Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution and law prohibit such practices, and there were some reports government officials employed them. On January 7, the Council of Europe’s Committee for the Prevention of Torture (CPT) published the report of its visit to the country in April 2019. It reported a few isolated allegations of excessive use of force, such as the person having been violently pushed to the ground or tightly handcuffed, and of threatening behavior by police officers, for example, officers pointing a firearm at the head of the person at the time of apprehension. It also received “a few allegations of excessive use of force by prison staff and prison transport officers, and of verbal abuse by prison staff.” At the Ellebaek Prison and Probation Establishment for Asylum Seekers and Others Deprived of their Liberty, the delegation received one allegation of excessive use of force and several allegations of verbal abuse by staff, including racist remarks.
The Danish Institute for Human Rights (DIHR) reported an increased use of force in prisons. It also noted an exponential increase in the use of prolonged solitary confinement as a disciplinary measure against convicted prisoners over the previous five years–705 instances of more than 14 days in 2019, compared with seven instances in 2015.
In February the DIHR criticized the use of prolonged physical restraint in psychiatric facilities finding that the use of physical restraint for over one hour had no legal basis. The DIHR report highlighted 163 “long-term” detentions that lasted between one and four hours in 2018, the most recent year for which statistics were available. The Danish Psychiatric Association also found instances of detentions that extended over six hours.
In July a public nursing home in Aarhus municipality was criticized after hidden surveillance videos of residents receiving degrading treatment were published and circulated in the media. The surveillance showed the residents living in poor hygienic conditions and subject to verbal abuse from workers. Although government and police officials told news outlets this treatment was unacceptable, authorities took no official action regarding this case.
Impunity was not a significant problem in the security forces.
e. Denial of Fair Public Trial
The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.
The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.
Defendants enjoy the right to a presumption of innocence; a prompt and detailed notification of the charges against them; a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to have adequate time and facilities to prepare a defense; to have free interpretation as necessary from the moment charged through all appeals; to confront prosecution or plaintiff witnesses and present their own witnesses and evidence; not to be compelled to testify or confess guilt; and to appeal their case.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution and law prohibit such actions, but there were isolated reports that the government failed to respect these prohibitions.
The law allows the government to gather airplane passengers’ personal data. The DIHR alleged that the Ministry of Justice failed to demonstrate the law complies with the European Court of Justice’s conditions for collecting passenger name record information. For example, access to oversight mechanisms on the use of personal data is limited to Danish citizens.
During the summer, more than 100 residents in Vollsmose, a suburb of Odense, the country’s third-largest city, filed discrimination complaints with the Equal Treatment Board after receiving eviction notices. The complaints alleged that the law’s ethnic criteria for neighborhoods classified as “ghettos” was directly discriminatory as it set limits on the number of residents from “non-Western backgrounds” who may live in an area in order for that area to avoid classification as a “ghetto.” Areas classified as “ghettos” are subject to increased police surveillance and higher punishments for crimes such as loitering.
Section 2. Respect for Civil Liberties, Including:
a. Freedom of Expression, Including for the Press
The constitution and law provide for freedom of expression, including for the press, and the government generally respected this right. An independent press, an effective judiciary, and a functioning democratic political system combined to promote freedom of expression, including for the press.
Freedom of Speech: The law prohibits any public speech or the dissemination of statements or other pronouncements that threaten, deride, or degrade a group because of gender, race, skin color, national or ethnic background, religion, or sexual orientation. Authorities may fine offenders or imprison them for up to two years. On June 2, the European Commission against Racism and Intolerance reported that the police case file-processing system registers reported offenses of hate speech as well as their judicial outcomes. It is still not possible, however, to collect data of a more detailed character, such as category of offense, type of hate motivation, or target group, from the system.
b. Freedoms of Peaceful Assembly and Association
The constitution provides for the freedom of peaceful assembly and association, and the government generally respected these rights.