Europarådets Torturforebyggelseskomité (CPT) var den 25. til 27. septem-ber 2012 i Grønland og besøgte i den forbindelse bl.a. politistationen ogAnstalten i Nuuk.CPT har i rapporten fra besøget fremsat en række kommentarer, anbefalin-ger og anmodninger om information. CPT har anmodet om bemærkningerhertil inden for 6 måneder.Til brug for udarbejdelsen af regeringens bemærkninger til rapporten harUdenrigsministeriet anmodet Justitsministeriet om bidrag vedrørende an-befalingerne til pkt. 11, 12, 13, 14, 22, 25, 27, 29, 31, 32, 33, 34, 34, 39 og41, kommentarerne til pkt. 11, 12, 14, 23, 25 og 42 samt anmodningerneom information angående pkt. 16, 17, 20, 21, 22, 38 og 41.Justitsministeriets bemærkninger til kommentarerne, anbefalingerne oganmodningerne om information er angivet nedenfor med kursiv:CPT’s recommendation concerning paragraph 11:-steps to be taken to ensure that all persons detained by the police inGreenland have a formally recognised right to inform a relative, oranother third party of their choice, of their situation, as from the veryoutset of their deprivation of liberty. Any possibility exceptionally todelay the exercise of this right in order to protect the interests of jus-tice should be clearly circumscribed in law and made subject to ap-propriate safeguards (i.e. any delay to be recorded in writing with the

The Chief Constable of Greenland has informed that the following is a re-sult of his orders of the day number 1 regarding detention, in so far as theallowance of detainees to inform others about their detention: (The ChiefConstable’s orders of the day are binding on the staff members.)“9. Other decisions regarding the treatment of arrestees.The police will, in all cases where the conditions are appropriate and if itis in accordance with the purpose of the arrest, grant the arrestees requestto inform the next of kin of the arrest. Regarding persons under 18 years ofage, the social authorities are always informed of the arrest, and those atthe person’s home are informed to the extent possible, even without a re-quest from the arrestee.The time of detention and release are also to be noted in the criminal case,according to the Administration of Justice Act for Greenland section 356The guide for arrestees and detainees (published by the Directorate forPrison Services in January 2002) must always be issued to arrestees inconnection with placement in detention.”The Chief Constable of Greenland has also informed that this notificationetc. is documented in the form of a report.The Chief Constable of Greenland is not aware of any cases where a de-tainee, for instance after an inquiry regarding this subject, has not beeninformed that his/her request or application for the notification to next ofkin has been fulfilled.CPT’s recommendation concerning paragraph 12:

The rules regarding interrogation, etc. are stated in the Administration ofJustice Act for Greenland:“Interrogation by the policeSection 346. The police can conduct interrogations, but cannot require aperson to given an explanation. A person may not be forced to make astatement. However, each interrogee must (if requested) provide name,address and date of birth to the police. The refusal to do so can result in afine.Part 2. The significant content of the statements is noted in the reports.Particularly important parts of the statements are reproduced to the extentpossible with the interrogee’s own words.Part 3. The interrogee must be given the opportunity to familiarizehis/herself with the reproduction of his/her statement. The interrogee’spossible changes or additions are taken into account. The interrogee is of-fered the opportunity to sign the report, but is made aware that there is norequirement to do so. In the report it must be evident that these rules havebeen observed.Part 4. An audio recording of the statement is only permissible if the inter-rogee is made aware of it.Section 347. Before the police interrogate someone, the subject must bemade expressly aware of the charges and the subject’s right to remain si-lent. It must be evident in the report that these rules have been observed.Part 2. The Minister of Justice sets the rules regarding in which cases thecity must be informed and have access to observe the interrogation of in-terrogees under the age of 18.

Part 3. The questions posed to the interrogee must not be presented insuch a way that something denied or not confirmed is deemed to be con-fessed. Promises, false information or threats must not be used.Part 4. The duration of the interrogation must not be extended for the solepurpose of gaining a confession. If interrogations are not very brief it mustbe stated in the report the time for the beginning and end of the interroga-tion.Part 5. The interrogee cannot ask his attorney or others for advice in ans-wering the questions.Section 348. When the police interrogate a person who is not charged, therules in section 147 part one, section 154 and section 156 parts one andtwo are applicable.”In connection with the entering into force of the current Administration ofJustice Act for Greenland the Chief Constable of Greenland has sent thefollowing information to the police of Greenland:“New Administration of Justice Act – Guide for persons chargedThe new Administration of Justice Act, which entered into force 1 January2010 contains rules about the police’s guidance of persons charged. Itstates something new, that a person charged (in addition to an orientationto the contents of the charges and the right to remain silent) must be coun-seled about the opportunity to be assisted by a defense attorney.It must be evident in the police report that the person charged has beencounseled to this extent. The following can be stated in the report:‘The person charged has been made aware of the content of the chargesand that (s)he is not required to make a statement to the police.The person charged has been made aware of his/her right to choose a de-fense attorney allowed to attend the meeting, or upon request that thecourt may appoint him/her one.’A person charged must in this connection also be informed that (s)he willhave to pay for the cost of a self-chosen defense attorney and that it is theright of the police district to decide whether a defense attorney will be ap-pointed. The request of the person charged to choose a defense attorney orthe court’s appointment of a defense attorney does not prevent the com-4

mencement or continuation of the interrogation if the person charged iswilling to make a statement without the presence of a defense attorney. Inthis case this should be noted in the report.As soon as possible further guidelines will be produced regarding the po-tential role of the defense attorney in connection with the interrogation bythe police of a person charged.”It was consequently evaluated and decided that for the time being it is notnecessary to produce guidelines regarding the defense attorney’s role ininterrogations, beyond those already established in the Administration ofJustice Act.CPT’s recommendation concerning paragraph 13:-legal provisions to be introduced, ensuring that all persons in policecustody in Greenland have an effective right to be examined by a doc-tor (including a doctor of their own choice, it being understood that anexamination by such a doctor may be carried out at the detained per-son’s own expense).

The Chief Constable of Greenland has informed that the following is con-tained in his orders of the day number 1 regarding detention, in so far asregards the examination of an arrestee by a doctor:“3.2 Evaluation by a doctor, etc.If there is information that the arrestee is or can be suicidal, he or shemust be seen by a doctor prior to incarceration with a view to profession-al evaluation of whether the incarceration of the subject, with the per-son’s safety in mind, is defensible. If no doctor can be found in the city orwithin the area then the subject can be seen by a nurse or another repre-sentative of the healthcare authorities.This is also the case if according to information regarding personal rela-tions, etc. it cannot be ruled out that the arrestee is suicidal: for instance1. because the subject within the last 2 years has been under the authorityof an institution according to Greenlands Criminal Code Section 157, 2.Because the subject is known in connection with forced hospitalizationbased on red papers 3. Because the subject is known for previously having5

attempted suicide or 4. because there is other information that indicatesthat the subject can be suicidal.The subject must be seen by a doctor if there is a suspicion that the arres-tee is sick or injured. In order to assure the best possible grounds for eva-luating the state of health of the subject, the police should pay attention towhat state the subject is in at first contact, including whether the subjectinflicted injuries upon him/herself. Furthermore, the point of encountershould be searched for bottles, medicine, syringes or otherwise. Possiblewitnesses present should be asked about the subject’s behaviour.If there is a suspicion that the arrestee after incarceration has becomesuicidal, sick or injured the person should immediately be seen by a doc-tor, etc.If an arrestee is under the influence of alcohol to such an extent that in-carceration of the person for this reason is deemed very necessary thenthe subject, to the extent possible, in any case must be seen by a doctorbefore incarceration, cf. paragraph 2.1.”Regarding the access of the detainee to be seen by a doctor of his/her ownchoosing, the Chief Constable of Greenland has informed that in Green-land there are no private physicians. The medical services in Greenlandalways take place under the umbrella of the health services authority, andaccording to the decision of the health services authority about whichdoctor(s) is/are on watch, etc. There is therefore no citizen in Greenlandthat has the opportunity to consult a specific doctor. This applies also todetainees, who are to been seen by medical staff.CPT’s recommendation concerning paragraph 14:-a specific record to be kept of the fact that detained persons have beenprovided with information on their rights; detained persons should beasked to certify with their signature that such information has beenprovided and, if necessary, the absence of a signature in a given caseshould be explained.

As stated in the Chief Constable of Greenland’s orders of the day number1 regarding detention, the guide for arrestees and detainees (produced bythe Directorate for the Prison Services, January 2000) must always begiven to the arrestee in connection with placement in detention.The Chief Constable of Greenland has requested that the Directorate forthe Prison Services consider whether there are grounds for the producingof an English language version of the guide, for use on rare occasionswhen the arrestee speaks neither Danish nor Greenlandic.Furthermore, in connection with at future revision of the orders of the daynumber 1, the Chief Constable of Greenland will consider whether itwould be appropriate to document to a greater degree than today thehanding over of this guide.CPT’s request for information concerning paragraph 16:-whether there are any plans to adopt new rules on handling of policecomplaints in Greenland.

The Ministry of Justice has asked the Greenlandic self-government to de-liver an opinion for the purpose of replying to the request. However, theGreenlandic self-government has advised that the opinion is not expectedto be delivered until the beginning of June 2013. The reply will be for-warded when the self-government’s opinion is received.CPT’s request for information concerning paragraph 17:-the number of complaints about misconduct of the police in Greenlandreceived in 2012, and the outcome of those complaints.

The Chief Constable of Greenland has noted that the actual number ofdisciplinary sanctions should be three for 2010 (and not two) and two for2011 (and not one).Furthermore, the Chief Constable of Greenland has advised that a total of16 police complaints board cases were received in 2012. The distributionof the 16 complaints were 6 behavioural complaints, 7 criminal cases, onesection 17(2) cases (case where a person has died or been seriously in-jured as a consequence of police intervention or while the person in ques-tion was in police custody) as well as two notice cases (behavioural com-plaint cases which are ended by a conversation between a superior policeofficer and the complainant).In addition, the Chief Constable of Greenland has advised that 6 discipli-nary sanctions were given in 2012. Two of these sanctions concern caseswhich were started on the basis of a police complaint board case. By theway, it is the National Commissioner of the Police who since November2011 holds the authority to give disciplinary sanctions.CPT’s request for information concerning paragraph 20:-precise information, in respect of the year 2012, on the number of re-mand prisoners who were held at Nuuk Police Station and, in eachcase, for how long.

The Chief Constable of Greenland has advised that 18 persons were de-tained in the police detention in Nuuk in 2012. This includes informationabout detention which is to be considered detention in a waiting room(detention in the holding cell for less than 24 hours). The 18 detainees aredistributed as follows:Number of persons detained for more than 24 hours but less than2 daysNumber of persons detained for more than 2 days but less than 3daysNumber of persons detained for more than 3 hours but less than 4daysNumber of persons detained for more than 4 days but less than 5daysNumber of persons detained for more than 5days but less than 6days944018

The plan for rebuilding and renovating Nuuk police headquarters is pro-ceeding as expected. The project plans/schedules are now in consultationwith Nuuk municipality. Work can take its beginning 4 months after finalapproval of the municipality. It will take about one year to complete thework. At present, the rebuiling is expected to be completed in the summerof 2014.It has long been the plan to rebuild/renovate Nuuk police headquarters. InMarch 2012, the National Police executive board decided to carry througha complete rebuilding/renovation of the police station. The board subse-quently decided on a solution where the police academy is included in theexisting building. The result is better use of building space. For example,by liberating premises there will be space available that can be convertedinto offices with day light. The scheduled building activities will thus se-cure optimal space and office solutions for the police in Nuuk.Bygningsstyrelsen (the national building agency) and the consulting archi-tect office have declared that within the existing frames it is possible tobuild, if necessary, an extension where the police academy will be inte-grated on the top first floor without jeopardizing the space needed for car-rying out everyday police tasks. On the basis of i.a. statements of the num-ber of personnel and the time they take off in lieu of payment for overtime,the consulting architect office has drawn up a draft space plan of thebuilding showing the integration of the police academy on first floor withseparate entrance from a new, separate stair turret. Further, a new exten-sion will include bath and changing facilities as well as space for IT andother technical equipment, if necessary.

The project plans were sent to Nuuk municipality on 10 January 2013 forcommentation. If Nuuk municipality has no comments or objections to theproject, the Danish National Police will recommend to the national build-ing agency that the project can be initiated at once.The consulting architect office has stated that at the earliest work can be-gin 4 months after final approval of the suggested space plan. 2 monthsare needed for planning and official approvals, 1 month for notice and fur-ther 1 month for start-up and setting up the construction site. Consequent-ly, start-up could be in May 2013, at the earliest. The construction periodis estimated to be 1 year with anticipated delivery at the end of June 2014.CPT’s request for information concerning paragraph 22:-the progress made in the construction of the new prison in Nuuk andmore details of the new establishment, especially as regards the mate-rial conditions and the facilities for activities, association and visits.

Regarding the progress made in the construction of the new prison inNuuk, a location for the prison has been chosen and a building pro-gramme with a description of functional and technical requirements, etc.,has been developed. In December 2012, a competition for the design of thenew prison was launched among architectural and engineering firms. Theparticipants delivered their proposals at the end of March 2013, and on 17May 2013 a winner was announced. Subsequently, the winning proposalwill be designed in detail.The construction phase will begin in early 2015 and will be finished in2017.The new prison in Nuuk has a planned capacity of 76 places (including 40places in closed regime), and it is scheduled for completion during theyear of 2017.Facilities for both occupation and leisure activities will be provided. Asregards the facilities for occupation, there will be workshops and roomsfor education and treatment, and as regards leisure activities there will bea sports ground, a gym, a library, a religious room (church) and a meetingroom. In the sections (housing units) there will be rooms for associationand a kitchen next to the cells.10

The opening of a new closed-type prison in Nuuk will make it possible torepatriate inmates from Greenland currently accommodated at Hersted-vester Institution in Denmark and thereby bring them close to their ownculture and nature. This issue is part of the purpose of the new prison.Please be assured that the construction of the new closed-type prison inNuuk is being treated as a matter of priority by the Danish Government.CPT’s comments concerning paragraph 23:-staff at Nuuk Prison should be reminded that they must always treatprisoners in their custody with respect,

According to the Prison and Probation Service of Greenland, it always fol-lows up on specific complaints from inmates concerning staff behaviour,including complaints of the tone used by staff towards the inmates. As ageneral rule, staff and the inmates are instructed to maintain a decent tonetowards each other. This is done, e.g., when staff takes parts in leisure ac-tivities with the inmates (such as sports). This quite informal and ‘equal’association helps build mutual respect between staff and inmates. Duringthe training of uniformed staff, considerable weight is moreover attachedto subjects like ethics and morals, and the staff is also instructed in using arespectful tone as part of an improvement of dynamic security.-the management and staff of Nuuk Prison should be encouraged to ex-ercise continuing vigilance as far as inter-prisoner violence is con-cerned.

According to the Department of Prisons and Probation, an initiative wastaken to improve the ventilation in the remand section of Nuuk Prison afterthe CPT’s visit. Accordingly, plans were made for additional mechanicalventilation, which will noticeably improve the indoor climate. The Prisonand Probation Service of Greenland stated on 7 May 2013 that the im-provement of the ventilation of the remand section was now completed.Following the CPT’s visit to the prison, a refurbishment of the toilet andshower facilities of the remand section and the secure section was alsocommenced. The Prison and Probation Service of Greenland stated on 7May 2013 that the refurbishment of the toilet and shower facilities wasnow completed.CPT’s comment concerning paragraph 25:-it would be highly preferable for the cells in the “Arrest” section to beused only for single occupancy.

The Prison and Probation Service of Greenland has informed the Depart-ment of Prisons and Probation that the use of remand section cells fordouble occupancy is avoided as far as possible. However, at intervals thenumber of detainees may make it necessary to use double occupancy. It isobserved in that connection that Nuuk Prison tries to minimise the use ofdouble occupancy by a different and more flexible use of the sections inthe prison. In continuation of this effort, the prison has made minor build-ing alterations, including screening of windows facing on to a public road.CPT’s recommendation concerning paragraph 27:-the Danish authorities to ensure that all the prisoners currently ac-commodated in the mixed-sex sections of Nuuk Prison unequivocallyagree to this arrangement and are adequately supervised.12

Nuuk Prison now has a screened section with room for six female inmates.The section was brought into service in November 2012 and has toilet andshower facilities, and a welfare officer is also attached to the section andis in charge of activities with the female inmates.Hence, in future, female inmates of Nuuk Prison will be able to stay in aspecial section separated from male inmates, and the prison estimates thatwith the establishment of the women’s section it now disposes of a suffi-cient number of places reserved for female inmates, thereby obviating theneed to place male and female inmates in the same section in future.CPT’s recommendation concerning paragraph 29:-steps to be taken to develop the programme of activities available toall inmates at Nuuk Prison, including those placed in the “Sikret” sec-tion for other than disciplinary reasons.

Convicted inmates have a right and a duty of occupation by participatingin work, education, training or other approved activity pursuant to section210 of the Greenland Criminal Code. Under section 17(1) of ExecutiveOrder No. 1176 of 7 December 2009 on detainees, a detainee has no dutyof occupation, but must be offered occupation.The Prison and Probation Service of Greenland has informed the Depart-ment of Prisons and Probation that the following activities are offered tothe inmates of the prison:

Activities with a welfare officer:

The occupation room of the prison offers the following activities:Sewing machine, painting at easels, card games, music, PS3 games (Play-Station), jigsaw puzzles, baking and cooking. In December 2012, the newarts workshop of the prison was opened, and inmates are now able to pro-duce tupilak figurines and other handicraft items from Greenland.

Lessons with a part-time teacher:

All lessons take place in the school room of the prison and in the cells forthose in solitary confinement who want to be taught in the cell. The sub-jects taught are Greenlandic, Danish and mathematics. Classes are di-vided by section, and two classes are taught per day, typically with five toeight inmates per class. A weekly total of 25 lessons.13

Outdoor activities (escorted):

It is possible to go on nature hikes and play soccer in a gym.

Work in the Prison:

Inside the prison, work is available in the form of kitchen work, work as asection janitor, indoor and outdoor maintenance, snow clearing and laun-dry.The Department of Prisons and Probation agrees with the comments of theCPT to the effect that the aim should be to offer all inmates, including in-mates in the remand section and the secure section, purposeful activities ofvarious kinds, including activities outside their cells.With reference to the limitations imposed on the inmates in the secure sec-tion and the remand section, the Prison and Probation Service ofGreenland has stated that the management of Nuuk Prison takes greatcare to offer activities outside the cells to inmates placed in the secure sec-tion for non-disciplinary reasons. This also applies to the detainees in theremand section.However, the prison has a general problem of offering sufficient work tothe inmates, including those in the secure section and the remand section.As an alternative to work, these inmates are therefore offered the possibil-ity of participating in leisure activities like sports three times a week,school/lessons twice a week and handicraft activities three times a week.A welfare officer employed by the prison also pays particular attention tothis group of inmates. In addition, both prison officers and caseworkerstake extra care to have consultations with inmates placed in the securesection.Moreover, according to the Prison and Probation Service of Greenland,inmates who do not want to associate with the other inmates in the securesection are offered individual tuition, activities in the occupation room anda possibility of extra outdoor exercise under staff supervision.Additionally, the inmates in the secure section are regularly offered healthconsultations with a medically trained person, particularly to safeguardthe inmates’ mental health.14

It should also be noted that both convicted inmates and detainees must re-ceive a basic amount per hour under the rules of the Criminal Code andthe Occupation Order if the institution is unable to offer them occupationdue to lack of work assignments.As mentioned above, Nuuk Prison has established various occupationaland educational offers as well as leisure activities. The Department ofPrisons and Probation has observed that the assessment of the need tolaunch any further initiatives in the present Nuuk Prison should be seen inlight of the fact that, as previously mentioned, a completely new prison isto be built in Nuuk, expected to be completed in 2017.CPT’s recommendation concerning paragraph 31:-the Danish authorities to take necessary measures to ensure that allprisoners are examined by a doctor, or by a qualified nurse reportingto a doctor, within 24 hours of their admission to Nuuk Prison.

The prisons in Greenland do not employ any medical staff, and all medicaltreatment of inmates is therefore carried out under the auspices of the ex-isting healthcare system in the outside community.Under section 209 of the Greenland Criminal Code, inmates are entitled tomedical treatment and other healthcare. The provision gives inmates thesame access and right to medical treatment, etc., as citizens who are not incustody.According to Nuuk Prison, the local hospital is always informed of newarrivals. In that connection, a request for a medical examination of theinmate is made. In practice, the inmate is transported to the hospital forthe medical examination, or a doctor comes to the prison to perform themedical examination. Other than in exceptional cases, the medical exami-nation is given within the first week of incarceration.On suspicion that an inmate is ill or needs medical or nursing care, thematter is immediately attended to.CPT’s recommendation concerning paragraph 32:

As mentioned in the response to paragraph 31, inmates are entitled tomedical treatment and other healthcare on an equal footing with citizenswho are not in custody. Accordingly, inmates in prisons have no specialaccess to psychological or psychiatric assistance compared with citizensin the outside community.Nuuk Prison does not employ any psychological or psychiatric treatmentstaff. Psychological/psychiatric treatment is given under the auspices ofthe public health service system in the outside community to a limited ex-tent.However, according to the Prison and Probation Service of Greenland, ithas established cooperation with the psychiatric ward of the Queen IngridHospital in Nuuk, which provides advice and guidance in this field.Moreover, according to the Department of Prisons and Probation, a psy-chologist employed in the unit for inmates from Greenland in Hersted-vester Institution in Denmark has visited the prisons in Greenland to assistthem as regards the treatment of inmates sentenced to safe custody.Through his work in Herstedvester Institution, this psychologist has athorough knowledge of inmates from Greenland sentenced to safe custodyand has therefore been able to assist the prisons with specific advice andguidance, and pscyhologist’s certificates have been prepared for use in theconsideration of applications for grant of leaves.Currently, a psychologist and former employee of Herstedvester Institutionis assisting the Prison and Probation Service in Greenland with the prepa-ration of certificates and specific advice and guidance.Finally, it should be noted that the Criminal Code and its travaux prépara-toires are based on the assumption that it must be ensured when a safecustody unit is set up in the future new prison in Nuuk that the treatmentcapacity required in the specialist fields of psychiatry and psychology isavailable as far as possible when the new prison is ready for use. The de-tails of the organisation of treatment will be arranged in close cooperationwith the Greenland authorities.CPT’s recommendation concerning paragraph 33:16

In August 2012, the Prison and Probation Service of Greenland con-cluded an agreement on cooperation with a treatment centre calledKatsorsaavik. As a first project, an offer of treatment for substance andalcohol abuse has been launched in Nuuk Prison, which is currently run-ning a course of treatment of eight inmates. Inmates from other prisonscan apply for a transfer to Nuuk Prison for the purpose of enrolling in thetreatment project.Moreover, inmates of Nuuk Prison may participate in AA meetings (Alco-holics Anonymous) inside or outside the prison.CPT’s recommendation concerning paragraph 34:-no medical document to be placed in prisoners’ administrative re-cords, and measures to be taken to guarantee full respect at NuukPrison of the confidentiality of medical data.

According to the Prison and Probation Service of Greenland, no medicalinformation is kept in the inmates’ case files in the prison as such informa-tion is kept in the inmates’ files in the public healthcare system.When the Queen Ingrid Hospital is notified of new arrivals (mentioned inthe response to paragraph 31), the hospital sends a receipt on its officialstationery to the prison. The only thing that appears from the receipt isthat the relevant inmate has been signed up for a routine health examina-tion, and according to Nuuk Prison this receipt must have been the docu-ment observed by the CPT at its visit to the prison.CPT’s recommendation concerning paragraph 35:-a daily visit by a nurse to Nuuk Prison to be ensured. Preferably, adoctor should be specifically appointed to be in charge of the health-care aspects of the establishment, and visit the prison at least once aweek.

It appears from the report that according to the assessment of the CPTthere seems to be a lack of police staff to supervise visits to detainees inisolation or subject to controlled visits. According to the CPT, this meansthat visits may be substantially delayed.The conditions concerning detention have been described in section 359 ofthe Administration of Justice Act of Greenland. It appears, i.a., that acharged person may be detained when there is reasonable suspicion thatthe person in question has committed a serious crime or a number of vio-lations which have not previously been decided, and which under the actmay carry a prison sentence and that under the circumstances there arespecific reasons to assume that the charged person will make the prosecu-tion of the case more difficult, in particular by removing traces or warn orinfluence others, cf. section 359(1)(2)(c) (risk of collusion).Under section 373 of the Administration of Justice Act of Greenland thecourt may, under specific circumstances on request from the police decidethat a detainee may be excluded from company of the other inmates (isola-tion).The detainee cannot otherwise be kept separate from other persons or oth-erwise be subject to restraints to a further extent than the interest of orderand safety at the place of detention requires, cf. section 378.For considerations of the purpose of the detention, the police may objectto the detainee receiving visits or demand that visits take place under su-pervision (controlled visits). If the police refuse visits, the detainee must beinformed about this unless the court decides otherwise in the interest of theinvestigation. The detainee may demand that the rejection by the police tovisits or the requirement of supervision must be brought before the court tobe decided. The detainee will always be entitled to unsupervised visits byhis/her defence lawyer, cf. in total section 379(1) of the Administration ofJustice Act of Greenland.

The provision in section 379 is supplemented by executive order no 1176of 7 December 2009 regarding detainees in which specific guidelines havebeen set concerning the detainees’ right to visits.The Chief Constable of Greenland has advised that it is not possible fromthe police systems to withdraw reliable information regarding the numberof detainees who were detained in isolation in 2012. However, the numberis very limited.In addition, the Chief Constable of Greenland has advised that in 2012132 persons were detained pursuant to section 359(1)(2)(c) (risk of collu-sion) of the Administration of Justice Act. Persons, who are detained dueto the risk of collusion, will in most cases be subject to visit and letter con-trol. Typically, this will be cases with several perpetrators, including per-petrators at large, and for instance cases concerning smuggling of drugs,robberies, more serious cases concerning violence, sexual offences, exten-sive offences against property and homicides.In each case, a specific assessment is made of the need for restrictions inthe detainee’s contact with others and the proportionality of the restric-tions in relation to the character and seriousness of the case.Furthermore, the Chief Constable of Greenland has advised that no statis-tics are kept of how many detainees with visit control do not receive therequested visits.At the same time, the Chief Constable of Greenland has said that they en-deavour to ensure that the detainees who are subject to restrictions as faras at all possible can receive supervised visits or telephone conversationsas needed. The tasks which are to be solved by the police staff do, how-ever, place limitations on the possibility to hold supervised visits/telephonecalls.Nuuk Police has advised that in the cases where the police cannot partici-pate in a desired visit - for instance if the request for a visit is put forwardat very short notice - they will, instead of refusing the visit, as the mainrule instead offer that the visit may take place at a later date when the po-lice is able to participate. In that connection it is endeavoured that thetime period between the requested time of the visit and the time offered isas short as possible.19

It is the view of the Chief Constable of Greenland that only in very few in-stances a refusal is made to the request for a visit.In addition, the Chief Constable of Greenland has advised that detainees -in addition to bringing a refusal for a visit to court - may also complainabout the measures taken by the police in connection with a detention. Adetainee - or his or her defence lawyer - will thus be able to complainabout a refusal to receive visits to the Chief Constable of Greenland.According to the information of the Chief Constable of Greenland no suchcomplaints were received in 2012 by the Chief Constable and no suchcases have been noted to have been brought to court.CPT’s recommendation concerning paragraph 39:-the following steps to be taken in Greenland in respect of police-imposed restrictions on remand prisoners’ contacts with the outsideworld:the police to be given detailed instructions as regards recourse to pro-hibitions/restrictions concerning prisoners’ correspondence and visits;that there be an obligation to state the reasons in writing for any suchmeasure;that, in the context of each periodic review by a court of the necessityto continue remand in custody, the question of the necessity for thepolice to continue to impose particular restrictions upon a remandprisoner’s visits and letters be considered as a separate issue;that the remand prisoners concerned be given the right to appeal to thecourt against police-imposed prohibitions/restrictions;the practice of prohibiting access to a telephone to be reviewed andmade subject to the same safeguards as those in respect of correspon-dence and visits.

“The circumstances during arrestSection 378. The detainee must not be isolated from other people or forthat matter be given restrictions to a greater degree than is necessary forthe maintenance of order and security at the place of detention.Visits and temporary releaseSection 379. For the purpose of detention, the police can oppose visits to adetainee or can require that visits take place under control. If the policedeny visits, the detainee must be informed of this, unless the court decidesotherwise for reasons of an investigation. The detainee can demand thatthe police’s rejection of visits or demand of control be presented to a courtto decide upon. The detainee always has the right of uncontrolled visits byhis defense attorney.Part 2. The institution’s leadership can, with the police’s permission, givea detainee permission to leave the detention facility for a short period.Letter controlSection 380. The police can examine letters to or from a detainee beforereceipt or sending. The police must deliver as quickly as possible letters,unless the contents would be damaging for an investigation or the main-tenance of order and security at the place of detention. If a letter is de-tained, the question regarding whether the detention should be maintainedmust be presented immediately to a court to decide upon. If the detention ismaintained, the sender must immediately be informed, unless the court(with regard to an investigation) decides otherwise. A detainee has theright to the uncontrolled exchange of letters with the court, the defense at-torney, the Minister of Justice, the director for the prison service, the Da-nish Parliament’s ombudsman and the Greenland’s Parliament’s om-budsman. The Minister of Justice can establish rules regarding the detai-nee’s right to send closed letters to other public authorities or individuals.Court control of the limitation of other rightsSection 381. If the police decide that for the purpose of detention other li-mitations should be placed on a detainee’s rights, the detainee can de-mand that the question of the maintenance of these limitations be broughtbefore a court to decide upon.21

According to the Department of Prisons and Probation, there is very lim-ited access to natural light, particularly in the two observation cells, be-cause the windows are very small. In addition, the windows are screenedfrom the outside to prevent any possibility of looking into the observationcells as these cells face on to a public road. The windows in the observa-tions cells have been made smaller in recent years because inmates van-dalised and broke the windows.Moreover, according to the Department of Prisons and Probation, it hasbeen decided to improve the artificial lighting in the observation cells andthe security cell to compensate for the lack of access to natural light inthese cells. This work will commence as soon as possible.Finally, for the CPT’s information, a renovation of floors and walls in theobservation cells and the security cell will be commenced in the near fu-ture.CPT’s comment concerning paragraph 42:

From paragraph 71 of the report on the CPT’s 2008 visit to Denmark itappears that the approach to immobilisation in prisons, in the Commit-tee’s opinion, should take into consideration a number of principles andminimum standards.Re appropriate useThe use of forced immobilisation in Greenland is subject to a statutoryprinciple of proportionality and considerateness. Accordingly, it appearsfrom section 225(1) of the Greenland Criminal Code that forced immobili-sation may only be applied in connection with confinement in a securitycell if necessary to avert imminent violence or to overcome violent resis-tance or to prevent suicide or other self-mutilation. It further appears fromsection 225(2) of the Criminal Code that no forced immobilisation may beeffected if such measure would be disproportionate in view of the purposeof the measure and the indignity and the unpleasantness presumablycaused by the measure. Finally, it appears from section 225(3) of theCriminal Code that forced immobilisation must be effected as consider-ately as circumstances permit.Re attendance by a doctorIn case of forced immobilisation of an inmate in a security cell, the institu-tion shall promptly request a doctor to attend the inmate, and the doctorshall attend the inmate unless the doctor deems such attendance obviouslyunnecessary, see section 225(4) of the Criminal Code.Re equipmentIn the assessment of the Department of Prisons and Probation, the equip-ment meets the requirements described by the CPT. Staff is also trained inthe use of the equipment.Re duration of fixationIt appears from section 6 of the Greenland Executive Order No. 1163 of 7December 2009 on the use of means of restraint in prisons that immobili-sation may only exceptionally be applied for more than 24 hours. Immobi-lisation extending over more than 24 hours must be reported promptly tothe Director of the Prison and Probation Service of Greenland, who thenreviews the case, see section 12(3) of the Executive Order. If means of re-23

straint are used for more than 24 hours, a doctor must be briefed daily toallow him to assess, on the basis of his knowledge of the inmate, etc.,whether medical attendance is necessary, see section 10(4) of the Execu-tive Order. The Prison and Probation Service of Greenland follows up oncases of this nature by checking after 48 and 72 hours whether the immo-bilisation has been maintained. This is very rarely the case.Re informationSection 11(1) of the Greenland Executive Order No. 1163 of 7 December2009 on the use of means of restraint provides that a report must be madeas soon as possible on the use of security cells and forced immobilisation.The report must state the reason for the use of the means of restraint, thedate and time of termination of the use thereof and that the inmate hasbeen briefed on the possibility of appealing to the Director of the Prisonand Probation Service of Greenland and on expiry of the time-limit forlodging such appeal. Moreover, the report must provide information onthe time when a doctor was summoned to attend an immobilised inmate.Upon request, the inmate must be given a copy of the report, see in this re-spect section 11(2) of the Executive Order.Re formal written guidelinesAccording to the Prison and Probation Service of Greenland, only one se-curity cell is available in Greenland (located in Nuuk Prison). No writtenguidelines have been issued on the use of the security cell, includingforced immobilisation. However, the basic training of prison officers in-cludes lessons in the use of means of restraint, including the security cell,and a specific examination on this subject is given. For the purpose of fur-ther supporting casework, including safeguarding the rights of inmateswhen placed in a security cell, the Prison and Probation Service ofGreenland has just drafted a new report form and a new observationsheet.Re continuous and direct monitoringSection 5(1) of the Greenland Executive Order No. 1163 of 7 December2009 on the use of means of restraint in prisons provides that an inmateunder forced immobilisation must have a constant guard.Normally, the constant guard stays outside the security cell in a placewhere he or she can observe the inmate without being visible. In the ex-perience of the Prison and Probation Service, this is the best solution asthis will often make the inmate calm down. If the constant guard deems24

that it would be more expedient for him or her to stay in the security cell inthe specific situation, this is naturally possible. It should be noted that theinmate can always call the guard.Pursuant to the rules of section 12 of the Executive Order, notes on theimmobilised inmate must be entered in a special observation form. Notesmust be entered as needed, but at least every fifteen minutes.Re the opportunity to discuss the experienceOn 15 May 2013, the Department of Prisons and Probation requested thePrison and Probation Service of Greenland to introduce a system whichensures that an interview with a member of staff who has knowledge andexperience concerning placement in a security cell is offered to inmateswho have completed a period in a security cell shortly after the end oftheir placement.