I. LEGAL FRAMEWORK

C. National level

13. Despite the absence of a specific provision, there have been moves by the Ministry of Justice and the legislature towards tightening the legal framework in relation to torture. However, instead of making torture a specific offence, as envisaged by article 4 of the Convention against Torture, the newly introduced section 157 A  only refers to torture as aggravating circumstance in relation to existing crimes and increases the maximum penalties for such acts:

(2) A violation of this Act shall be considered to have been committed by torture if it was committed in the performance of Danish, foreign or international public service or duty by inflicting harm on the body or health of another or causing severe physical or mental pain or suffering to another

(3) Due to the subject’s political belief, gender, race, skin colour, national or ethnic origin, religious belief or sexual inclination.”

Link to full text of the report: http://www2.ohchr.org/english/bodies/hrcouncil/docs/10session/A.HRC.10.44.Add.2.pdf