Practice Relating to Rule 118. Provision of Basic Necessities to Persons Deprived of Their Liberty
Denmark’s Directive on the Ban on Torture (2008) states:
Central to the issue [of the ban on torture and cruel, inhuman or degrading treatment or punishment] is that detainees are treated well and humanely.
Was … the detainee’s health [taken into consideration]?
Does the detainee receive the necessary food and drink?
Was due attention paid to the detainee’s age, gender and state of health?
Did the detainee have the opportunity to ensure personal hygiene?
Were there acceptable sanitary conditions under detention?
Denmark’s Military Criminal Code (1973), as amended in 1978, provides:
Any person who uses war instruments or procedures the application of which violates an international agreement entered into by Denmark or the general rules of international law, shall be liable to the same penalty [i.e. a fine, lenient imprisonment or up to 12 years’ imprisonment].
Denmark’s Military Criminal Code (2005) provides:
Any person who deliberately uses war means [“krigsmiddel”] or procedures the application of which violates an international agreement entered into by Denmark or international customary law, shall be liable to the same penalty [i.e. imprisonment up to life imprisonment].