Practice Relating to Rule 127. Respect for Convictions and Religious Practices of 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 other cruel, inhuman or degrading treatment or punishment] is that detainees are treated well and humanely.
Was the detainee subjected to violations of their modesty or honour? (in this regard, a person’s religious beliefs may mean that certain acts that would be considered less intrusive to other individuals, will actually be perceived as severe violation[s]).
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].
In 2006, in a report on the detention and transfer of persons in Afghanistan in 2002, Denmark’s Ministry of Defence stated:
International humanitarian law contains in Additional Protocol I to the Geneva Conventions, a series of basic fundamental guarantees, which applies to any person in a conflicting party’s custody. The persons to whom it applies, for example people who do not have the status of prisoners of war, must always be … guaranteed the right to … belief and religion.