Practice Relating to Rule 87
Section D. 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.”
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: “Anyone who is detained, whatever his status under the  Geneva Conventions, must as a minimum be treated humanely.”
The ministry further stated:
The requirement for humane treatment of detainees – no matter their status – is also apparent from the Geneva Convention’s Common Article 3 on non-international armed conflicts, which today is perceived as customary law applying to all armed conflicts.
Furthermore, the ministry noted:
[The Defence Command’s confidential Directive for the Army Operational Command concerning the use of force during Operation Enduring Freedom, 24 January 2002, states:] “Denmark is responsible for ensuring that all detained personnel shall be treated humanely, including personnel with the right to prisoners of war status […]” It is also clear that the force can detain civilians who prevent the completion of the operation, or if they possess information that is important for the completion of the operation. These civilians may, under the necessary protection and with the consent of the Head of the Danish special operation forces, be left to a superior authority – in this case the U.S. military leadership on the spot – in order [to] enable interrogation. However, these civilians cannot be left where there is real reason to fear that they will not be treated human[e]ly.
Lastly, with regard to the transfer of detainees to other States, the ministry stated:
It is clear from this Report that the determining factor of whether a transfer is in accordance with international law is whether the receiving state has acceded to the [1949 Geneva Convention III] and is willing and able to apply it. This condition may, according to the Report, be considered to be satisfied even if the states employing the Convention may have partly differing views on certain issues related to the interpretation of [the] Convention. However, there must in all circumstances exist a basis for believing that the receiving state will treat detainees humanely and grant them basic rights under Conventions.