Denmark has long maintained one of the highest rates of pre-trial detention in Europe, a practice that involves holding suspects in custody while police investigate serious crimes carrying potential sentences of 18 months or more. This measure is considered highly intrusive for individuals who have not yet been convicted, as it contradicts the fundamental principle of innocence until proven guilty. Consequently, such detention should only be employed when there are substantial grounds necessary for the investigation and applied proportionally.
The Human Cost of Extended Custody
Although the overall number of pre-trial detentions has decreased in recent years, the duration of these cases has increased on average. Remaining in custody for months or years seizes an individual from their daily life, including employment, education, and social networks. Suspects often face what experts describe as de facto isolation, spending up to 23 hours a day in cells with limited meaningful human contact. This environment can lead to severe psychological distress and damage family relationships.
These conditions raise significant legal concerns. The prolonged isolation associated with extended pre-trial detention risks violating prohibitions against inhuman or degrading treatment. International bodies, including the Council of Europe’s Committee for the Prevention of Torture (CPT) and the UN Committee Against Torture, have repeatedly urged Denmark to improve conditions for detainees. These organizations have emphasized the need to maintain contact with the outside world and prevent lengthy periods of isolation.
Proposed Reforms and Alternatives
In response to these challenges, the current government program indicates a political appetite to examine both alternatives to custody and the issue of lengthy detention periods. One proposed solution involves investigating the use of electronic monitoring, such as ankle bracelets, which would allow suspects to remain at home under supervision. Such measures could mitigate some of the negative consequences associated with traditional imprisonment.
Another key proposal targets the judicial process itself. Courts would be required to impose stricter standards and provide more detailed justifications when extending pre-trial detention beyond 90 days. This aims to address the automatic nature of extensions, ensuring that each renewal undergoes a thorough re-evaluation of whether continued custody remains necessary for the investigation.
Experts argue that a cultural shift within the prosecution service is also necessary. There is documented evidence suggesting that prosecutorial practices contribute significantly to the extensive use of detention. To effectively reduce reliance on pre-trial custody, judges must adopt a more critical stance when deciding on extensions, preventing detention from becoming a default rather than a last resort. These reforms seek to align Danish practices with international human rights standards while maintaining public safety and investigative integrity.
This report was produced by the HuMedia newsroom.
