New data show Denmark holds one of the highest rates of pretrial detention in Europe, with detainees awaiting trial for increasingly longer periods, sometimes over six months, sparking concern from legal experts and human rights organizations. Even though the term “innocent until proven guilty” is a common practice, the detention rates in Denmark spark concern about pretrial detainees and their mental health.
Pretrial Detention Rates in Denmark Continue to Climb
In Denmark, more individuals awaiting trial are being held behind bars for extended periods, sometimes for half a year or more. A new joint report from the legal think tank Justitia and the Danish Bar and Law Society reveals that the average length of pretrial detention has increased from 3.3 months in 2018 to 6.2 months in 2024. This rising trend raises serious concerns about due process and legal rights.
Typically, Danish law allows authorities to hold a person in custody before trial if there’s a risk of them fleeing, tampering with evidence, or committing new crimes. However, legal advocates note that these justifications are being used more and more routinely, leading to longer detentions for individuals who have not yet been convicted of a crime.
A Mentally Draining Experience for Detainees
For those held in pretrial detention, the prolonged uncertainty can have serious mental health consequences. Individuals are often confined alone in their cells for up to 23 hours per day and are denied access to even basic facilities, such as private restrooms. This isolation can be deeply damaging, especially for those who may ultimately be found not guilty.
Pretrial detainees are effectively trapped in a waiting period, with no clear timeline for when their hearings or trials will take place. Advocates say many suffer from anxiety, depression, and a deep sense of helplessness caused by the lack of transparency and communication from the justice system.
Pretrial Detention Rates in Denmark Among Highest in Europe
Denmark has received international criticism for its extensive use of pretrial detention. According to the Council of Europe, Denmark consistently ranks among the highest countries in both the proportion and duration of individuals held before trial. These figures greatly exceed those of neighboring Nordic countries like Sweden and Norway.
As of early 2024, nearly one in three inmates in Danish correctional facilities are being held in pretrial detention. This creates additional strain on the Danish prison system, already under pressure due to staffing shortages and overcrowding.
Legal Experts Demand Systemic Reform
Experts from Justitia and the Danish Bar and Law Society are urging policymakers to implement specific measures to address the issue. One of the primary recommendations includes setting a cap on pretrial detention periods. For example, authorities should not be allowed to detain individuals for more than 50 percent of the maximum sentence they could receive if convicted.
Another suggested reform is to implement periodic and thorough judicial reviews for those held in custody. This means that after a set time, such as three months, a detainee’s case would undergo a comprehensive evaluation by a judge to decide whether continued detention is justified.
These proposed reforms are designed to prevent unnecessary delays and ensure that pretrial detention remains a last resort, as prescribed by Danish and international law.
Calls for Political Action on Long Detention Rates in Denmark
Following recent reports and criticisms from bodies including the United Nations Committee Against Torture and the European Committee for the Prevention of Torture (CPT), Danish human rights organizations are increasing pressure on the government to act.
The Social Democrats, currently leading the Danish government, have stated they are aware of the issue and want to encourage alternatives to physical detention, such as house arrest with electronic ankle monitors. They are also exploring ways to accelerate court proceedings, so that suspects don’t remain in limbo for extended periods.
Balancing Justice and Resources
According to legal experts, prolonged pretrial detention is not just a legal concern but also a symptom of deeper systemic challenges, such as lack of investigative resources and overburdened courts. When police departments lack the manpower to carry out timely investigations, detainees end up waiting even longer before going to trial.
Channeling more resources into law enforcement and the judicial system may relieve some of the bottlenecks currently leading to excessive detention times. In turn, this could improve conditions for detainees and uphold the principle that people are innocent until proven guilty.
As Denmark reckons with these challenges, there is growing consensus among legal experts, human rights advocates, and some politicians that urgent reforms are needed to protect civil liberties and ensure timely justice.
