Naked search in connection with detention

Case no. BS-46114/2024-HJR
Judgment delivered on 22 May 2025

A
vs.
The Copenhagen Police,
Intervener for A: DIGNITY – Danish Institute Against Torture

In May 2021, A was arrested at Islands Brygge at around 7:30 pm for refusing to provide his correct name, address and date of birth when asked by the police. A was taken to Station City, where he was identified by his driving licence. The police then changed the arrest to administrative detention, as they believed that A was unable to take care of himself. He was placed in the detention centre at 7:55 pm, and at 9:05 he was released.

A was searched when he was placed in the detention centre.  

The case concerned whether the administrative detention and search of A were lawful, including whether the search violated his rights under article 3 of the European Convention on Human Rights on the prohibition of, among other things, degrading treatment. 

The Supreme Court stated that the deprivation of A’s liberty under the Danish Police Act and the provisional detention of him at the centre were lawful, but that he should not have been detained after 8:10 pm. 

Regarding the search, the Supreme Court stated that, according to section 10(1) and (2) of the Danish Detention Order, the detainee must be searched before being placed in detention, where the detainee’s pockets must be emptied and searched, if possible. This search is carried out without the detainee undressing.  

Several police officers used force to hold A down while they stripped him of all his clothes and searched him. 

The Supreme Court stated that the police had not provided adequate reasons for why it was necessary to search A naked. 

Based on an overall assessment of the course of events, the Supreme Court stated that the naked search was not lawful and was in violation of article 3 of the ECHR. 

The High Court had reached a different conclusion regarding the search.