Today Danish lawyer Christian Harlang filed a further two cases in which Danish troops are accused of complicity in torture during the ill-fated invasion and occupation of Iraq by western forces. The torture was documented by members of the IRCT’s Independent Forensic Expert Group.
While further details of the case – involving Iraqis who were tortured after being handed to Iraqi authorities by Danish troops – are in the news release from the IRCT, among its most disturbing aspects are the reasons for its delay.
Denmark has a huge responsibility as a result of these allegations. Indeed, as per its international legal obligations via instruments like the UN Convention against Torture and the European Convention on Human Rights, any allegations of torture must be taken very seriously and thoroughly investigated. Moreover, access to justice and reparation must be provided for the victims.
However, it seems that two arguments: that the case is too old, and, that the torture victims must pay costs of over €5,000 without access to legal aid, are acting as stumbling blocks.
Arguments are being made that such claims for damages cases must be brought within three years, as per Danish law. However, even within this Danish law there are exemptions to this rule that can be granted due to exceptional circumstances. And these surely are exceptional circumstances. Often it takes years for torture survivors to come to terms with what happened to them before they can begin to speak about it, let alone bring a court case over it. Moreover, it is not reasonable to expect people living in a strife-ridden country thousands of kilometres away to know the intricacies of the Danish legal system.
That such delays are happening in Denmark is particularly concerning. Denmark is generally known and respected for its efforts against torture globally. That torture has not only been linked to Danish troops, but that the Danish justice system appears to be throwing obstructions in the path of justice for these actions sends out a new and different message.
Scott McAusland is Head of Communications at the IRCT