Denmark cleared of torture claims brought by Iraqis  

COPENHAGEN, Denmark (CN) – Denmark is not liable for inhumane acts against 23 Iraqis captured by the Danish army and later transferred to an Iraqi police station in Basra where they were tortured in 2004, Denmark’s Supreme Court ruled on Tuesday.

The high court concluded that Danish forces did not join or have any knowledge of inhumane treatment of captured Iraqis during their transportation or imprisonment in Iraq, and therefore cannot be blamed for events happening after the military operation that led to their capture.

The court also said that the operation was led by Iraqi forces and the Danish military followed the mandate it was given to execute its role in the mission.

Danish troops did not know about the Iraqi police station and did not have any knowledge about the prisoners' transfer to that station, the high court held, and they did not have any reason to believe that the Iraqis would be subjected to any violence.

The ruling is important for the participation of Danish forces in future international operations. It indicates the boundaries of how Denmark can be held accountable for its involvement in similar situations in conflict zones.

The Danish Ministry of Defense told Danish broadcaster TV2 that it "takes note of the ruling and has no further comments."

In November 2004, 350 Danish soldiers took part in Operation Green Desert led by Iraqi forces. The mission was to capture suspected rebels in Az Zubayr village in southern Iraq.

The captured were subjected to beatings by local Iraqi authorities. Some received electric shocks, the victims claimed.

Twenty-three Iraqis first sued Denmark’s Ministry of Defense in 2011, claiming that Denmark should be held accountable for its role in handing them over to Iraqi authorities.

In 2012, Danish newspaper Ekstra Bladet published a video showing Danish forces passively observing Iraqi soldiers kicking civilians that became part of the evidence supporting some of the Iraqis' claims concerning violence against civilians. Former Danish soldier and whistleblower Anders Kærgaard confirmed the military's passiveness in relation to the incident shown in the video he leaked to the newspaper

The Court of Appeal of Eastern Denmark ruled in 2018 that the Danish Ministry of Defense must pay 18 of the 23 Iraqis for Denmark’s role in their captivity.

The court found that, by joining Operation Green Desert and knowing the risks of inhumane treatment inflicted on prisoners by local forces, Danish soldiers shared responsibility for what the 18 Iraqis went through.

The Ministry of Defense appealed to Denmark's Supreme Court. Last year, the agency said it had spent over $4 million on the case.

Tuesday's ruling in favor of the Danish government overturns the appellate court's decision.

Amnesty International Denmark slammed the reversal.

“It has happened through denials, rejections on video material, and fines to Anders Kærgaard, who leaked the video footage, and claims that the entire case was obsolete. The Iraqis deserve resurrection,” Martin Lemberg-Pedersen, the group's chief of politics and society, said in a press release.

Lawyer Janus Fürst represented the Iraqi detainees in their case against Denmark. Another member of their legal team, Christian Harlang. said before Tuesday's ruling that the case would be taken to the European Court of Human Rights should the Danish high court ruled for the government.

The Denmark Supreme Court seemed to undercut that avenue of recourse in its ruling.

"There has not been a violation of the European Convention on Human Rights Article 3...because the Danish authorities did not under any period [have] jurisdiction over the Iraqi parties," it said.

Follow @LasseSrensen13

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