On 29 January, the High Court of Eastern Denmark will begin its hearing of a case in which a group of Danish citizens assert that Denmark’s participation in the invasion of Iraq was in breach of the Danish constitution.
The article below is based on a press release issued by the Danish Constitution Committee, Grundlovskomiteen af 2003, which is bringing the case against the Danish Prime Minister.
The article below is based on a press release issued by the Danish Constitution Committee, Grundlovskomiteen af 2003, which is bringing the case against the Danish Prime Minister.
The 26 plaintiffs include the Kirkmand couple, whose son, First Lieutenant Bjarke Kirkmand, was killed by a road-side bomb in Iraq in October 2005. The plaintiffs would like the court’s judgement that the invasion was anti-constitutional, so as to prevent further infringements of the Danish constitution in connection with fresh military attacks in contravention of the resolutions of the United Nations.
The Kammeradvokat, i.e. the lawyer representing the Danish state and Prime Minister, has argued that in his view the plaintiffs do not have ‘legal interest’ on which to base a prosecution. According to the Kammeradvokat, the fact that Denmark is at war in Iraq is not the business of the Danish people. Nor does it concern the Kirkmand couple that they have lost their 21-year-old son in an anti-constitutional Danish participation in the war in Iraq.
The High Court of Eastern Denmark has set aside 12 days in January and February, where the 26 plaintiffs in the case will testify.
In addition to these primary plaintiffs, the case has an additional 3,400 support plaintiffs (supplementary interveners), many of whom will turn up for the historic case. Those who wish to be sure of a seat should turn up punctually at court E of the Eastern High Court, Bredgade 42, in Copenhagen on Monday 29 January. The court will commence sitting at 9.30 am.
On Tuesday 23 January, a conference will be held in the Danish parliament building, Christiansborg, where the legal problems concerning Denmark’s participation in the war will be discussed by the former justice minister and professor in constitutional law, Ole Espersen, and by the two lawyers in the constitutional case, Bjørn Elmquist and Christian Harlang.
In addition, the eminent British barrister, Philip Sapsford, will talk about a related case in the United Kingdom.
See the Danish Constitution Committee’s website (in Danish) here: www.gk2003.dk .
Further information:
Committee secretariat, tel. +45-76 77 20 03
Christian Harlang, mobile: +45-40 78 43 54
Bjørn Elmquist, mobile: +45-51 20 07 76
Danish Constitution Committee,
Grundlovskomiteen af 2003 vedr. Irakkrigen,
Nybrogade 8, stuen,
1203 København K,
Denmark.
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