Dead soldier’s father enters legal proceedings against Danish prime minister

international | anti-war / imperialism | news report

Sunday October 16, 2005 20:55

by Dr. Coilín Oscar ÓhAiseadha

Máigh Nuad, Co. Cill Dara

Kirkmand's involvement establishes "legal interest" for constitutional case

The father of a Danish soldier recently killed in Iraq has joined a well-organised legal campaign to prosecute Prime Minister Anders Fogh Rasmussen for leading Denmark to participate in the invasion of March 2003.

This development is of vital significance to the campaign, because the father of the dead soldier has an incontrovertible ‘legal interest’ in Denmark’s participation in the invasion. After all, he has lost his son as a consequence. Some legal experts had previously predicted that the constitutional case instituted on Tuesday would be dismissed for lack of such legal interest.

Johan Kirkmand’s keen collaboration does not just strengthen the constitutional case, but also opens various other options by which lawyers may prosecute members of the Danish government. For example, the lawyers may find it much easier to sue for damages under tort law than to prove their constitutional case.

This development will inevitably also provide endless material for the already strong Danish peace movement to promote awareness and build loyalty among the media, politicians and general populace.

Thanks to Billy O’Shea www.oshea.dk for the English translation below.

DEAD SOLDIER'S FATHER IN WAR ON FOGH
By Bo Elkjær, 15 October 2005

A dramatic twist. That is how one must describe Friday’s development concerning the legal proceedings against Prime Minister Anders Fogh Rasmussen for breaching the Danish Constitution by declaring war on Iraq.

The dramatic twist is that the father of the Danish soldier recently killed in Iraq has now placed himself at the disposal of the committee responsible for taking the case against Mr Fogh.

"I have spoken with a member of the committee – I called them myself – and told them that if I can help in any way, I am available,” said the dead soldier’s father, Johan Kirkmand, to Ekstra Bladet.

The case against Anders Fogh Rasmussen (Liberal) was brought before the High Court last week by a group of Danes.

Legal interest
Initially, several lawyers assessed that the High Court would dismiss the case out of hand, as the plaintiffs lacked ‘legal interest’ in the war in Iraq.

That legal interest is something that Johan Kirkmand can very much bring to the case. Johan Kirkmand's son, First Lieutenant Bjarke Olsen Kirkmand, was recently killed by a roadside bomb while on patrol in Iraq.

The group behind the legal proceedings believes that Prime Minister Rasmussen breached section 19, subsection 2 of the Danish Constitution by declaring war on Iraq.

Narrow vote
A narrow parliamentary majority consisting of the Liberals, Conservatives and Danish People's Party approved the declaration of war on 21 March 2003 in order to disarm Iraq of weapons of mass destruction.

In the parliamentary vote, 61 members of parliament voted to go to war, 50 voted against the motion, and 68 abstained.

The Constitution Committee has worked to prepare legal proceedings ever since the declaration of war. The plaintiffs include general plan director Kai Lemberg, journalist Georg Metz, former MP Asger Baunsbæk-Jensen, and a former human shield in Iraq, Peter Kofod.

The plaintiffs are represented by Bjørn Elmquist and Christian Harlang.

Prime Minister Rasmussen has declined to discuss the war in Iraq or the basis for the declaration of war with Ekstra Bladet.

skipper@eb.dk

Bo Elkjær was a joint winner of Denmark’s most coveted journalism award, the Cavling Prize, in 2004. He shared the award with Charlotte Aagaard and Jørgen Steen Nielsen for their extraordinarily detailed documentation of the fictitious foundation on which Denmark was induced to invade Iraq.

*****

See also the Danish Constitution Committee's press release, which provides contact details for interviews with the plaintiffs and/or lawyers:

PRESS RELEASE
10 October 2005
Danish Prime Minister sued for breach of Constitution re war in Iraq

http://www.indymedia.ie/newswire.php?story_id=72405&comment_order=asc&save_prefs=true

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Dead soldier’s father enters legal proceedings against Danish prime minister