In the case of Abdulaal Naser and Others v. Denmark, the Court held that the applicants’ complaints concerning the prohibition of torture or inhuman or degrading treatment were inadmissible because the applicants had not been within Denmark’s jurisdiction. The Court also found that there had been no violation of the right to a fair trial.

The case concerned a military search and arrest operation in 2004 in Iraq. Danish Military forces had participated in the operation at the request of the Iraqi authorities. Investigations in Denmark into subsequent allegations of ill-treatment by Danish soldiers in connection with that operation were discontinued on the basis that no criminal offence had been committed. Civil proceedings for compensation instituted by the applicants, 21 Iraqi nationals, were ultimately unsuccessful, the Supreme Court finding that Denmark had no jurisdiction in respect of their complaints.

• Press release