The Danish High Court in Copenhagen has rejected all use of material from Colombia’s legal system. This pivotal decision was made in the so called "T-shirt Trial" where the clothing company Fighters+Lovers is being prosecuted for sponsoring terrorism because of their support for FARC and PFLP.
High Court has concluded that torture and violence is an integrated part of the Colombian legal system. Therefore no legal documents can be presented as evidence in court without violating Danish law and the UN Convention against Torture.
"The Danish High Court recognizes that the Colombian state systematically tortures and murders its political opponents. The consequence must be that also international court trials have to dismiss material from the Colombian legal system because of the evident risk of torture and other human rights violations", says Thorkild Hoyer defence lawyer for Fighters+Lovers.
A thorough examination of the Danish prosecution’s material in the court case against Fighters+Lovers has revealed that the presented material from Colombia, are based on confessions brought about through torture: Rape, electrical torture, strangling and extreme violence. This has been revealed by comparing the prosecution’s material to reports from several human rights organisations, including the internationally recognized NGO International Commission of Jurists (ICJ) in Colombia.
The prosecution’s first reaction was to withdraw their key witness, Colombian judge and Professor Montealegre Lynett as a representative of the Colombian legal system. This morning however the prosecution chose to present Mr. Lynett anyhow and was allowed to do so by High Court with the remarks that he could not refer to any concrete documents from Colombia. Mr. Lynett will have a hard time explaining his role in a legal system that High Court considers marked by torture and violence.
Time and place for the court case
The case started at the High Court today, September 3, 2008 and continues over the next week, starting at 9.30 AM. The passing of sentence is planned to take place on September 11. The court hearings are open for the public and take place in Østre Landsret 3. afdeling, Bredgade 59, Copenhagen.