The European Court of Human Rights (ECHR) has ruled against Denmark, finding the country in violation of the right to life in a case concerning the death of a young man in Kolding Arrest over 14 years ago. The case, brought by the mother of the deceased, Nermin Kalkan, alleged that her son’s death resulted from an assault by prison officers. This marks the first time Denmark has been found in violation of Article 2 of the European Convention on Human Rights, which protects the right to life. The court has ordered the state to pay Kalkan approximately 200,000 kroner in compensation.
Despite the victory at the ECHR, Kalkan’s lawyer, Tobias Stadarfeld, expressed concern over the imbalance of resources between citizens and the state in legal proceedings. Stadarfeld highlighted significant disparities in legal fees awarded to him compared to the state’s legal advisor, Kammeradvokaten, in the initial domestic court cases. He argued that this disparity creates a significant legal security problem, disadvantaging citizens when they face the state in court.
Stadarfeld detailed instances where his requested fees were significantly reduced compared to those received by the Kammeradvokaten, despite his heavier workload as the plaintiff’s lawyer. He believes that the state’s vast resources give it an unfair advantage, making it difficult for citizens to win cases, especially those involving free legal aid, where the citizen’s lawyer’s fees are determined by the court.
The issue of unequal legal fees has been raised in other cases, particularly those involving free legal aid. Lawyers have pointed out that the Kammeradvokaten can spend unlimited hours on a case, while lawyers representing citizens with free legal aid face strict limitations and lower compensation. This disparity violates the principle of “equality of arms,” which aims to ensure fairness between parties when a citizen is challenging the state.
Paw Fruerlund, a partner at Kammeradvokaten, defended the work done on the case, stating that it involved extensive document review, legal research, and witness discussions, totaling 374 hours of work. He acknowledged Stadarfeld’s work in free legal aid cases but deferred to the judges’ association regarding the reasonableness of the fees awarded in those cases. Mette Lyster Knudsen, chairman of the Judges’ Association, has previously acknowledged that large differences in fees constitute a problem and create an imbalance in the opportunity to dedicate time to a case.
Stadarfeld worries about the implications of these inequalities for the rule of law in Denmark. He stated that he personally incurs financial losses due to the limitations of the free legal aid system and that many lawyers are unwilling to take on such cases, leaving citizens without the legal assistance they deserve.