MOHAMMED CARTOONS: DENMARK WILL NOT PROSECUTE THE NEWSPAPER

C O N F I D E N T I A L COPENHAGEN 000336



SIPDIS



SIPDIS



E.O. 12958: DECL: 03/15/2016

TAGS: PGOV, PREL, PHUM, PTER, DA, KDEM

SUBJECT: MOHAMMED CARTOONS: DENMARK WILL NOT PROSECUTE THE

NEWSPAPER



REF: A. COPENHAGEN 00286

B. COPENHAGEN 00207



Classified By: Sandra L. Kaiser, Deputy Chief of Mission.

Reason 1.5 (B)



1. (C) Summary: Denmark's Director of Public Prosecutions

March 15 announced that he will not bring criminal blasphemy

charges against the newspaper Jyllands-Posten for its

September 2005 publication of the now-infamous 12 satirical

cartoons depicting the "Face of Mohammed." Most Danish

commentators and political parties offered support for the

widely anticipated decision. However, the group of 27 Danish

Muslim organizations that filed the original complaint

expressed strong disappointment and announced they intend to

pursue the case in the European Court of Human Rights.

Danish officials are braced for a hostile reaction in the

Muslim nations which, they worry, will not appreciate the

concept of prosecutor with discretion to make independent

legal judgments. End Summary.



2. (U) Senior Foreign Ministry and Justice Ministry

officials briefed the resident diplomatic corps on the March

15 decision by the public prosecutor not to bring criminal

proceedings against the daily newspaper, Jyllands-Posten, in

connection with its publication of the controversial drawings

of the prophet Mohammed in September 2005. Ambassador Ulrik

Federspiel, Permanent Secretary of State for Foreign Affairs,

opened the briefing by underscoring that the prosecutor's

decision did not indicate a change in the view of the Danish

government. He said Danes would never intentionally insult

Muslims or any other religion. He also noted that Denmark

will continue to try to rebuild bridges in the Muslim world

and hopes to return to the friendly situation prior to the

cartoon controversy. Federspiel noted that on 16 March the

government would propose a number of Danish and EU

cooperative initiatives which would enhance the relationship

in the Middle East.



3. (U) Michael Lunn, Permanent Secretary of the Ministry of

Justice, followed with a technical legal explanation of the

prosecutor's decision not to bring charges under sections 140

and 266b of the Danish Criminal Code. Section 140 protects

religious feelings against mockery and scorn and Section 266b

protects groups of persons against scorn and degradation on

account of their religion. Lunn noted that the prosecutor

had reviewed the text of the accompanying article as well as

each drawing individually and found no legal basis for

proceeding with criminal charges in the case. The prosecutor

characterized the cartoons not as an expression of mockery or

scorn of the Islam but rather as a "contribution to the

current debate on terror and as an expression that religious

fanaticism has led to terrorist acts."



4. (U) Although the Minister of Justice has the right to

order further investigation under section 98 of the

Administration of Justice Act, Lunn carefully explained why

the Minister would not be invoking that right in this case.

He noted that traditionally the Justice Minister has only

used Section 98 to direct the prosecutor to begin or

reinvestigate a case when the matter was deemed to not have

received a thorough investigation or new evidence was

discovered. This rarely used provision, intended to prevent

a miscarriage of justice, has only been used twice by Danish

justice ministers in recent history.



5. (SBU) Public reaction to the prosecution's decision

varied widely in Denmark. No comments or questions were

posed by members of the diplomatic corps during the closed

briefing session. Most members of Danish political parties

came out in support of the decision and with hope the country

will find closure in the matter. The strongest reaction came

from the group of 27 Muslim organizations who brought the

original charges against Jyllands-Posten. The group's

spokesperson, Asmaa Abdol-Hamid, shared the organization's

disappointment and noted that they will now file a complaint

with the European Court of Human Rights.



6. (C) Danish officials are concerned about reactions in the

Muslim world to the public prosecutor's decision. MFA

International Law Dept Chief Thomas Winkler told Emboff March

16 that the government doubts the concept of a prosecutor

exercising his discretion to make a legal judgment

independent of political considerations will be well

understood in Islamic capitals, much less on the Muslim

street. Winkler said Danish embassies are braced for a

hostile reaction following Friday prayers March 17.

CAIN