DENMARK ISSUES REPORT ON CIA OVERFLIGHTS

C O N F I D E N T I A L COPENHAGEN 000569

SIPDIS

E.O. 12958: DECL: 10/24/2018
TAGS: PINR PREL PTER MARR DA
SUBJECT: DENMARK ISSUES REPORT ON CIA OVERFLIGHTS

REF: COPENHAGEN 332

Classified By: Charge d'Affaires Terence McCulley, reasons 1.4b,d


1. (C) Summary: Danish Foreign Minister Per Stig Moller
October 23 briefed parliament on his government's
investigation of alleged U.S. rendition flights through
Danish airspace, emphasizing that no evidence had been found
to prove those allegations or to suggest that Danish
authorities had been aware of such operations. In a
subsequent press conference, Moller expressed disappointment
that the U.S. declined to confirm or deny the allegations,
but reported that his exchanges with Secretary Rice had
yielded a written American pledge to seek permission from
Denmark for any future such flights. Danish officials
privately credit the Secretary's letter with moderating
opposition and media reaction, which has, in fact, been
relatively mild so far. End summary.


2. (C) Joined by the Danish justice and transportation
ministers, FM Moller briefed party leaders and the
parliamentary foreign policy committee October 23 on the
findings of the inter-ministerial working group, formed in
response to a January 2008 television documentary alleging
CIA rendition flights through Danish and Greenlandic
airspace. The hefty, five-volume report reviews the legal
framework, specific allegations, knowledge and actions by
Danish authorities, and the U.S. response, concluding that
the Danish government cannot confirm or rule out that such
renditions have been carried out. There is no evidence, the
report states, that Danish authorities had knowledge of
alleged extrajudicial CIA activities in Danish airspace. The
working group's report recommends that the government inform
the United States that aircraft operated by foreign
intelligence services are considered state aircraft requiring
explicit, prior Danish consent to enter its airspace.


3. (C) In his public remarks, FM Moller characterized the
initial U.S. response as "unacceptable," signaling his
government's disappointment with our refusal to comment on
allegations of past renditions, but indicated that he is
satisfied with Secretary Rice's promise on future flights.
Moller noted that Britain is the only other country to
receive such a guarantee on future flights.


4. (C) Danish opposition leaders criticized the U.S. for not
responding directly to the allegations and blamed the Danish
government for not pursuing the issue more vigorously in the
past, but most acknowledged that the allegations cannot be
proven. "There's no smoking gun," allowed the far-left
Unity List's Frank Aaen, who nevertheless called for an
independent investigation -- a proposition quickly rejected
by the government parties and the leading center-left
opposition party. The Greenland Home Rule government, for
its part, responded much as Moller had done and indicated
that it considered the matter effectively closed. Danish
media have highlighted unhappiness with the U.S. for its
"incomplete" response, but the issue failed to make the front
pages of even the left-leaning dailies.


5. (C) Danish MFA Legal Advisor Thomas Winkler, principal
drafter of the report and who accompanied Moller for his
parliamentary briefings, told us afterwards that the
government was relieved by the generally "civilized"
discussion among parliamentarians and the mild reaction from
the press. The Danish government does not relish being
placed in such a position by its ally, Winkler noted, but
made clear that Moller and others recognize our challenges
and appreciate the assurances the Secretary was able to
provide. Winkler said it was clear that the Secretary's
letter had made a "a great difference" in managing opposition
and public opinion on the issue, echoing a view voiced
earlier to us by a senior member of the prime minister's
staff.


6. (C) Winkler indicated that the Danish government will soon
send a formal reply to our diplomatic note along the lines of
Moller's presentation, but suggested that this communication
will be for the record, in keeping with the working group's
recommendations. Although he could not exclude entirely the
possibility that the issue might re-emerge (one leading
opposition member asked Moller whether the government would
revisit the issue with the new U.S. administration; Moller
declined to answer directly),Winkler evinced cautious
optimism that the renditions controversy is behind us for
now.
MCCULLEY