(C) ROJ-TV: DANES HOPEFUL ABOUT NEW TURKISH

C O N F I D E N T I A L COPENHAGEN 000446

SIPDIS

STATE FOR S/CT, EUR/SE, EUR/NB

E.O. 12958: DECL: 10/09/2019
TAGS: PREL PTER DA TU
SUBJECT: (C) ROJ-TV: DANES HOPEFUL ABOUT NEW TURKISH
EVIDENCE

Classified By: (U) Ambassador Laurie S. Fulton; reason 1.4 (b, d)


1. (C) SUMMARY: Denmark does not rule out that the latest
evidence provided by Turkey will be of the type needed to
prove Roj-TV's ties to the terrorist PKK in a Danish court,
national security advisor Ahrenkiel told the Ambassador
October 9. Prosecutors are studying the file and are
expected to reach a conclusion this autumn. The Danish
Government cannot intervene in the judicial process but has
emphasized to the prosecutors the importance of the case.
Ahrenkiel noted that anti-terrorism cooperation between
Turkey and Denmark has increased; he credited USG good
offices with helping the Turkish Government to realize that
Denmark wants to support it, and to understand Denmark's
domestic legal requirements. END SUMMARY.


2. (C) The Ambassador met October 9 with the Prime
Minister's national security advisor, Thomas Ahrenkiel, to
discuss matters that are important to the bilateral
relationship but were left off the agenda for the President's
October 2 meeting with the Prime Minister. Top of the list
was the case of Roj-TV. Ahrenkiel said this matter had been
looked into by Danish police and prosecutors for a number of
years, and the evidence had always been deemed insufficient
for prosecution in a Danish court. Until recently, the
evidence provided by Turkey had focused on program content;
under Danish law, the prosecution would have to meet the
difficult standard of proving direct incitement to terror.
Denmark is also pursuing a second track, looking into
financial ties to the PKK. A Danish prosecutor last visited
Ankara in March; contrary to speculation at the time, the
visit was about Roj-TV and not about then-PM Anders Fogh
Rasmussen's candidacy for NATO Secretary General. Thanks to
the good offices of S/CT, Turkey now:

- realizes the Danish Government is treating the matter with
utmost seriousness and wants to support it,

- has a better understanding of what Denmark needs for a
successful prosecution, and

- grasps that a loss in court would be "a big problem."


3. (C) Stressing that the Government cannot intervene in
the independence of the prosecutorial function, Ahrenkiel
emphasized that it has impressed upon prosecutors the
importance of the case. He said the prosecutors are
encouraged by the latest evidence Turkey has provided and
hope to conclude their investigation this autumn. (He noted
the possibility that the investigation could continue past
autumn.) He acknowledged that a decision not to prosecute
would create "a big crisis" between Turkey and Denmark. At
the Ambassador's behest, Ahrenkiel promised to let her know
immediately if the prosecutors decided to close the case.


4. (C) Ahrenkiel noted that Denmark has increased its
anti-terrorism cooperation with Turkey, e.g. confiscating
substantial sums of money from Kurdish couriers. Within the
EU, Denmark has been very active in support of listing the
PKK as a terrorist organization and "was one of the first to
act." The Danish Embassy in Ankara includes a police liaison
officer, who has good contacts with his hosts.


5. (C) By way of background, Ahrenkiel recalled that when
PM Erdogan visited Copenhagen in 2006, he discovered that a
Roj-TV reporter accredited through NATO was to be present for
his joint press conference with PM Anders Fogh Rasmussen.
When his demand that the reporter be barred was not met
(because the reporter had been credentialed by NATO),he left
in a huff, and the two leaders did not speak again until 2008
when they met in Paris. After that, Ahrenkiel visited Ankara
and persuaded his interlocutor (now the Foreign Minister) of
Denmark's sincere desire to help. While Ahrenkiel credits
the U.S. assistance in improving Danish-Turkish communication
since March 2009, he made clear that the two countries are
working together in an improved manner now.
FULTON