From: <a href="http://www.aftenposten.no/spesial/wikileaksdokumenter/article3965561.ece">Aftenposten</a><br>
Date: 2006-03-17
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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: Denmarkīs 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 prosecutorīs 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
prosecutorīs 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 prosecutionīs 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 groupīs spokesperson, Asmaa Abdol-Hamid,
shared the organizationīs 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 prosecutorīs 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
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