Prosecution v. XX, S-3475-14, 1 July 2015
- 2015
- Denmark
Topics
Terrorism propagandaLegal bases
European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930Courts
Eastern High Court (Østre Landsret), DenmarkLaws
Freedom of Expression Torture, degrading and inhuman and treatment Right to respect for private and family lifeFacts
Mr. XX was found guilty of promoting terrorism in a series of Facebook posts, and via email encouraging individuals to travel to Syria or Iraq to fight with Jabhat al-Nusra, to have promoted Al-Qaida activities. Mr. XX was also found guilty of encouraging the killing of named Danish individuals, attacks against the Egyptian parliament, as well as propaganda and threats and mockery of Jews.
Legal grounds
ECHR; Criminal Law.
Findings
In treating the case, it was considered but not found plausible that Mr. XX’ s activities were protected by Articles 10 and 17 of the ECHR on Freedom of Expression. It was also found that questions relating to Articles 3 and 8 of the ECHR on whether Mr. XX risked torture if extradited to Morocco, was not to be decided by the courts but by the appropriate departments of government.