Public prosecutor v. XX1 and XX2 , S-3006-14 and S-616-15, 15 June 2016

• 2016
• Denmark

Topics

Terrorism financing

Legal bases

European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930

Courts

Eastern High Court (Østre Landsret), Denmark

Laws

Right to a fair trial

Relevant links

• http://www.domstol.dk/oestrelandsret/nyheder/domsresumeer/Pages/Totiltalteid%C3%B8mtf%C3%A6ngselfor%C3%B8konomiskst%C3%B8ttetilterrororganisationenPKK
• menikkeudvist.aspx
• http://www.domstol.dk/oestrelandsret/nyheder/domsresumeer/Documents/S-130-12.pdf

Facts

Two individuals were found guilty of having supported the terror organisation PKK via economic support for ROJ TV.

Legal grounds

Article 6.1 of the ECHR; Criminal Law.

Findings

For Mr. XX1, who was found guilty of channeling 29 mill. DKR to ROJ TV, was sentenced to five years imprisonment. However, as the crimes were committed in 2006 and 2007, while his house was not searched until June 2008, and charges were not brought against him until June 2013, the jury found that the drawn-out process is in conflict with Article 6.1 of the ECHR. Adding to this that it was not necessarily clear whether PKK was considered a terrorism organization at the time of the crime, the jury vote to suspend the sentence.