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CRIME

OPINION: Why reaction to Støjberg verdict is important for democracy in Denmark

Former immigration minister Inger Støjberg was on Monday sentenced to 60 days in prison after a special impeachment court found her guilty of deliberately issuing an illegal order while in office.

Inger Støjberg speaks to Danish media after being sentenced to 60 days in prison by a special impeachment court on December 13th.
Inger Støjberg speaks to Danish media after being sentenced to 60 days in prison by a special impeachment court on December 13th. Photo: Mads Claus Rasmussen/Ritzau Scanpix

The rare trial, only the third of its kind since 1910, took place because a majority in parliament – including most of Støjberg’s own party, the Liberals (Venstre) – voted in favour of it earlier this year after an independent commission concluded there were grounds for an impeachment case.

Støjberg left the Liberals after that vote but was still part of the party she represented as a minister at the time it voted for the impeachment court.

After over 30 court meetings throughout the autumn, an overwhelming majority of 25 out of 26 judges decided on Monday that the ex-minister was “guilty of a deliberate violation of the Ministerial Responsibility Act,” the Court of Impeachment of the Realm said in a statement.

A majority of 15 of the judges were in favour of an unconditional prison sentence, which was set at 60 days. Of the 26 judges, 13 of which were selected by parliament with the other 13 coming from the Danish supreme court, Højesteret.

The verdict means the ex-minister was guilty of violating the European Convention on Human Rights when she ordered the separation of asylum seeker couples in 2016 where the woman was under 18 — though the age differences were mostly small — without examining the cases individually.

Her decision was found to be “unlawful” because the arrangement was made without exceptions and the immigration service did not consider individual cases.

Throughout the time of the official commission and the trial itself, Støjberg has repeatedly tried to pivot the focus of discussion around it to a question of whether or not arranged child marriages should be allowed in Denmark.

This is what she was trying to prevent with the 2016 order, went her argument, and therefore anyone seeking to punish her for issuing that order does not oppose arranged child marriages and, by extension, “Danish values”.

READ ALSO: Controversial email changes nothing: Danish immigration minister Støjberg (2019)

There are two very obvious flaws to this deflection: First, Støjberg was on trial for issuing an illegal directive which broke the ministerial law, not for opposing child marriage.

Second, she could have issued a legal order which would have had the effect she claimed to desire: individual case assessment could have resulted in separation of couples which were formed as a result of duress on an underage bride. Other, legitimate couples – with children and age differences of as little as two years – would have been unaffected.

Reports on the affected couples in Danish media, particularly newspaper Politiken, have shed light on how some of the women affected by the order had in fact fled with similarly-aged partners from forced marriages in their home countries. A woman separated from her partner by Støjberg’s illegal order attempted suicide around 14 days after the separation. The couple had a seven-month-old infant at the time.

It’s worth noting that pre-existing laws already provided some protection against forced marriages. A 2017 report by Dagbladet Information suggested that either one or zero women had been able to escape a forced marriage as a result of the controversial order. 23 couples in total were forcibly separated by the directive.

Critics of the former minister have argued that, in contrary to her own claims, she was never motivated by a desire to protect young refugee girls and women but rather sought to push through yet another harsh rule aimed at immigrants or refugees. That is something she has a track record for; humanitarian concern for young Muslim women is not.

It’s clear that Støjberg elicits both strong opposition and strong support amongst the Danish public. For every person who showed up outside the court at Eigtveds Pakhus in Copenhagen on Monday to support her (some supporters brought a large banner which simply read “F*CK ISLAM”), there must have been dozens of tweets gloating about the verdict, with no lack of references to cakes or spending time looking at fences.

Nevertheless, the court’s decision was very close to being unanimous. All parties, including the Liberals, fell in behind it with one exception: the struggling Danish People’s Party which has in recent weeks been desperately courting Støjberg to become its new leader.

This aside, we have not seen the bipartisanship or the closing of ranks which you might have expected had this story played out in other countries.

Former high-profile government colleagues of Støjberg, including previous Prime Minister Lars Løkke Rasmussen, have spoken in acceptance of the court’s judgement. So have the governing Social Democrats, who themselves rely upon a hostile stance towards immigration and refugees as part of their political platform. The Liberal party said it had “taken into account” the sentence given to its ex-minister.

By convention, politicians with criminal convictions are excluded from being members of parliament but there is no exact precedence in Støjberg’s case because she was found guilty by a special impeachment court, rather than in a regular criminal trial.

The centre-left Social Liberal (Radikale Venstre) party said on Tuesday it supports firing Støjberg as a lawmaker, as did a party on the right in the form of the libertarian Liberal Alliance.

READ ALSO: OPINION: Why do the names of Danish political parties have to be so confusing?

The Social Democrats, the Conservatives, and the Liberals are yet to state their position, pending meetings between their parliamentary representatives. An outcome is expected by next week.

Should a majority decide Støjberg’s conviction makes her unworthy of sitting in parliament, she will be fired from her elected position as lawmaker. It should be noted that this does not exclude her forever: she could run for election in 2023 and be voted back in.

It feels relevant to point out here that a majority in parliament earlier this year voted through new laws which permanently prevent anyone from becoming a Danish citizen if they have past conditional or unconditional sentences, much less served a jail term for breaking the law as a minister. But that is not the point of this article.

The correct and seemingly only logical decision for parliament is now to fire Støjberg. Almost all parties on both sides of the political fence have accepted the outcome of the trial, eschewing the possible political gain from following a populist line, which would have been to criticise the court or in some other way seek to undermine the verdict and cast Støjberg as an innocent victim.

By not doing this, they have exposed the one party, the Danish People’s Party, and Støjberg herself, who chose to espouse a narrative which does not reflect the substance of the impeachment trial. The lesson here is that if you want to talk up Danish values, that must include Danish rule of law.

This is a good sign for the separation of powers in Danish democracy because one politician – a very charismatic, influential, popular one at that – was not bigger than the system, unable to spin her way out of trouble by pushing a misleading narrative.

Member comments

  1. Didn`t realise The Local was so left wing when I arranged my subscription. I like my news to be presented in a neutral way and like to come to my own conclusions.

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SOCIAL DEMOCRATS

EXPLAINED: How immigration speech has split Denmark’s Social Democrats

A speech about immigration and integration, given by a member of Denmark’s ruling Social Democrats in parliament, has caused an uproar among local party representatives but the party leadership, including Prime Minister Mette Frederiksen, is sticking to its guns.

EXPLAINED: How immigration speech has split Denmark’s Social Democrats

Internal dispute within Denmark’s Social Democrats has gained pace and drawn comments from Prime Minister Mette Frederiksen, after one of the party’s MPs recently made a divisive speech in parliament.

Frederik Vad, who is the immigration spokesperson with the party, the senior partner in the coalition government, said earlier this month during a speech in parliament that Denmark’s immigration debate had to make an “admission”.

“That is an admission that work, education, a house, participation in associations and a clean criminal record are not enough on their own if you are also using your position to undermine Danish society from within,” Vad said.

“A parallel society is no longer a housing area in [underprivileged area] Ishøj. A could alos be a table at the canteen in a state agency or a pharmacy in [affluent] North Zealand,” he said, using the term used to refer to areas of the country subject to special integration laws.

To qualify as ‘parallel societies’, housing areas must have a population of more than 1,000 people, of which more than half are of “non-Western” origin, and must fulfil two of four criteria. For areas with fewer than 50 percent ‘non-Western’ populations, another term – ‘vulnerable area’ – is used instead.

The comments have received criticism from local Social Democratic politicians, initially more junior politicians such as town councillors and later gaining momentum with some city mayors speaking out against Vad, as reported by broadcaster DR.

“Frederik Vad is stigmatising a large part of the population that consists of well-educated, well-integrated and active citizens who contribute to Denmark every single day,” Musa Kekec, a Social Democratic member of the municipal council in Ballerup, told DR.

“We do not appreciate it. It is creating a new myth that integration has failed and that it’s no longer good enough to get an education, speak Danish, contribute to society and have a job – more is required,” he said.

Kekec is one of 18 elected local Social Democratic officials to have sent a letter to the party leadership earlier this week, objecting to Vad’s position.

“It’s important for us to show that we disagree with the rhetoric and suspicion being spread on the part of Frederik Vad,” Kekec said.

The internal conflict over the issue between parliamentary and local Social Democratic politicians is unusual in a party known for a culture in which all members loyally stick to the course set out by party leadership.

Merete Amdisen, the mayor of Ishøj – the municipality singled out by Vad in his comments – was the first mayor to publicly reject them, but several others have since added their voices to the dissent.

“I think you should think very carefully when you speak about people who go to work every single day, look after their children, integrate themselves in society and take part in our associations, in fact do everything we want them to, and who we also happen to need on our labour market,” Gladsaxe mayor Trine Græse told DR.

“I was actually offended – not personally, because I’m not in the target group. But when I heard what he said, I thought ‘that’s not a nice thing for him to say’,” she said.

“Christiansborg politicians should use their powerful voices with consideration and respect for others. Generalisations and pointing the finger at citizens with a different ethnic background as potentially dangerous are the wrong way to go,” the mayor of Furesø, Ole Bondo Christensen said.

In comments earlier this week, Prime Minister Mette Frederiksen said there was “full support” for Vad from the party leadership.

“There is an ongoing immigration debate within the Social Democrats and in Denmark, but the Social Democrats stand firm on the immigration policy that is currently being pursued in Denmark,” the PM told DR.

“I do not see any stigmatising comments from Frederik. I think he does a good job of pointing out that — of course — you cannot speak generally about everyone. On the contrary, many [immigrants] are doing very well. But those who, for example, commit crime, violence, or are members of [Islamist organisation] Hizb ut-Tahrir, are against our democracy. That is a lack of integration and we must then be able to discuss it,” she said.

Vad has not presented any data to support the claim that people of non-Western immigrant backgrounds with high levels of education and employment are involved in activities of the kind described by Frederiksen.

The junior Social Democratic MP defended his comments by saying they were not a deviation from the existing party line.

“That line is that we have a few problems in some pockets of our society with some people who are educated, have a job and a clean criminal record, yet bring some values ​​with them to work which are problematic,” he said to DR.

“It makes me sad if there are people in the party who think I said something wrong. Personally, I don’t think I have. I made a nuanced statement,” he said.

“People who make an effort, work their socks off, and integrate [into society] with their children should receive nothing but respect and equality,” he said.

“But the people who insist on bringing a culture of honour to work, or who don’t think you need to subscribe to women’s freedom and equality to be part of this society, should see nothing but a hammer falling,” he said.

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