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Danish court to decide on undercover agent claims

A Dane who claims he was jailed due to work spying on IS group jihadists wraps up his court case Friday aimed at forcing Danish authorities to confirm his story -- or not.

Danish court to decide on undercover agent claims
Danish national Ahmed Samsam gestures in a court in Madrid in June 2018. Photo: Luca Piergiovanni/AFP/Ritzau Scanpix

A ruling in favour of Ahmed Samsam could help the 34-year-old fight a conviction in Spain over his alleged Islamic State ties, but a win in Denmark is far from assured.

Samsam has sued Denmark’s intelligence secret service PET and military intelligence service FE to force them to admit that he was spying on foreign jihadist fighters for them in Syria in 2013 and 2014.

But even if his claims are true, the security services are under no obligation to confirm them.

The verdict is due in about a month.

Five years ago, the Danish national of Syrian origin was unable to prove his claim in a Spanish court, which convicted him over his IS ties and sent him to prison for eight years.

Samsam reiterated his claim during a trial that opened in Denmark in August, calling witnesses and citing investigative newspaper reports that backed up his claims after digging into the affair.

The intelligence services have insisted they cannot confirm the identities of their informants.

“To do so would harm their ability to speak to sources, to protect them and prevent terrorism,” their defence lawyer Peter Biering told the court when proceedings began last month.

“It’s a question of national security.”

Samsam, who has a long criminal record, travelled to Syria in 2012 of his own accord to fight the regime of Bashar al-Assad.

Danish authorities investigated him after his return but did not press charges.

He claims he was then sent to the war zone on several occasions, with money and equipment provided by PET and later FE, according to Danish media outlets DR and Berlingske citing anonymous witnesses and money transfers to Samsam.
  
In 2017, threatened by Copenhagen thugs in a settling of scores unrelated to his trips to Syria, Samsam headed to Spain.

There, he was arrested by Spanish police, who were surprised to find pictures of him on Facebook posing with the IS flag.

Samsam was sentenced the following year to eight years in prison for having joined IS, after the Danish authorities refused to come to his defence.

Since 2020 he has been serving his sentence — reduced to six years — in Denmark.

He is due to be released this autumn, according to his lawyer Erbil Kaya.

In the Danish trial, the court heard testimony from several media representatives, including the former news editor at daily newspaper Berlingske, Simon Andersen.

He testified that he had been contacted about the Samsam case on his personal email by the former head of FE, Lars Findsen — who has been indicted in an unrelated case for leaking information to the press.

Andersen told the court that Findsen suggested FE wanted to make amends by negotiating a settlement with Samsam’s lawyer at the time, Thomas Braedder.

“I perceived it as an official request coming from a person in a position of authority,” Andersen told the court.

Braedder also testified about his contacts with the intelligence services but was unable to provide the court with details for reasons of national security, he said.

Like a good spy novel, the case has enthralled the Danish public for more than six years, but embarrassed the intelligence community and politicians.

The government has been opposed to an inquiry, and in parliament, a preliminary investigative committee probe that was opened in February to shed light on Samsam’s claims was quietly dropped in June. 

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ESPIONAGE

Danish court refuses to hear undercover agent claim of man jailed for joining Isis

A Copenhagen court on Wednesday dismissed a lawsuit filed by a man jailed for joining Islamic State (Isis) who wanted Danish intelligence agencies to admit he was an undercover agent.

Danish court refuses to hear undercover agent claim of man jailed for joining Isis

Ahmed Samsam, a 34-year-old Dane of Syrian origin, has captivated the Scandinavian nation with his attempt to force the PET secret services and FE
military intelligence to acknowledge that he provided information on foreign jihadist fighters when in Syria in 2013 and 2014.

However, Denmark’s Eastern High Court said in a statement on Wednesday that his claims could not be tested in court “as he lacks a legal interest in this.”

Samsam is already serving an eight-year jail term imposed by a Spanish court for being an Isis member. His lawyers have argued that a victory in the Denmark case would help fight that conviction.

But the court said that Samsam had not been able to prove that he would be entitled to a retrial or something similar in Spain, and it refused to examine
his “allegations of cooperation, as such an examination would not affect his legal position.”

It added that the Spanish courts’ rulings could not be understood in any other way than that “proven cooperation” would not have led to a different outcome.

Danish media investigations, based on anonymous sources and evidence of bank transfers, have backed Samsam’s case.

READ ALSO: Why case of ‘spy’ sent to Syria is causing headaches for Danish government

The intelligence agencies have meanwhile insisted they cannot confirm the identities of their informants.

“It’s a question of national security,” Peter Biering, a lawyer for the PET and FE, told the court in August.

The agencies have to protect sources and “prevent terrorism,” Biering added.

Samsam was arrested by Spanish police who had found pictures of him on Facebook posing with the IS flag.

Samsam has never denied travelling to his home country during the civil war that erupted in 2011 but insisted throughout the case that he had been an informer rather than a jihadist.

Samsam left Denmark in 2012 to fight Bashar al-Assad’s government. On his return, he was investigated by Danish authorities but the case was closed.

He says he was then sent to the war zone several times with money and equipment supplied by PET and then FE.

Samsam has been serving his jail sentence, which has been commuted to six years, in Denmark since 2020.

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