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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
Danish Ahmed Samsam at a court in Madrid on June 12th, 2018. Photo: Luca Piergiovanni/AFP/Ritzau Scanpix

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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ESPIONAGE

Denmark drops state secrets case against ex-minister and spy boss

Danish prosecutors have abandoned a case against an ex-minister and a former intelligence chief for allegedly revealing state secrets because key evidence was classified and could not be presented in court.

Denmark drops state secrets case against ex-minister and spy boss

In May 2021, an investigation by several Danish media outlets revealed that the US National Security Agency (NSA) used Danish underwater cables to spy on officials in France, Germany, Norway and Sweden until at least 2014.

Former German chancellor Angela Merkel was among the NSA’s targets.

The revelations sparked an international scandal and the four countries demanded explanations from Washington and Copenhagen.

Claus Hjort Frederiksen, who was defence minister between 2016 and 2019, and Lars Findsen, head of the Danish Defence Intelligence Service from 2015 to 2020, had faced charges as part of ensuing probes.

In October, the country’s supreme court ruled that the case against them, which was due to be brought to trial in the coming weeks, could not be held entirely behind closed doors.

Prosecutors argued that a public trial risked exposing state secrets.

On Wednesday, the prosecutor’s office said that it had “called off the proceedings against Lars Findsen and Claus Hjort Frederiksen” because the Danish military intelligence service “no longer considers it prudent to make available to the courts the highly classified information on which the case is based”.

Without these elements the case against the defendants becomes null and void, it said.

“That essential evidence cannot be disclosed is a problem, but given the circumstances it cannot be otherwise,” Prosecutor General Jan Reckendorff was quoted as saying in the statement.

He warned that “if the law cannot be enforced, this ultimately means that we in Denmark could find ourselves without recourse to criminal defence against violations of the country’s most confidential information”.

Former intelligence chief Findsen was accused of having revealed state secrets and other confidential information to six people, including two journalists, during a period of 16-17 months following his suspension from duty in 2020.

In a book that he published on the affair, Findsen said that the case was politically motivated with the aim of removing him from his post.

Former defence minister Hjort Frederiksen was charged with leaking state secrets, accusations that he denied.

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