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Two people charged with supporting Hamas; Justice Minister clarifies protest regulations

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The DR website published an article which stated:
Two people in Denmark have been charged with approving Hamas's attack on Israel on October 7, according to a statement issued by the National Police to the Ministry of Justice. The police stated that they currently have 13 cases pending under Articles 1 and 2 of the Criminal Code.

These are the provisions that make it illegal to publicly condone or encourage crimes under Chapters 12 and 13 of the Penal Code. The section on terrorism in the Penal Code is found in Chapter 13.

Of the 13 cases, two have so far resulted in charges. A week ago, the National Police announced that one person had been charged.

The national police report stated that since the attack on October 7, more than 100 demonstrations related to the conflict have been organized in Denmark. These demonstrations were primarily pro-Palestinian in nature.

One person was also charged with violating Section 266b of the Criminal Code, popularly known as the racism clause. Police are investigating a total of eight cases of racial profiling violations.

According to Justice Minister Peter Hummelgaard, the eight cases relate to hate crimes against Danish Jews, among other things.

He affirms that every individual in Denmark, of course, has the right to demonstrate and express themselves, in accordance with the constitution. But…

  • There is no doubt that discussions about the conflict in the Middle East are highly polarized, and everyone should be allowed to express their opinions on the matter. On the other hand, what you must not do, and this must be clearly emphasized, is incitement to terrorism or cheap terrorism. And by the way, you must not commit hate crimes or harass Danish Jews.

A demonstration held on November 3, in particular, sparked controversy over whether terrorism was warranted at some of the many demonstrations.

Here, some participants chanted, “Palestine is occupied; it must be resolved through jihad.” Many interpreted this as a call for holy war. It is unclear whether the charges are related to this specific demonstration.

  • One sign of stability is that the vast majority of demonstrations, whether in support of one side or the other, proceed peacefully, says the Minister of Justice. He continues, however, that there is a tendency at some demonstrations to say things that cross the line of the law. Therefore, the police will continue to be vigilant regarding this, because it is unacceptable.

There is no pressure from the Prime Minister and the Minister of Justice.

It was the Minister of Justice who asked the police and the Attorney General to submit a report on how the authorities dealt with cases in which the Terrorism Leniency Act may have been violated.

He did so after Prime Minister Mette Frederiksen, in a letter from the Minister of Justice to Peter Hummelgaard last week, expressed concern about some statements made during the demonstrations and therefore wanted clarification.

  • The National Police have assured me that they are taking this matter very seriously, says Peter Hammelgaard.

Is there a risk that the Prime Minister's concern will lead to pressure on the police to file more cases?

  • No, certainly not the pressure I feel they are under. Quite the opposite. And that's what the law says.
  • Politically, we cannot order the police to bring charges or conduct reviews. But there is a reality where things happen. And here, we have a political interest in being able to follow up and assess whether additional protections under criminal law or more resources for the police are needed.

The article has ended.

Asma Abbas

A Danish Arab media professional with a master's degree in media, a journalist and presenter on Arab satellite channels, a registered member of the official Danish Media Council, an international trainer, an architect, and an international peace ambassador in an organization registered with the United Nations.

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