E/CN.4/2006/5/Add.1 Page 29 Following publication several threats were made against the cartoonists, some of which are still under investigation. The cartoons prompted several private associa tions to file a complaint under the sections 140 and 266b of the Danish Criminal Code with the police. According to section 140 of the Criminal Code, any person, who, in public, ridicules or insults the dogmas of worship of any lawfully existing religious community in Denmark shall be liable to imprisonment for any term not exceeding four months, or, in mitigating circumstances, to a fine. Section 266b of the Criminal Code criminalizes the dissemination of statements or other information by which a group of people are threatened, insulted or degraded in account of e.g. their religion. 114. The complaint was taken up by the Regional Public Prosecutor in Vilborg who decided that cartoons fall within the scope of sections 266b and 140. However, on 6 January 2006 t he Prosecutor decided to discontinue the investigation for lack of a reasonable suspicion that a criminal offence indictable by the state has been committed. The Prosecutor stated that when assessing what constitutes an offence the freedom of speech must a lso be taken into consideration. The freedom of speech must be exercised with the necessary respect for other human rights, including the right to protection against discrimination, insult and degradation. In finding that there was no reasonable suspicion that a criminal offence indictable by the state had been committed, the Prosecutor attached importance to the fact that the article in question concerns a matter of public interest, which means that there is an extended access to make statements without these statements constituting a criminal offence. Furthermore according to Danish case law journalists have extended editorial freedom when it comes to subjects of public interest. These reasons led to the conclusion that in this case no criminal offence under section 140 or 266b of the Criminal Code had been committed. A complaint against the Prosecutor’s decision can be lodged with the office of the Director of Public Prosecutions. 115. In general the Danish Government strongly focuses on ensuring an inclusive, multicultural society characterized by mutual respect and shared democratic values. In his New Year’s address of 2006 the Danish Prime Minister stressed the important and absolute nature of the freedom of speech and that it was necessary to exercise that freedom in a civilized respectful manner so as not to cause fragmentation within Danish society. Other members of cabinet have put forward similar views. Furthermore the Danish Government is continuing its dialogue with representatives of minorities and leaders of religious communities in order to achieve mutual respect and understanding as well as stronger community participation, active citizenship, freedom and equality, better opportunities for the young and prevention of radicalization. Observations 116. The Special Rapporteur is grateful for the Government’s response and encourages the Government to continue its efforts to increase mutual understanding and religious tolerance, in accordance with article 10 of Resolution 2005/40 of the Commission on Human Rights. She would like to reiterate the words from her joint press statement with the Special Rapporteur for contemporary forms of racism, racial discrimination, xenophobia and related intolerance and the Special Rapporteur for the promotion and protection of the right to freedom of opinion and expression on 8 February 2006. In this statement the Special Rapporteurs expressed their concern at

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