E/CN.4/2006/5/Add.1
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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