A/HRC/4/21/Add.1
page 32
Additional responses from the Government dated 31 January 2006, 3 February 2006 and
16 March 2006
126. Subsequent to its response dated 24 January 2006, which has already been reflected in
the previous communications report (see E/CN.4/2006/5/Add.1, paras. 113-115), the
Government informed the Special Rapporteurs in further letters dated 31 January 2006, 3
February 2006 and 16 March 2006 of recent developments concerning this issue. On 31 January
2006, the Danish Prime Minister, Anders Fogh Rasmussen, made a statement where he informed
that the Danish Daily, Jyllands-Posten, had apologized for the indisputable offence to the Muslim
world. He hopes that the apology made will contribute to comfort those who have been hurt. The
Prime Minister also informs that the mentioned apology has been positively received by Muslim
communities in Denmark and that these have pledged support for the efforts made. He also calls
on all parties to abstain from any statement or action that will create further tension. In an
interview on the TV news channel Al-Arabyia on 2 February 2006, the Danish Prime Minister
stressed the value he attached to the close relationship based on mutual respect and friendship
between Denmark and the Muslim world.
127. On 16 March 2006, the Government informed the Special Rapporteurs that the Danish
Director of Public Prosecutions had decided not to institute criminal proceeding in the case of the
article “The Face of Muhammed”, which was published on 30 September 2005. The Danish
Director of Public Prosecutions explained that in his opinion there was neither violation of
section 140 of the Danish Criminal Code (mockery or scorn of religious doctrines or acts of
worship of any lawfully existing religious community in Denmark) nor of section 266b of the
Danish Criminal Code (public statement or imparting other information by which a group of
people are threatened, scorned or degraded on account of their race, colour, national or ethnic
origin, religion or sexual inclination). The decision of the Danish Director of Public Prosecutions
cannot be appealed to a higher administrative authority, as stipulated in Section 99(3) of the
Danish Administration of Justice Act. Furthermore he stressed that although there was no basis
for instituting criminal proceedings in this case, it should be noted that both provisions of the
Danish Criminal Code contain a restriction of the freedom of expression. To the extent publicly
made expressions fall within the scope of these rules there is, therefore, no free and unrestricted
right to express opinions about religious subjects. It is thus not a correct description of existing
law when the article in Jyllands-Posten states that it is incompatible with the right to freedom of
expression to demand special consideration for religious feelings and one has to be ready to put
up with “scorn, mockery and ridicule”.
Observations
128. The Special Rapporteur is grateful for the Government’s additional responses and she
encourages the Government to continue its efforts to increase mutual understanding and religious
tolerance. She would like to refer to the joint press statement with Doudou Diène (Special
Rapporteur for contemporary forms of racism, racial discrimination, xenophobia and related
intolerance) and Ambeyi Ligabo (Special Rapporteur for the promotion and protection of the
right to freedom of opinion and expression) on 8 February 2006. Furthermore, she would like to
reiterate the conclusions and recommendations from the joint report with Doudou Diène
(A/HRC/2/3, paras. 51-66) further to Human Rights Council decision 1/107 on incitement to
racial and religious hatred and the promotion of tolerance.