CERD/C/71/D/36/2006
Page 5
(Ms. Frevert) No, but I am certainly allowed to write it. I am allowed to write exactly
whatever suits me. If they rape and kill other people the way they do with suicide
bombs, etc.- well, you aren’t allowed to do so in our country, are you?”
2.5 On 30 September, 13 October and 1 November 2005, the DACoRD, on the petitioner’s
behalf, filed three complaints against Ms. Frevert for violations of section 266b of the Danish
Criminal code3, which prohibits racial statements. In the first complaint, DACoRD claimed
that the website statements were directed against a specific group of people (Muslims), that
they were taunting and degrading, and that they had a propagandistic character, as they were
published on a website directed at a large audience, and at the same time sent to various
Danish newspapers for purposes of publication. The DACoRD quoted several decisions of
conviction by Danish courts for statements published on websites, which were considered as
“dissemination to a wide circle of people”. The second complaint related to Ms. Frevert’s
book, in particular pages 31 to 41, which the petitioner claimed contained threatening,
taunting and degrading statements against Muslims. The third complaint related to the article
published in the “Politiken”. DACoRD claimed that the statements in the article violated
section 266B of the Criminal Code and that they confirmed the statements published on the
website.
2.6 The first complaint (relating to the website) against Ms. Frevert was rejected by the
Copenhagen Police on 10 October 2005, on the ground that there was no reasonable evidence
to support that an unlawful act had been committed. In particular, the decision pointed out
that it did not appear, with the necessary reasonable prospect for a conviction, that Ms.
Frevert had the intent to disseminate the listed quotations, and that it appeared that she was
unaware that those statements had been posted on the web. The webmaster (Mr. T.) took
entire responsibility for the publication of the statements and was charged with violation of
section 266 b of the Criminal Code. On 30 December 2005, the Copenhagen Police
forwarded the case file to the Helsingør Police for further investigation of the case against
him. The case is still under investigation by the Helsingør Police.
2.7 On 13 December 2005, the Regional Public Prosecutor of Copenhagen, Frederiksberg
and Tårnby confirmed the decision of the police not to prosecute Ms. Frevert, because she
and Mr. T. had concurrently explained their collaboration and that the articles had by mistake
been posted unedited on the website. He found that it could not be proved that Ms. Frevert
had any knowledge that the articles were put on her website and that she had the necessary
intent to disseminate them. This decision cannot be appealed.
2.8 The second complaint (relating to the book) was rejected by the Commissioner of the
Copenhagen Police on 18 October 2005, as there was no reasonable evidence to support that
an unlawful act had been committed. The decision indicated that the book had been published
for the purpose of a political debate and did not contain specific statements which could be
3 “Section 266b.
(1) Any person who, publicly or with the intention of wider dissemination, makes a statement
or imparts other information by which a group of people are threatened, insulted or degraded
on account of their race, colour, national or ethnic origin, religion, or sexual inclination shall
be liable to a fine or to imprisonment for any term not exceeding two years.
(2) When the sentence is meted out, the fact that the offence is in the nature of propaganda
activities shall be considered an aggravating circumstance.”