Prosecution v. T, 119/2017, 14 November 2017
- 2017
- Denmark
Topics
Membership in a terrorist organisation Violent extremism Terrorism propaganda Terrorism financingLegal bases
European Convention on Human Rights Denmark: Penal Code (Straffeloven) of 1930Courts
Supreme Court (Højesteret), DenmarkLaws
Right to respect for private and family lifeFacts
Mr. XX had previously been found guilty of twice joining Islamic State in Syria as a foreign fighter, as well as of supporting the terror organisation financially and publicly condoning a terror attack in Denmark. To be decided at the constitutional court was the length of his sentencing as well as whether Mr. XX should be disqualified from his citizenship, extradited and permanently banned from re-entering Denmark.
Legal grounds
1.4 Private life and Family life, 25.6 State crimes, 259.1 Criminal law, 31.9 Other issues, 51.2 Extradition, 7.2 Disqualification, Human Rights, Criminal Law, Foreigner law.
Findings
According to Danish nationality laws, a person found guilty of terrorism charges may be disqualified from his Danish citizenship, provided he has citizenship in other countries. Whether such measures are taken by the court rests on an evaluation of the gravity of the case against the consequences for the individual, in accordance with the Articles 8.1 and 8.2 of the ECHR (reference to Human Rights Court verdict 23 June 2008 in Maslov v. Austria, 1638/03, as well as M.E. v. Denmark 17 November 2014, 58363/10). Though Mr. XX was born and raised in Denmark, speaks Danish and overall is estimated to have a significant attachment to Denmark, the constitutional court decided to disqualify Mr. XX from his citizenship, as well as extraditing and permanently banning him from re-entering Denmark with reference to the gravity of Mr. XX’s crimes, the necessity of extradition for preventing future crimes, as well as his dual citizenship and relevant attachment to Turkey. His original sentencing of 6 years imprisonment was sustained.