Posted on 01/05/2010 9:06:59 AM PST by marthemaria
The intelligence service has rejected criticism that it did not detain the Somali who attacked Kurt Westergaard
The Danish Security and Intelligence Service (PET) has rejected criticism that it could have detained the 28-year-old Somali who attacked cartoonist Kurt Westergaard a couple of months ago and thus could have prevented last Friday’s attack.
Within hours of the attack on Friday at 10 p.m., PET announced that the man had links to the radical al-Shabaab organisation as well as to al-Qaeda leaders in East Africa. It is not clear when the man appeared on PET’s radar or why, but the man was involved in a case in Nairobi in late 2009 when he was detained by the Kenyan Anti-Terror Police Unit (ATPU) on formal charges of not having travel documents.
Clinton At the time, five days prior to the arrival in Kenya of U.S. Secretary of State Hillary Clinton, the ATPU was investigating reports of plans for a terrorist attack on a bus station and two hotels. Four others were also detained at the time, including Ahmed Abdullahi who was alleged to be an al-Shabaab operative. Abdullahi is since said to have disappeared.
After seven weeks in detention, the man – who has Danish residency - was given new travel documents by the Danish embassy in Nairobi and flown home.
Similarly, the man is alleged to have been in contact with another Danish Somali who is alleged to have detonated his suicide bomb in Mogadishu two weeks ago at a graduation ceremony for doctors. More than 20 people, including several Somali ministers, died in that attack.
Under surveillance Since returning to Denmark, the 28-year-old – who cannot be named for legal reasons - has been under surveillance by PET, although not in connection with Kurt Westergaard. In an article in Berlingske Tidende today, several lawyers have suggested that PET could have detained the man under anti-terrorism laws.
But PET Chief Jakob Scharf has rejected the suggestion.
Hard proof necessary “In order to be able to arrest people and then charge them before the courts, or in order to administratively deport foreigners under the rules of the Foreigners Law, you need hard proof that can be produced and tried in court,” Scharf says.
“Neither the fact that PET has information regarding a person’s attachment to a foreign terrorist organisation or a terrorism-related network in Denmark; Nor the fact that PET suspects someone of being involved in terror-related activities abroad can of themselves be seen as enough to arrest, try or deport that person,” he adds.
Although Aarhus University Criminal Law Professor Jørn Vestergaard says PET could have charged the man, Scharf disagrees.
“Whether that would be possible, depends on the character of the information that PET has, including whether the information could be presented in court as part of a criminal or deportation case,” Scharf says.
Give the cartoonist a few guns to use
Janet Napolitano has competition.
Janet Incompetano has competition.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.