Agora

This just in. It is indicated on Jyllands-Posten’s website that they will update this story, and I will follow suit when that happens. So far:

Crown’s Prosecutor: No indictment against JP
The Crown’s Prosecutor dismisses all charges against Jyllands-Posten for having published the cartoons of the prophet Muhammed.

Jyllands-Posten is not to be punished for publishing the hotly debated cartoons of the prophet Muhammed, the Crown’s Prosecutor informs. But Freedom of Speech is not without limits and the law doesn’t allow people unlimited debate on religious subjects, the Crown’s Prosecutor makes clear:

“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”,” Crown’s Prosecutor Henning Fode writes.

Faith Community Disappointed
The Islamic Faith Community expresses disappointment with the Crown’s Prosecutor’s decision and is thinking about how to proceed.

“The decision show that the people who made the blasphemy law weren’t familiar with the religious feelings of Moslems”, the spokesman of the Islamic Faith Community, Kasem Said Ahmad, who was among those who reported Jyllands-Posten.

“It sends a wrong message to the rest of the world. I think the decision is liable to have negative consequences for Denmark. It’s just not about the Moslems in Denmark, but also about the 1.4 Billion Moslems around the world,” Kasem Said Ahmad says.

Kasem Said Ahmad will now review the decision and its appendices with representatives of the other Moslem organisations in Denmark who reported Jyllands-Posten. They will review the option of bringing the case to the European Union’s Human Rights court.

The cartoons were headlined “The Faces of Muhammed”. According to Islam it is forbidden to depict the prophet and the cartoons ignited protests in large parts of the Moslem world.

As you will recall, Jyllands-Posten was reported as having broken the near-obsolete law against blasphemy which hasn’t been succesfully used since 1938. The charges were first dismissed by the Prosecutor for Denmark but the case was reopened by the Crown’s Prosecutor to ensure that all options had been tried.

Update: The Crown’s Prosecutor’s decision is available here.

Quoting:

The Decision of the Director of Public Prosecutions in the case of Jyllands-Posten’s Article “The Face of Muhammed”
Press Release March 15th, 2006

The Decision of the Director of Public Prosecutions in the case of Jyllands-Posten’s Article “The Face of Muhammed”
I have today decided not to institute criminal proceedings in the case of Jyllands-Posten’s article “The Face of Muhammed”, which was published on 30 September 2005 and where complaints were filed against Jyllands-Posten for violation of Sections 140 and 266 b of the Danish Criminal Code.

My decision is that there is no violation of the said rules of the Danish Criminal Code. My decision is published on the homepage of the Director of Public Prosecutions (www.rigsadvokaten.dk).

Although there is 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. Section 140 of the Criminal Code protects religious feelings against mockery and scorn and Section 266 b protects groups of persons against scorn and degradation on account of their religion among other things. 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”.

My decision in the matter cannot be appealed to a higher administrative authority. This follows from Section 99(3) of the Danish Administration of Justice Act.

Henning Fode

Hmmm.. From reading the documents in Danish, this press release seems to be a bit too much of a release for the press as opposed to a release to the press. As far as I can tell, the Danish documents available here seem to indicate that the European Human Rights Court has all but overruled Article 140 of the Danish Criminal Code. More commentary to follow.

Update: Politiken published a statement from Editor-in-chief Carsten Juste. He too is a bit puzzled by the press release:

“My immediate reaction is that I don’t think I quite understand his reasoning. We are all aware that Freedom of Speech is “answerable to the courts”, but to say that one’s Freedom of Speech is limited in advance, doesn’t seem right to me. In my opinion, the Crown’s Prosecutor has chosen the wrong path in choosing that wording.”

He is pleased with the overall decision, though:

“It’s very satisfactory, the decision made by the Crown’s Prosecutor. It would be unbearable if we had to pass through two appeals and then on to the European Human Rights Court with a matter like this. So I find it overall satisfactory.”

Update: Ny Sun has the AP report