Tue 23 Dec 2008
Judicial farce exposing vicious EU laws continues - Denmark serves up it's own children to Stasi-Germany - Update December 23 Breaking news: Hostages to be released pending supreme court appeal!
Copenhagen December 22, 2008
Alleged Nazi music distributors to be extradited to Germany
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A 33-year old Dane and a 34 year old German citizen will be extradited to Germany, where the German police want to prosecute the men for having distributed music which incites to racial hatred.
The Danish High court [Oestre Landsret] decided on December 22, 2008 to confirm the previous decision from the Court in Elsinore that the extradition warrant from the German justice system is to be served and the two men are to be extradited to Germany.
Danish police arrested the men in North Zealand in August, after German police had been investigating a case about distribution of 'Nazi music' for 3 years.
Both of the arrested deny guilt
The Dane explained in court that he stored the CDs for a friend, and that he had had no connections with the nationalist scene.
Fear of extradition
The German citizen told the court that he fears being extradited to Germany since Germany does not treat nationalists fairly in court.
Both men have asked the Danish justice system to allow the decision to be appealed to the Supreme Court.
Source:
Politiken December 22, 2008 - Nazimusiksælgere skal udleveres til Tyskland
More from other sources:
To be released from custody immediately - Not
 Arne Stevns -Prosecutor |
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 Mikael Skjoedt - Defense Lawyer |
From other sources, such as the the competing Copenhagen newspaper Berlingske Tidende it became clear that although the High Court had confirmed the findings of the City Court in Elsinore, and decided the extradition must proceed, it did not want to keep the hostages 1 in remand pending the decision from the 'Process Council' 2 if the case can be brought before the Supreme Court, and wanted to release the two men immediately on condition that they report at a police station every two days.
The prosecutor Arne Stevns appealed against this decision, and now the Supreme Court will at least have to decide about that matter in the beginning of next year. This means that the two victims who have so far spent 4 month in jail for something which they deny having done, and which is not illegal in Denmark, will have to spend Christmas in jail as well.
A number of family members of the Danish hostage Flemming witnessed the court proceedings, and were interviewed on Danish TV, demanding that Flemming be tried according to Danish law, if at all he had done something illegal in Denmark. Translation of transcript of that news clip further down this page.
In the same case the Swedish government has denied to extradite the alleged main man in the same case, with reference to freedom of expression. More about that here. In the similar case of Dr. Fredrick Töben in Britain the British court refused to comply with the German Arrest Warrant. More via the link list at the bottom of this article. Last month France refused to extradite a convicted Italian terrorist to Italy.
Germany itself do not extradite German Citizens!
And most ironically; Germany itself refused to allow the use of the European Arrest Warrant, and did not comply with Danish demands for the extradiction of the former Danish SS officer Soeren Kam!
This case was seen as a defeat for the Danish prosecutor involved, who happenes to be the same Arne Stevns, who is the prosecutor in this case. (Initially there even were rumours about 'a deal' involving both cases!)
Footnotes:
(1 sorry, can't find another word; they are not indicted for anything in Denmark!)
(2 an institution which is to consider if the case can be tried in the Supreme Court - 'Procesbevillingsnævnet')
Sources:
Berlingske Tidende 22 december 2008 - Dansker skal udleveres i sag om nazimusik (af
Elisabeth A. Haslund)
Berlingske Tidende - Nazimusik fører til udlevering (Ritzau)
Think about it: 'Free Speech defender' Jyllands Posten didn't even send a journalist to cover the court case, but relies on articles from other papers:
Jyllands Posten - Nazi music suspect closer to extradition
Report from the preceding legal procedings December 19 2008
Balder Blog December 20 2008 - Denmark: Alleged distributors of Nazi-music fight extradition - Verdict on Monday December 22
Post similar to the one above one in Danish, including TV news clip:
Balder Blog 22 december 2008 - Landsretten stadfæster udleverings-dommen over angivelige nazi-musik distributører 
Breaking News Tuesday December 2008:
Hostages freed before Christmas!
The Court just decided that both hostages are to be released pending the decision of the court to allow this case to be tested by the Suppreme Court. A merry Christmas and best wishes to Flemming and Stephan and their families.
Translation of transcript of TV2 News clip - December 22, 2008
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| Johannes Langkilde TV2 | |
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| Yigal Jacob Znaty TV2 | |
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| Mikael Skjoedt - defense lawyer | |
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| Peter Skaarup - DPP | |
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| Karen Hækkerup - Social Democrat |
Johannes Langkilde (TV2): A Dane and a German will be extradited to Germany. The High Court confirmed the earlier verdict by the court in Elsinore.
The two men are charged with having distributed Nazi propaganda here in Denmark, and they risk a far more severe sentence in Germany, than they would have got in a Danish court.
Yigal Jacob Znaty (TV2): Shocked relatives left the High Court. The Court decides to confirm the extradition of a 33 year old Danish citizen in order to stand trial in Germany.
Claus Gottfredsen (brother in law): If he has committed a crime, we think he should be prosecuted in Denmark, appear in a Danish court, and serve a possible sentence in Denmark as well.
Yigal Jacob Znaty: Together with a 34 year old German citizen he was arrested in August after a lengthy German police investigation, charged with having produced and distributed Nazi music. Now the case will go to trial in Germany.
Mikael Skjoedt (defense lawyer): It is of very principled importance that it was decided today that an extradition of Danish citizens can take place, for what we in Denmark look upon as petty crime, but where sentences are much more severe than the corresponding ones in Denmark.
Yigal Jacob Znaty: TV2 News visited the accused in October
Flemming: ... their legislation is quite absurd compared to ours, and one can get a prison sentence there for things which you would not even earn one a fine here in Denmark.
Yigal Jacob Znaty: In Germany he risks 5 years imprisonment, in Denmark the same crime would at the most give 60 days suspended sentence according to defense lawyer Mikael Skjoedt. The European Arrest Warrant was passed as part of the 'terror package' in 2002.
Peter Skaarup (Danish People's Party): From my point of view this is an extremely trivial case, since it is about something which is barely punishable according to Danish practice, shall we then under cover of a terrorism law extradite Danish citizens to other countries on that basis, I don't think that's right.
Karen Haekkerup (Social Democrat): I find it important that the Germans are allowed to try these kinds of cases, for I can easily understand that the Germans are exceptionally tired of Nazi propaganda pouring across their borders, because it is not punished seriously in the countries around them.
Yigal Jacob Znaty: Both men deny any guilt; their solicitors will now try to bring the verdict before the Supreme Court.
Johannes Langkilde: The Swedish Justice Councilor, as he is called over there, has previously refused to extradite a Danish citizen living in Sweden for the same crime.
The TV broadcast on which the transcript is based can be found in the Danish version of this article or here at YouTube.
Also read the preceding article posted Saturday December 22, and previous articles about this and related cases listed below:
Balder Blog Saturday December 20, 2008 - Denmark: Alleged distributors of Nazi-music fight extradition - Verdict on Monday December 22
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