REPORT 2008-2010 The danish securi ty and in telligence service

report 2008-2010 report 2008-2010

Foreword

In its role as national security to creating security in Danish authority, the Danish Security and society. Whilst this places major Intelligence Service (PET) is demands on us in the performance responsible for identifying, of our daily tasks, it has also preventing and countering threats fostered a readiness to change to freedom, democracy and safety and a focus on the ongoing and in Danish society. This applies to strategic development of PET. threats in Denmark as well as threats directed at Danish nationals The work carried out by PET to and Danish interests abroad. identify, prevent and counter threats to national security The nature of the threats to national increasingly takes place outside security is constantly changing and Denmark’s borders and in it is therefore important that PET collaboration with the national is a dynamic organisation which authorities of other countries. constantly adapts its organisational This is a natural consequence of set-up and work methods in light the fact that security-related of the current threat picture and threats to Denmark are often the societal values that are of international in nature and involve importance to national security. groups, networks and persons abroad that constitute a threat to In recent years, PET has undergone Danish interests both in Denmark major changes, and today only and abroad. This development vaguely resembles the PET that has meant that PET presently existed during the Cold War and expends considerable resources on prior to the terrorist attacks on protecting Danish interests abroad, the USA on 11 September 2001. and that PET staff regularly work This evolutionary development has abroad, including in high-risk areas, been natural and necessary, but as part of their involvement in also challenging for PET and its staff, specific operations, investigations as part of the efforts to ensure a and security assignments. modern, strong and coherent organisation characterised by clear In PET, we constantly seek to values and a common culture. improve the methods we use in conjunction with both preventive In PET, we wish to be a professional, efforts and action taken in efficient and trustworthy intelligence response to specific security- and security service which is at the related threats. PET assigns high forefront of developments and priority to early preventive efforts which is respected by our partners, because experience has shown that enjoys the trust and confidence of such efforts contribute effectively the general public, and contributes to mitigating the security-related

2 The danish security and intelligence service

The nature of the threats to national security is constantly changing and it is therefore important that PET is a dynamic organisation photo: P E T risks. However, experience has also Denmark and Danish interests can have major consequences. It shown that in a number of cases, it abroad are today a priority terrorist is therefore a responsibility that is necessary to intervene in relation target for militant Islamists. For we take very seriously, and we go to identified threats by other PET, it is therefore a daily challenge to great lengths every single day means, including penal measures, to ensure that the resources to ensure our prioritisation is the thereby neutralising the threats that PET has at its disposal are result of meticulous and careful and protecting important societal utilised efficiently, and, in particular, consideration. interests. that PET’s activities are clearly prioritised. PET is unable to, will never be able to, In the period 2001-2007, PET was nor must it be required to monitor allocated additional resources in Any prioritisation entails that everybody and everything 24 hours light of the general terror threat. A ­something is prioritised at the a day. Priorities are not just significant proportion of this added expense of something else, which necessary, but also healthy for any resource allocation comprised the thereby increases the risk of organisation, even though all parts transfer of staff and tasks from ­potential threats not being iden- of PET’s activities are important and other branches of the Danish police tified and countered in time. In subject to considerable risks. If we force to PET. Since 2008, however, relation to threats of the nature fail to identify and counter concrete the terror threat in relation to that PET deals with, we are natu- threats, the adopted prioritisation Denmark has risen significantly. rally aware that the prioritisation will in the clear light of hindsight

3 report 2008-2010

The precise effect of PET’s actions can be difficult to measure, and not all concrete threats that PET identifies and counters are made known to the public

always appear as mistaken. However, at our disposal, and that we have a this does not necessarily mean that modern and adequate framework the prioritisation decision was for our work and staff. In terms incorrect at the time it was made. of technology and resources, this presents PET with major challenges; For PET, it is necessary to be at the challenges that we continuously forefront of development. If we wait endeavour to tackle and overcome. to adapt ourselves until the security Today, PET is only able to perform threats have manifested themselves its tasks by drawing heavily on in actual attacks, it will be too late. talented and committed staff and PET’s activities are therefore not their quite exceptional work effort. just intelligence-led, but also based PET will always be reliant on being on extensive analytical work, both able to recruit, retain and develop strategic and operational, and, not competent and committed staff, least, also on concerted efforts to but we are also very aware that ensure that this analytical work has even for such members of staff, practical relevance and is translated there are limits to what can be into concrete initiatives within PET’s demanded and expected of them. operations. to publish figures in connection This report will hopefully answer with our activities. This is due partly The precise effect of PET’s actions many, but naturally not all, ques- to operational considerations that can be difficult to measure, and tions about PET’s activities. In PET, make confidentiality necessary, not all concrete threats that we endeavour to be as open as and partly because the isolated PET identifies and counters are possible about our activities, but publication of figures would be made known to the public. This in order for PET to be able to work misleading, deceptive or simply naturally places greater demands effectively, it requires that parts of meaningless when the information on our ability in PET to constantly these activities are not made known on which the figures are based must adopt a critical perspective of our to the public. We are also aware otherwise be kept confidential and own activities, regularly evaluate that openness and transparency classified. our efforts, and make changes regarding PET’s activities in certain and adjustments as and when situations can give rise to unneces- Nevertheless, I hope that this necessary. Even when we think that sary fear in the general public and report will also contribute to we are doing a good job under the thus counteract PET’s efforts to providing public insight and an circumstances, we are focused on contribute to creating a feeling of understanding of PET’s activities. doing it even better. security in Danish society. Jakob Scharf In order for PET to be the profes- In the public debate, there is often Director General, PET sional, efficient and trustworthy a call for more numbers and figures intelligence and security service we to shed light on PET’s activities. wish to be, and which others expect This will probably also be the case in of us, it is required that we have connection with this report. the necessary and up-to-date tools In PET, however, we are reluctant

4 The danish security and intelligence service

History

Through Act No. 90 of 15 March tasks that had previously been department itself comprised 27 1939, an amendment was made to undertaken by SIPO. Through the criminal investigation officers and a the Danish Civil Servants Act with Ministry of Justice Circular of 31 number of office clerks. Statutory the aim of expanding the police force May 1947, more detailed guidelines Provisions for PET were issued on 24 and creating a Security Police (SIPO) were laid down for REA as an January 1952, and at the same time under the National Commissioner as assistance department for the the previous circular of 31 May 1947 an inspectorate on an equal footing police districts and in November was repealed. with the inspectorates for the 1947, SIPO was disbanded. uniformed police and the Criminal PET was therefore able to celebrate Investigation Department (CID), On 1 January 1951, the intelligence its 60th anniversary on 1 January respectively. According to Act No. 90 activities of the Danish police were 2011. This occasion was marked by of 15 March 1939, SIPO was assigned set up as an independent office an event held on 14 January 2011 for the task of “providing a shield under the National Commissioner present and former PET staff. against undertakings or actions and given the name The Danish that can be presumed as being Security and Intelligence Service targeted at the independence of the (PET). The acting Deputy Chief of Realm and the legitimate societal Police Ernst Brix was appointed as system as well carrying out effective head and reported to the Permanent supervision of aliens and travellers”. Secretary of the Ministry of Justice, Likewise, it was decided that SIPO although in special cases to the initially was to operate solely in the Minister of Justice and the Prime province, whilst SIPO’s tasks in the Minister. At the same time, the police capital were to be undertaken by intelligence tasks were expanded. Department D of Copenhagen Police. PET was given headquarters at the Copenhagen Police Headquarters, After the liberation of Denmark from where it was to gather the on 4 May 1945, it was decided intelligence activities with the liaison on 7 May 1945 to establish the officers in the police districts and National Commissioner’s Intelligence in Department E of Copenhagen Department (Danish abbreviation Police (formerly Department D). REA), which was to perform the At the establishment, the central

Photo: Scanpix

5 report 2008-2010

Table of contents

Foreword...... 2 History...... 5 Chapter 1. Administrative matters...... 10 PET in figures...... 10 PET’s finances...... 10 Reorganisation of PET’s local and regional activities...... 1 1 General strategy plan for PET...... 12 PET’s IT strategy...... 13 PET’s human resources and competence strategy...... 14 The government action plan for the fight against terrorism...... 14 Chapter 2. Legal matters...... 16 The Legal Department...... 16 Legislation...... 16 Anti-terrorism legislation...... 16 PET’s collection and transfer of information...... 1 8 Court orders on persons in connection with telephone interception...... 18 Tele-observation...... 19 Disruption of radio or telecommunications...... 19 CCTV surveillance...... 20 PET’s access to passenger information...... 20 Logging...... 20 0versight and supervision...... 21 Supervision by the Minister of Justice...... 21 Parliamentary supervision...... 21 Judicial supervision...... 21 Processing and handling of personal data...... 21 Oversight by The National Audit Office...... 22 Internal guidelines...... 23 The PET commission report...... 23 The Blekingegade investigation...... 23 The Wendler Pedersen committee...... 24 Access to files and records...... 25 Access to files...... 25 Access to records...... 25 Immigration-related cases...... 26 Expulsion of foreign nationals in the interests of national security...... 27 Chapter 3. Assistance to the police districts...... 30 Special police operations...... 30 Surveillance assistance...... 30 Technical assistance...... 30 Assistance from the Negotiation Group...... 31 Assistance from the Witness Protection Unit...... 31 Under Cover assistance...... 31

6 The danish security and intelligence service

Chapter 4. Threats to Danish interests abroad...... 32 The Rapid Deployment Team...... 32 Embassy security...... 33 The International Security Team...... 33 Chapter 5. International co-operation...... 36 Bilateral co-operation...... 36 Multilateral co-operation...... 36 Exchange of information with foreign partners...... 37 Chapter 6. The Center For Terror Analysis...... 40 Threat assessments...... 40 Other CTA analyses...... 41 Chapter 7. PET’s operational efforts...... 42 Chapter 8. Counter-terrorism...... 46 The threat against Denmark...... 46 Osama Bin Laden killed...... 47 Potential targets for attack...... 48 Methods of terrorist attack...... 48 New tendencies...... 48 Danish terrorism cases...... 49 The Headley case...... 49 Attempted assault on the cartoonist Kurt Vestergaard...... 50 Bomb explosion at the Hotel Jørgensen in Copenhagen...... 53 Norwegian terrorism case...... 53 Arrests of terrorists in Copenhagen...... 53 Danish-based support to illegal activities abroad...... 54 Internet...... 55 Terrorist financing...... 56 Chapter 9. Counter-extremism...... 58 Left-wing extremism...... 58 COP15...... 59 Right-wing extremism...... 60 Confrontations between right and left-wing extremist circles...... 60 Arrests in case regarding violent political extremism...... 61 Arrest of 43-year-old man with ties to right-wing extremist circles...... 61 Arrests in case regarding politically-motivated arson...... 61 Crimes motivated by extremism...... 61 Threats against public figures...... 62 Chapter 10. Counter-espionage and counter-proliferation...... 64 Types of espionage...... 65 PET’s activities...... 65 Industrial espionage...... 65 Counter-proliferation...... 66 The risk of attack from weapons of mass destruction...... 67

7 report 2008-2010

Table of contents

Chapter 11. Organised crime...... 68 The gang conflict...... 68 Weapons robbery at Antvorskov army barracks...... 68 International cannabis and weapons league...... 70 Chapter 12. Special operations...... 72 Sources and informants...... 72 Undercover agents...... 72 American cocaine case...... 73 The “City Guns” case...... 73 American weapons and cocaine case...... 74 Witness protection...... 74 Chapter 13. Security...... 76 The IOC Congress...... 76 COP 15...... 78 Technical Support Centre...... 78 The Surveillance Unit...... 79 The Special Intervention Unit...... 79 The Personal Protection Unit...... 81 Gamma 10...... 82 The Co-ordination Office...... 82 Security at foreign embassies in Denmark...... 82 The Negotiation Group...... 82 The security team...... 83 Chapter 14. Preventive security...... 84 The Centre for Prevention...... 84 Early preventive efforts...... 84 Strategic focus on prevention...... 84 Broad and solution-oriented co-operation...... 85 SSP co-operation...... 85 PET’s Dialogue Forum...... 85 The Danish Prison and Probation Service...... 86 Building trust through outreach contact...... 86 Exit interviews...... 86 Sharing knowledge and experience with others...... 87 The Centre for Protective Security...... 87 Security advice...... 87 Who receives advice from PET?...... 87 How does PET advise?...... 88 Physical security...... 88 Personnel security...... 88 Information security...... 89

8 The danish security and intelligence service

Appendices...... 90 A. The Danish Criminal Code – special chapters ...... 90 B. Act No. 378 of 6 July 1988 on the establishment of a committee regarding the Danish Defence Intelligence Service (DDIS) and the Danish Security and Intelligence Service (PET)...... 99 C. Statutory Provisions regarding the Danish Security and Intelligence Service (PET) of 7 December 2009...... 100 D. Guidelines for the processing and handling of personal data, etc. by the Danish Security and Intelligence Service (PET)...... 107 E. The Wamberg Committee’s Mandate of 7 December 2009...... 112 F. The Danish Government’s Declaration of 30 September 1968...... 114

9 report 2008-2010

Administrative 1. matters

The efforts to combat terrorism and other threats to Denmark and Staff by employment Danish interests abroad require PET category 2010 to constantly adjust and adapt its organisation in a way that ensures it is equipped to perform the tasks that the current threat picture requires.

This is a dynamic process, in which PET must ensure that the resources that the Service has at its disposal are used effectively and efficiently, whilst simultaneously being 73% Police staff constantly aware of the need to 16% Administrative staff expand and strengthen the Service’s 11% Civilan employees capabilities and competencies.

PET IN FIGURES PET staff distribution by department – 1 September 2010 As of 1 September 2010, PET had a total of approximately 780 staff. Approximately 73 per cent of the staff are police officers, 16 per cent are administrative staff and 11% are civilian employees.

The majority of staff is thus attached to PET’s Operational Department and Security Department.

PET’S FINANCES PET is not granted special 1% Management Secretariat operational appropriations in the

13% Administration Department annual Finance Acts, but PET’s 2% Legal Department expenditure is defrayed within the 33% Operational Department total police allocation. 45% Security Department 5% Preventive Security Department With effect as of 1 January 2011, 1% Center for Terror Analysis PET has been given greater independent budget responsibility

10 The danish security and intelligence service

combat, for example, terrorism. Director General Jakob Scharf In connection with the Finance Act negotiations in the judicial field, PET was granted DKK 20 million in November 2009 for technology Administration Department Director, Mette Lyster Knudsen investments for the purpose of upgrading and modernising PET’s equipment for technical surveillance Legal Department Director, Lykke Sørensen and IT investigation, especially within surveillance, room bugging and encrypted interception Operational Department Director, Commander Frank Jensen equipment. The appropriation reflects an acknowledgement that

Security Department the groups, networks and individuals Director, Chief Superintendent Jesper Grønbech that pose a threat to national security in Denmark are becoming

Preventive Security Department increasingly security-conscious and Director, Anja Dalgaard-Nielsen sophisticated in their methods, and that this necessitates an ongoing

Centre for Terror Analysis enhancement of PET’s technological Director, Jakob Brix Tange capabilities and competencies.

In addition, PET was granted approximately a further DKK in line with the police districts, and uncertainty. This is due to the fact 30 million during this period for for the first time PET has been that the budget is partly based on performing additional personal granted a preliminary appropriation the actual registered expenditure protection assignments, including for 2011. for 2010 and that some items of permanent personal protection for expenditure for 2011, e.g. expenses the cartoonist, Kurt Vestergaard, as In this connection, schemes will regarding vehicles, have not well as the establishment of round- have to be established to ensure previously been budgeted separately. the-clock security at his home. that PET will be able to undertake Furthermore, PET received a grant these new tasks and that financial It is estimated, however, that the of DKK 5.5 million during the period and personnel administration in annual staff costs regarding PET for the purpose of enhancing the relation to PET will be carried out total approximately DKK 400 million, security at Danish embassies. in a way that ensures the required whilst the other operating expenses confidentiality. regarding PET total approximately REORGANISATION OF PET’S LOCAL DKK 400 million. AND REGIONAL ACTIVITIES Being the first time PET expenditure has been separated from the PET has been allocated a number of In 2009, the National Police launched total police allocation, the budget special appropriations on an ongoing an extensive change process to is subject to a high degree of basis to enhance the efforts to align the National Police’s organisa-

11 report 2008-2010

tion and task performance with the in Aarhus and at PET’s Operational security-related nature that are intentions behind the Police Reform. Department in Søborg. suitable for effectively preventing Concurrently with these organisa- or mitigating the adverse impacts tional changes, it has also been of threats that are of importance GENERAL STRATEGY PLAN necessary to implement a series to national security. FOR PET of cutbacks and streamlining measures. PET constantly works to adapt • c ounter threats: PET must, its organisation to the tasks and in collaboration with relevant Similarly, in light of the restructur- requirements imposed on the authorities, ensure that identified ing of the National Police, PET’s top Service. threats to national security management carried out an assess- are countered by means and ment in November 2009 of whether On this basis, PET has formulated methods that are deemed most some of PET’s tasks need to be a new general strategy plan appropriate for effectively carried out differently in the future which rests on a vision of PET neutralising the threat, and that when considering the current threat being a professional, efficient and physical or legal persons who picture and the resources available. trustworthy security and intelligence in this connection are guilty of service that is at the forefront of criminal offences are prosecuted On this basis, PET reorganised its development and which is respected to the maximum extent with due local and regional activities at the by its partners, enjoys the trust and regard for special confidentiality beginning of 2010 in order to utilise confidence of the general public, and requirements. PET’s resources more efficiently contributes to creating a feeling of in relation to the threats that security in Danish society. • p ersonnel: PET must be an Denmark is facing today. attractive workplace that has As part of the vision, the following the right staff composition The reorganisation entails that the strategic focus areas and and the capacity to continuously staff who were previously attached objectives have been laid down: attract, retain and develop to PET’s five offices in the police reliable, competent and districts in Jutland will now serve • i dentify threats: PET must committed employees who thrive at PET’s regional office in Aarhus. proactively, efficiently and rapidly in an organisation characterised At the same time, the staff who gather, process and analyse all by knowledge-sharing, cross- were attached to PET’s regional relevant information from all disciplinary co-operation and office in Odense as well as the five relevant sources with the aim of efficient communication. PET offices in the police districts on identifying threats to national Zealand and Funen are now attached security. • Resources: PET must have the to PET’s headquarters in Søborg. necessary resources at its dis- • p revent threats: PET must, in posal enabling the Service to per- In order to retain and improve PET’s collaboration with all relevant form its tasks with the required local activities and co-operation with authorities, companies and speed and professionalism, and the police districts, special units organisations, ensure the PET must continuously ensure a have been set up with responsibility implementation of appropriate, targeted, prioritised, coherent for this both at PET’s regional office coherent and co-ordinated and efficient utilisation of these measures of a preventive or resources.

12 The danish security and intelligence service

strategy and tasks in a professional, efficient and trustworthy way. Staff and partners must encounter a modern intelligence service, in which IT actively promotes the overall tasks of PET as the national security authority. Likewise, the financing of the IT strategy is crucial for achieving the goals set.

• t rust: PET must ensure that its support PET’s overall mission PET’s general IT strategy can be activities are surrounded by a of identifying, preventing and summarised into the following eight maximum degree of openness, countering threats, partly because goals: without disregarding specific to a far greater degree than confidentiality requirements, and earlier it will become possible to • c ommon IT platform: With a that all PET activities are carried create and maintain an operational comprehensive IT platform in out on a legal and sound basis and real-time situational picture. PET, all data will be available while observing the required The platform will also support in common systems, which level of security and ensuring the opportunities for optimising will optimise the investigation implementation of appropriate work procedures and utilisation of support and the staff’s utilisation control measures. resources, whereby focus can be of resources. The IT platform maintained on PET’s core tasks. must address all central work procedures in PET. PET’S IT STRATEGY The second and third stage of the For a number of years, PET has new IT platform – among other • Easy access to important data engaged in efforts to modernise things, a new document management sources, both internal and the Service’s IT platform, so system, support of work procedures external: On the basis of one that it supports PET’s ability to and further integration in relation common IT platform, all PET address the challenges facing the to other systems – will be planned in employees must be ensured access organisation today, particularly as accordance with the new common to all relevant data and all relevant a result of an increasingly complex IT project model for the public functionality at the right time. and dynamic threat picture. sector and attached to the Danish Council for IT projects. Provided the • Efficient and secure digital In June 2010, the Folketing’s (Danish necessary funding has been secured, communication and co-operation: Parliament) Finance Committee the second stage will be launched Society in general and partners approved a grant of DKK 70 million mid-2011. are increasingly becoming for the implementation of the first digitised, and PET must address stage of PET’s new IT platform, The new IT platform plays a key this digitisation by establishing, which, among other things, entails role in the implementation of PET’s maintaining and developing the establishment of one common general IT strategy, in which the efficient and secure digital database with a common search objective is to ensure that the co-operation processes, both function. The new platform will IT systems support PET’s vision, internally and externally.

13 report 2008-2010

• Mobility of employees and and employing modern methods of for personal and professional operational units: PET must investigation and technology places development ensure access to the required IT major demands on the personal and • Provide PET members of staff resources, regardless of location professional development of the with the opportunity to develop and work situation. members of staff. Developing the themselves, their work and competencies of the employees thereby their workplace. • o ptimal IT tools for all units: is therefore a top priority in PET, Operational and non-operational and the Service has accordingly The ongoing and targeted members of staff must be formulated human resources development of the working ensured up-to-date tools and and competence strategies conditions and competencies of resources for supporting all designed to promote efficiency, staff must enable PET to effectively PET’s activity areas. quality, dynamism, commitment perform the tasks facing the and responsibility in the delivery Service, and to do so in a way that • a utomatisation and of PET’s services. The strategies aligns with the Service’s general simplification: Administrative are also designed to contribute to strategies and objectives. work procedures must be improving the conditions affecting automatised in order for the job satisfaction, well-being, As part of its strategy-related work, employees to focus more on co-operation and dialogue as well PET has, for example, carried out a performing PET’s core tasks as ensuring that the organisation is culture project in order to comply and ensuring that PET has able to attract, retain and develop with staff requests for working in a the capacity to perform highly qualified members of staff. more focused way with the security future tasks. culture, job satisfaction and well- PET’s competence strategy has being and social cohesion in PET. In • Management and overview: IT been based on the Service’s mission connection with the culture project, support of planning, resource and vision and must, among other all employees had the opportunity optimisation and budget things: to relate to different aspects of follow-up. the culture in PET. A number of • Make PET’s strategic direction specific initiatives, for example, • Robust and flexible IT visible to the employees have subsequently been launched environment and professional IT and relevant in their daily aimed at improving social cohesion competencies: A professional IT performance of tasks in PET. Similarly, a corporate identity organisation will be set up and • Provide a basis for prioritising has been formulated that seeks to the IT competencies within IT activities to develop competence reflect the diversity, the values and technology, IT operations and IT • Ensure long-term vision in PET the culture that binds PET together development will be strengthened. • Clarify certain general principles as a workplace. for competence development in PET PET’S HUMAN RESOURCES AND THE GOVERNMENT ACTION • Support PET’s objective of being COMPETENCE STRATEGY PLAN FOR THE FIGHT AGAINST an attractive workplace that TERRORISM In PET, the employees are the most wishes to be able to retain and important resource. Working with a recruit competent employees, As part of the Government’s Action complex and dynamic threat picture partly by offering opportunities Plan for the Fight against Terrorism,

14 The danish security and intelligence service

foreign experts conducted a large- other branches of Danish police, scale analysis of PET’s activities recruitment and competence in 2006. In the report, which can strategies as well as development be found on PET’s website, it was of PET’s IT platform. concluded that PET’s performance, effectiveness and reputation had Since the publication, PET has put improved considerably since the in tremendous effort to implement terrorist attacks in the USA on the report’s recommendations. A 11 September 2001, and that the more detailed report on the imple- Service had to be regarded as one mentation of the recommendations of the top intelligence services can be found in Report No. 2 in Europe. However, the report compiled by the committee respon- pointed out that PET also faces sible for overseeing the Danish significant challenges in the future. Defence Intelligence Service (DDIS) On this basis, the report made 12 and the Danish Security and recommendations regarding, among Intelligence Service (PET) on 26 other things, strategy development, November 2010 (The Oversight management of project and change Committee), which is available in processes, co-operation with Danish at www.ft.dk.

mission: VISION: As national security authority, the PET must be a Professional, Efficient Danish Security and Intelligence Service and Trustworthy intelligence and (PET) is responsible for identifying, security service; on top of change, preventing, investigating and countering respected by partners, trusted by the threats to the freedom, democracy public and a promoter of security within and security inherent in D anish society. the Danish society. This includes threats within Denmark as well as threats directed at Denmark or Danes and Danish interests abroad.

Strategic focus areas

Identify Prevent Counter Personnel Resources Trust threats threats threats

15 report 2008-2010

2. Legal matters

THE LEGAL DEPARTMENT the independence and security of The Legal Department is responsible the Danish State), and with which for ensuring and supervising PET is concerned. Several of these legality regarding all aspects of the rules are described below. Service’s activities. Consequently there is no legislation Ensuring and supervising legality that applies to PET in particular. comprises in particular the Service’s However, on 7 December 2009, the use of coercive measures in criminal Minister of Justice issued a new set procedure, the Service’s national and of Statutory Provisions for PET international co-operation, as well as (reprinted as Appendix C), which set the Service’s registration, processing out in detail the tasks, responsibilities and exchange of personal data. and methods of the Service. Ensuring and supervising legality in relation to PET’s departments ANTI-TERRORISM LEGISLATION is achieved on an ongoing basis by, among other things, attaching After the terrorist attacks in the the members of staff in the Legal USA on 11 September 2001, a detailed Department to these departments assessment was conducted of as and when needed and involving whether Danish legislation ensured the legal employees in the specific adequate and effective action against operations. The Legal Department terrorism. Based on the conclusions, is responsible for ensuring that a number of amendments were made the cases are investigated and to the Danish Criminal Code and the processed in a manner that ensures Administration of Justice Act, etc. in the collection of the necessary 2002 (Anti-Terrorism Package I). evidence to be used in any subsequent criminal proceedings. After the terrorist attacks in London in July 2005, the Government set up a cross-ministerial working LEGISLATION group commissioned to undertake PET’s work and methods are a general review and assessment regulated by the same rules laid of Danish society’s efforts and down in the Administration of preparedness with regard to acts Justice Act that apply to the rest of terrorism. of the police. In particular areas, the Administration of Justice The working group published its Act contains, however, some report on 3 November 2005. The special rules for investigation of proposals presented by the working the offences that are subject to group included: increased exchange Chapters 12 and 13 of the Criminal of information between PET and Code (dealing with offences against DDIS, further access to obtaining

16 The danish security and intelligence service

Supervision of the Danish Security and Intelligence Service

Supervision through the Minister of Justice

On behalf of the Government, the Minister of Justice supervises PET, and the Service is subject to the Minister’s directions. The Director General of PET is obliged to keep the Minister informed of general and specific matters that are of special importance to the Service.

Parliamentary supervision Records supervision

“The Supervisory Committee” consists of five Members The so-called Wamberg Committee supervises PET’s of the Folketing who must be informed of the general records and the communication of personal data. The guidelines governing the activities of PET and must be Committee must approve new files on Danes and foreign kept informed of matters of security or foreign policy nationals resident in Denmark, and supervise that issues that are of importance to PET’s work. The deadlines for deletion are kept. The communication of data members of the Committee are bound to secrecy. to other authorities must be approved by the Committee.

Judicial supervision Supervision through Rigsrevisionen

In order to carry out a number of investigative measures PET’s expenditures, including salaries, etc., are subject to (e.g. telephone interception), the Security and Intelligence the general audit of police accounts. A minor part of the Service must, in line with the rest of the police, obtain a Security and Intelligence Service’s accounts are subject court order, which also serves to keep the activities of the to special audit procedure carried out by a specially Service under supervision. authorised employee of the National Audit Office as well as an auditor of the Ministry of Justice.

personal data from other authorities, ing in Denmark, civic preparedness, In connection with the passage of access to flight passenger lists, ­dialogue with the Muslim communi- Anti-Terrorism Package II through increased investigative opportunities ties, and research. the Folketing, the Ministry of in the telecommunications area, as Justice announced that the Ministry well as increased opportunity to Subsequently in 2006, a number of would present a briefing to the set up CCTV surveillance of central amendments, among other things, Legal Affairs Committee of the public squares and major traffic were made to the Criminal Code, the Folketing on the experience gained junctions, etc. Administration of Justice Act and and lessons learned with the new various other pieces of legislation rules three years after the rules On the basis of the working group’s (Anti-Terrorism Package II). had come into force. The report recommendations, the Government was published in September 2010, drew up an Action Plan for the Fight The legislative amendments resulting the content of which was partly against Terrorism, which contained from Anti-Terrorism Package I and II based on statements collected by a number of initiatives in relation to encompass a number of measures the Ministry of Justice from, among the Service’s organisation, co-oper- that enhance PET’s opportunities to others, the Director of Public ation and resources, investigation of prevent, investigate and fight acts of Prosecutions, the National Police terrorism, foreign nationals resid- terrorism.

17 report 2008-2010

to carry out a specific assessment information to be directed at the and a balancing of interests in person and not only the telephone relation to the relevant piece of number. The change was made information. PET may afterwards primarily because it is not unusual collect information from other for suspects today to use different administrative authorities to means of communications and to the extent the information may have many different telephone be of importance to the ability numbers which are regularly changed. of the Service to perform its tasks concerning the prevention Until June 2009, the change and investigation of violations of applied only in relation to court Chapters 12 and 13 of the orders issued in connection with Criminal Code. investigations of a violation of Chapters 12 and 13 of the Criminal The rules have introduced greater Code. However, it has now been flexibility for PET’s opportunities widened to include also other PHoto: PET to collect information from other serious crime that entails risk to administrative authorities, and PET human life and health, and which in and PET. The report is available in has, among other things, used the practice often has or may have links Danish at www.ft.dk. rules to collect information from tax to more systematic and organised authorities, educational institutions crime, including gang-related crime. PET’s collection and transfer and social services. In the vast of information majority of cases, information The general rules for when PET is in a position to communicate has been collected concerning interception may take place have information to DDIS without being persons who are currently subject not been amended, and PET may obliged in each single case to of or have been subject of a major therefore not carry out telephone carry out a specific assessment investigation by the Service, such interception and obtain tele- and a balancing of interests in as the Glasvej Case (see page 53). information to any greater extent relation to the relevant piece of In addition, information has been than prior to the legislative information. Consequently, PET may collected from, for example, the amendment in 2006. Furthermore, communicate information to DDIS, Ministry of Business and Economic the courts of law may subsequently to the extent the communication Affairs in conjunction with PET’s have access to supervise the may be of importance to the ability efforts concerning financing of telephone numbers at which the of the two intelligence services to terrorism and non-proliferation. interception has been directed and perform their tasks. which have not been stated in the Court orders on persons in court order. Furthermore, a special statutory connection with telephone framework has been established for interception In practice, PET has gained positive PET’s collection of information from With the adoption of Anti-Terrorism experience of using court orders other administrative authorities, Package II in 2006, provision was on persons, and the provision has which means that these authorities made for a court order regarding been used, among other things, in are not obliged in each single case invasion of the secrecy of the investigations related to the

18 The danish security and intelligence service

Ensuring and supervising legality in relation to PET’s departments is achieved on an ongoing basis by, among other things, attaching the members of staff in the Legal Department to these departments as and when needed and involving the legal employees in the specific operations

terrorism cases from Vollsmose phone masts a suspect’s mobile been present at a certain location and Glasvej (see pages 49ff). phone has ongoing contact with, at a certain time. Furthermore, including information on the mobile tele-observation is suitable in Tele-observation cell used and, subject to circum- certain cases for substituting visual The application of so-called tele- stances, information regarding the observation of the suspect. PET has observation is explicitly regulated distance between the mobile phone primarily used tele-observation with by the Administration of Justice and the mast. the aim of supporting investigations Act, which specifies the conditions, in the terrorism field, where it has including a court order requirement, Tele-observation can contribute, proved to be an extremely valuable that must be fulfilled in order to for example, to focusing and and profitable tool. obtain information from providers shortening the investigation in of tele-net and tele-services. It relation to specific persons, because Disruption of radio or concerns, among other things, by using tele-observation it can be telecommunications information regarding which cell determined whether a person has For the purposes of preventing specific, imminent terrorist acts or other serious crime, the adoption of Anti-Terrorism Package II in 2006 saw the insertion of a provision in the Administration of Justice Act on disruption or disconnection of radio or telecommunications in very specific cases. Under the provision, the police may on the basis of a court order disrupt or disconnect radio or telecommunications provided there are decisive reasons for doing so with a view to preventing an offence which according to the Criminal Code is punishable by six years’ imprisonment or more, or an intentional violation of Chapters 12 and 13 of the Criminal Code. A further condition is that the offence may pose a danger to human life or limb or to substantial societal values.

The disconnection of radio and telecommunications may be used, for example, in cases where PET has specific information that a terrorist act will be committed at a certain photo: PET location using explosives which are

19 report 2008-2010

Therefore, traffic data in several cases has been of vital importance for enabling PET to identify the relations within a terrorist group or a terrorist network

planned to be detonated using cell provision means that the airline police for the purpose of invasion phones or other radio equipment. companies are required to register of the secrecy of communication, By disrupting or disconnecting and retain certain passenger data etc. Similarly, the provision opens telecommunications in the for one year, and to grant PET access up for determining specific admin- particular area, the Service can to this information without a court istrative rules regarding providers’ prevent such a terrorist act. order regarding violations of Chapters assistance to the police in connec- So far, PET has applied the provision 12 and 13 of the Criminal Code. tion with these invasive measures. in one case only. Furthermore, rules have been laid The logging requirement solely down regarding PET’s on-line access comprises traffic data, whereas the CCTV surveillance to the booking systems of airline content of conversations, e-mail In the Act on CCTV Surveillance, companies. These rules, how­ever, correspondence, etc. is not covered. a provision was inserted in 2006 have not yet come into force. according to which the police may In the light of this legal basis, request that public authorities or This means that at the present the Ministry of Justice issued private companies establish CCTV time, passenger data is obtained the so-called Logging Executive surveillance in accordance with with assistance from other Danish Order (Executive Order on the current legislation. A request to set authorities or through the application retention and storage of traffic up CCTV surveillance is expected of the Administration of Justice Act data by providers of electronic to be made in particular where it is rules on edition. The introduction of communications networks and found that this type of surveillance rules regarding passenger data is services) on 28 September 2006, may be of importance to preventing currently pending the outcome of which entered into force on 15 or investigating possible terrorist discussions in the EU. September 2007. The Logging attacks. A provision has furthermore Executive Order contains detailed been inserted in the Act on CCTV For PET, passenger data, including rules for the types of data which Surveillance which allows the information regarding the target telecommunications companies and police to make demands on public persons’ travel itinerary and travel internet providers, respectively, are authorities or private companies patterns, play an important role required to register and store for regarding quality standards for the in connection with investigating one year, and rules for how the data recordings of images on videotapes, terrorism. In this respect, it can is to be registered. film or the like as well as for the be absolutely crucial to determine storage of such recordings. when a person travelled into or out The information is to be registered of Denmark. and stored in such a manner that PET’s access to passenger it can be used as part of the police information Logging investigation and prosecution of In order to give PET swifter and The so-called logging provision in criminal offences. The general rules more effective access to standard the Administration of Justice Act regarding which conditions must be information about flight passengers was introduced through Act No. 378 fulfilled for the police to have the (passenger data), a provision has of 6 June 2002. The provision made relevant information surrendered been inserted into the Danish Air it obligatory, among other things, have not been changed. PET will Navigation Act, which gives the for telecommunications companies­ therefore be required, also in the Service access to this information and internet providers to “log” traf- future, to obtain a court order to from the airline companies. The fic data that are relevant to the have the information surrendered,

20 The danish security and intelligence service

or have the information surrendered Supervision by the Minister a court order in accordance with immediately, if the purpose of Justice the rules of the Administration of would otherwise be wasted, and On behalf of the Government, the Justice Act governing this area. subsequently present the matter to Minister of Justice supervises the court with a request that the PET’s activities, and the Service is Processing and handling of invasive measure be approved. subject to the Minister’s directions. personal data The Statutory Provisions issued by The so-called Wamberg Committee Tele-data and traffic data can be the Minister on 7 December 2009 supervises PET’s processing and used to help establish whether, and stipulate that the Director General handling of personal data. In if so to what extent, a suspected of PET is obliged to keep the December 2009, a new mandate for person has connections to other Minister informed of both general the Wamberg Committee was issued suspected persons or to persons and specific matters that are of (Appendix E). Similarly, the Ministry of who have not previously attracted considerable importance to the Justice at the same time laid down the attention of the Service. activities of the Service. new guidelines for PET’s processing Therefore, traffic data in several and handling of personal data. For cases has been of vital importance Parliamentary supervision the first time, these guidelines were for enabling PET to identify Under Act No. 378 of 6 July 1988, published (Appendix D). the relations within a terrorist the Folketing (Danish Parliament) group or a terrorist network. In has established a special committee The objective of the new guidelines this connection, it is extremely for the purpose of “supervising for PET’s processing and handling important to be able to obtain not the Danish defence and police of personal data is to ensure a only traffic data of recent date, but intelligence services” (Appendix more efficient and up-to-date also older traffic data in order to B). The committee consists of processing and handling of personal determine whether it relates to a five Members of the Folketing data by PET in connection with longstanding connection. appointed by the five major parties the implementation of PET’s new in the Folketing. In accordance with IT platform. At the same time, the Act, the committee must be the guidelines entail an extension OVERSIGHT AND SUPERVISION informed of the general guidelines of the Wamberg Committee’s PET is subject to several types of governing the activities of PET and oversight and a tightening of the external oversight and supervision. must be kept informed of important requirements to PET’s internal In addition, the Service endeavours, matters of a security policy nature. supervisory procedures on a number by means of establishing internal The members of the committee are of points. guidelines and ongoing internal bound by a duty of non-disclosure supervisory procedures, to ensure in respect of what they learn on the The guidelines lay down the principal that work methods and case committee. rules regarding which information processing are in full compliance with PET is permitted to process applicable rules. In this regard, PET Judicial supervision and handle as well as how long has, among other things, laid down In order to carry out a number PET may store the information. internal guidelines regarding the of investigative measures, such It is a fundamental principle for processing and handling of personal as telephone interception, it is the processing and handling of data, co-operation with sources and necessary for PET, in line with other personal data that PET may only PET’s international co-operation. branches of the police, to obtain store personal data insofar as the

21 report 2008-2010

processing and handling of such PET has formulated internal pendent IT accountant to act as data is essential for enabling PET to guidelines which are designed to adviser and assist the Committee perform its tasks. ensure that the Service processes with the planning and implemen­ and handles personal data in tation of the Committee’s random According to the new guidelines, the conformity with the rules laid down inspections of PET’s processing and Wamberg Committee must, among by the Ministry of Justice. These handling of personal data. other things, approve: internal guidelines also contain requirements to PET’s internal Oversight by The National • Registration of all Danish supervisory procedures, including Audit Office nationals and foreign nationals ongoing supervision of IT systems PET’s expenditures, including salaries, resident in Denmark and staff offices with a view to etc., are subject to the general audit • Extended storage of records kept ensuring that no data is stored of police accounts as undertaken by on Danish nationals and foreign outside PET’s record archives and Rigsrevisionen in collaboration with nationals resident in Denmark support databases. PET is required the audit section of the National beyond 10 years to keep the Wamberg Committee Commissioner and the auditors of • Extended storage of records kept informed of the results of the the Ministry of Justice. on non-resident foreign nationals internal supervision. beyond 20 years. A minor part of PET’s accounts, for • Creation of support databases, The Wamberg Committee meets example those regarding coverage i.e. databases that contain, seven to eight times a year at of sources’ costs, are, however, for example, personal data for PET’s offices and reviews the cases subject to a special audit procedure use in connection with PET that are to be approved by the involving a more thorough audit of investigations. Committee. Similarly, the Committee the expenses. This audit is carried • Transfer of information from carries out random inspections. out by a specially authorised PET’s record archives and support Once a year, the Committee is to employee of the National Audit Office, databases to other authorities in submit a report to the Minister of who is assisted by an auditor of the connection with matters relating Justice and the Minister of Defence Ministry of Justice. The specially to security clearance. on the Committee’s activities. authorised employee reports to the Auditor General regarding the audit In addition, the Wamberg PET provides secretarial assistance carried out. Reports are only submit- Committee is to be kept informed to the Wamberg Committee. How- ted to the Public Accounts Commit- of PET’s application of Section ever, the mandate for the Commit- tee in classified format if exceptional 116(2) of the Administration tee states that the Committee is circumstances make this necessary. of Justice Act regarding PET’s permitted to avail itself of expert collection of information from assistance, including secretarial PET has established a special other administrative authorities. assistance. The Wamberg Commit- controller function, which further Furthermore, the Committee is to tee thus has the opportunity to strengthens PET’s internal carry out random inspections of engage other secretarial assistance supervisory procedures regarding PET’s processing and handling of if the Committee wishes another the use of funds that the Service personal data. These inspections arrangement than the present one. has at its disposal. are to be supplemented by PET’s The Wamberg Committee has also internal supervisory procedures. recruited the services of an inde-

22 The danish security and intelligence service

Internal guidelines activities of the Danish Security According to the rules governing With a view to supporting the and Intelligence Service within the PET’s processing and handling ongoing supervision of legality in political sphere in the period 1945- of personal data, all cases PET, internal guidelines have been 1989. The Commission’s principal concerning registration of Danish drawn up in a number of areas for conclusion is that PET complied nationals or foreign nationals case processing and supervisory with applicable rules and that PET’s resident in Denmark must without control. This applies, for example, registration activities conformed exception be presented to the in relation to sources, where to the guidelines that had been Wamberg Committee for approval. guidelines have been formulated, approved by the Government. In Furthermore, the Wamberg including regarding supervision, addition, it was the Commission’s Committee’s random inspections documentation and managerial view that PET did not resemble a have been strengthened. The responsibility. The guidelines by state within a state that acted random inspections are planned and and large correspond to the rules according to its own norms and organised today by the Committee in contained in Notice No. 2/2005 standards, but on the contrary collaboration with an IT accountant issued by the Director of Public functioned as a part of the Danish appointed by the Committee and are Prosecutions concerning the use judicial system. conducted using IT-based solutions. of informants by the police. However, the Commission’s report Already in 1985, guidelines were laid In addition, internal guidelines does contain certain points of down for PET’s use of the so-called have been laid down governing criticism. The Commission, for working files, which are today called the passing on of information to example, observed a number of support databases. With the latest Danish and foreign partners. These cases where PET had not complied guidelines for PET’s processing guidelines stipulate, for example, with applicable rules in connection and handling of personal data, the that the passing on of sensitive with its registration activities. For Wamberg Committee’s supervisory personal data to foreign partners example, the Wamberg Committee, control of the support databases requires the approval of the Director which supervises PET’s procedures has been further strengthened, of the Legal Department in PET or in relation to processing and in that the creation of a support his or her authorised deputy. handling personal data, had been database requires the Committee’s misinformed in 20 cases or had approval, whilst the deadline for been withheld cases. Similarly, until deleting information in a support THE PET COMMISSION REPORT 1985 PET stored information in database may only exceed five years In 1999, a commission of inquiry working files in contradiction to in exceptional cases. (The PET Commission) was the rules. established for the purpose of THE BLEKINGEGADE examining a large number of In PET’s view, the cases where the INVESTIGATION aspects regarding PET’s activities PET Commission expresses criticism in the period 1945-1989. The inquiry are fully justified. At the same In June 2010, the Minister of Justice was also to comprise matters time, it is important to emphasise set up a Commission to investigate relating to the Blekingegade Case. that the areas criticised by the and report on whether the Ministry PET Commission today fall subject of Justice, PET or other relevant In June 2009, the PET Commission to other rules than those which central authorities obstructed the published its report on the applied at the time. efforts of the regular police and

23 report 2008-2010 photo: Scanpix

The Post Office at Købmagergade where a young police officer was killed when the Blekingegade gang fled after the robbery

THE WENDLER PEDERSEN the Prosecution Service to solve are registered in the records of COMMITTEE and prosecute the criminal offences PET and DDIS. The Committee is that, partly in the public debate, In 1998, the Ministry of Justice also to consider the possibility of had become linked to the group of set up a committee regarding the establishing an information scheme individuals who became known as Danish Security and Intelligence granting access to historical the Blekingegade gang. Service (PET) and the Danish information. Finally, the Committee Defence Intelligence Service (DDIS) is to present proposals for a more The Commission has been (The Wendler Pedersen Committee). general regulation of PET’s activities. tasked with, among other things, The principle task of the Committee investigating and reporting on the is to present proposal for The Committee is awaiting the extent to which PET had information clearer rules regarding the two findings of the PET Commission, which gave solid reason to suspect intelligence services’ registration and the Commission is expected to that members of the Blekingegade and storage of data on persons submit its report to the Minister of gang were responsible for and organisations in Denmark. Justice in the middle of 2011. committing the criminal offences Furthermore, the Committee is to in question. consider the question of citizens’ PET is not represented in the access to obtaining information on Committee, but PET regularly whether the persons concerned attends the Committee meetings

24 The danish security and intelligence service

The Commission’s principal conclusion is that PET complied with applicable rules and that PET’s registration activities conformed to the guidelines that had been approved by the Government

to answer questions regarding, for the rules regarding access to files It is thus not possible to take away example, the Service’s processing laid down in the Access to Public documents or have copies made and handling of personal data. Administration Files Act. of documents from PET’s record archives. On the other hand, the If the request concerns older person to whom access has been ACCESS TO FILES AND RECORDS information, PET will in general granted is permitted to take notes Access to files often no longer have any such on what the documents contain. PET regularly receives requests for information in its possession. The access to files from persons wishing reason is that out of regard for the Access to records to see any information that PET has protection of the individual citizen, In recent years, a number of about them. In extension of the PET special rules apply whereby PET, in researchers have been granted Commission’s report, PET has also situations where there is no longer access to the record archives of received a number of requests for basis for retaining records kept on PET in conjunction with extensive file access from citizens, including a citizen, must delete the records research projects of societal requests that refer to mention of and shred the physical records importance. This applies, for the person concerned in the report. relating to the particular case. example, to researchers from the Danish Institute for International All requests for access to files are In exceptional cases, however, PET Studies, who were granted access subjected to specific assessment in grants access to persons to see to the record archives of PET the Legal Department. However, as information regarding themselves. in connection with the report, a general rule, no access is granted In this regard, the Service has “Danmark under den kolde krig” to any personal data that PET might adopted a practice whereby (Denmark during the Cold War), have. The reason is that PET is not persons who are mentioned by name which was published in June 2005. comprised by the Act on Processing in the PET Commission’s report are of Personal Data and thus not by in general given an opportunity to In connection with a question the rules of the Act regarding right examine the information that is put to the Prime Minister on 21 of access (own access). Nor are kept in PET’s record archives and January 2003 regarding the study PET’s activities as a general rule which has served as the basis for of internal Danish conflicts during subject to access under the Public the reference to the particular the Cold War, the Folketing (Danish Administration Act for citizens person in the report. PET has also Parliament) passed a motion that wishing to inspect documents of previously employed this practice there must be as much openness as cases in which they are involved, in connection with the publication possible regarding what happened as these rules exclusively apply to of the report “Danmark under den during the Cold War and that other cases in which decision has been kolde krig” (Denmark during the researchers should be treated on taken or will be taken by an authority, Cold War), compiled by the Danish an equal footing with researchers which is not the case in the majority Institute for International Studies. from the Danish Institute for of PET’s cases. Lastly, the Access International Studies in regard to Public Administration Files Act If PET complies with a request for to requests for access to files does not apply to cases within the access to files, the person to whom and records. On the basis of this administration of criminal justice, access has been granted will only decision, access to PET’s record which means that the majority of be permitted to view the relevant archives was granted to researchers PET’s activities are not subject to information on PET’s premises. from the Centre for Cold War

25 report 2008-2010

Research, which is a public authority Number of immigration-related cases submitted to PET by the under the Ministry of Defence. immigration authorities: The access of researchers to UN quota cases the record archives of PET is

310 allowed after the researchers in question have been given security 327 clearance to examine the classified 206 information. Researchers wishing to reproduce classified information 0 100 200 300 400 500 in connection with the publication Immigration-related cases of theses, articles or similar may 217 only do so after PET has had prior

305 opportunity to address whether the information can be de-classified. 171

0 100 200 300 400 500 In extension of the PET Commission’s report, the Minister Work and study cases of Justice has acknowledged 968 that researchers as a rule are to 1.440 be given opportunity to examine

2.560 the same material that the PET Commission has had at its disposal.

0 500 1.000 1.500 2.000 2.500 3.000

Family reunification cases IMMIGRATION-RELATED CASES 650 Under the Aliens Act, the 1.170 immigration authorities may without 1.290 consent pass on data on foreign nationals to PET and DDIS, to the 0 500 1.000 1.500 2.000 2.500 3.000 extent the passing on of data may be of importance to the intelligence Visa cases services’ ability to perform security 15.164 tasks. 19.401 5.406 Information about a foreign national may in particular be of 0 5.000 10.000 15.000 20.000 25.000 relevance to PET if there are facts indicating that the person concerned is involved in terrorist- 2008 2009 2010 related activities, has connections with certain foreign intelligence

26 The danish security and intelligence service

and security services or criminal the Criminal Code, but where the In connection with the processing organisations, or has been involved information is of such a nature that of a case in accordance with in war crimes, arms trafficking or out of regard for foreign partners, section 45b, the Minister of Justice the proliferation of arms. PET’s work methods or PET’s may decide that the information sources and ongoing investigations, resulting in the assessment may According to specific criteria, PET this information cannot be made not, for security reasons, be receives certain immigration- public during a criminal trial. transmitted to the foreign national related cases (asylum, residence assessed and to the immigration and visa cases) in order to carry out Regard for national security as laid authority having to make a decision an assessment of whether a foreign down in Section 25 of the Aliens in the case, cf. section 45 b(2). national must be considered a Act comprises in particular the threat to national security. PET has interests that are protected by Both the decision regarding the briefed the immigration authorities Chapters 12 and 13 of the Criminal risk assessment itself and the on the types of information that Code, namely offences against the decision of the immigration may be of special interest to the independence and security of the authorities regarding expulsion Service. These criteria are assessed State as well as offences against may be brought before the courts. and adjusted on an ongoing basis by the Constitution and the supreme Through an amendment to the PET. Furthermore, matters relating authorities of the State, terrorism, Aliens Act in 2009, new rules to the grant of nationality are etc. However, the wording does not regarding treatment by courts in submitted to PET. rule out that also other interests these matters were introduced. of great societal importance may Expulsion of foreign nationals in be taken into consideration through The access to keeping information the interests of national security the application of the provision. secret is of vital importance Section 25 of the Aliens Act to PET’s activities, including provides for the expulsion of a In relation to administrative collaboration with other nations’ foreign national residing in Denmark decisions regarding expulsion in intelligence services and other if the person in question is deemed the interests of national security, partners, and thus a fundamental a threat to national security. The section 45 b(1) of the Aliens Act precondition for effective action decision to expel may be made by stipulates that it is the Minister to prevent terrorist acts and fight means of an administrative order of Justice who is to assess whether terrorism. These considerations, or a sentence passed by a judge in a foreign national must be deemed among other things, explain why the connection with a criminal trial. a threat to national security. The new procedural rules in the Aliens assessment is carried out on the Act retain a provision whereby Cases relating to the administrative basis of a recommendation from the information or parts of the expulsion of foreign nationals in the PET. If the Minister of Justice information that have provided the interests of national security may, decides that the foreign national basis for the assessment that a for example, be initiated in cases must be deemed a danger to national foreign national must be deemed a where PET through its investigation security, the immigration authorities danger to national security can be has obtained information that shall decide on whether the withheld from the foreign national in gives reason to suspect the foreign national is to be expelled in question. foreign national of committing a accordance with section 25 of the crime under Chapter 12 or 13 of Aliens Act.

27 report 2008-2010

The access to keeping information secret is of vital importance to PET’s activities, including collaboration with other nations’ intelligence services and other partners, and thus a fundamental precondition for effective action to prevent terrorist acts and fight terrorism

The new rules have meant that applies to situations where, on the a certain place of accommodation the judicial review of the case can basis of a concrete assessment, and an obligation to report to a be divided into an open part and the court finds that there are no specific authority. a closed part. In the open part, security reasons that can justify the information that PET may the information in question not Two cases are currently being tried de-classify is presented, provided being made known to the foreign in accordance with the new rules in that, for example, regard for the national. In such instances, the the Aliens Act. The first relates to a Service’s partners does not argue information shall be presented Tunisian national who was arrested against the information being in the open part, including in the on 12 February 2008 for attempting made known to the foreign national presence of the foreign national, to perpetrate a terrorism-related in question. The foreign national or PET is permitted to choose to killing of the cartoonist, Kurt participates together with his or her withdraw the information from the Vestergaard. The second relates to lawyer in the open part of the case. case. If PET chooses to withdraw an Iraqi national who, among other the information, the case shall be things, is suspected of recruiting If, during a case, it is necessary tried in front of other judges. terrorists to Iraq. Both cases have to present classified information, been tried in the High Court, but including information that originates If a decision is reached that a have since been brought before the from the intelligence services of foreign national is deemed a Supreme Court. PET attends the other nations, this may take place danger to national security, the trials together with the Legal Adviser during the closed part, where the foreign national will, as a rule, have to the Danish Government, who three judges who are to decide his or her residence permit revoked represents the State in civil cases. on the matter, the representative and be deported to the country of the Minister of Justice and a of which he or she is a national. specially appointed lawyer who A foreign national who is expelled represents the foreign national are from Denmark may not, however, present. Under the new procedure, be deported to a country where the three judges who are to decide he or she risks being subjected on the matter are thus presented to torture, etc., and therefore with all the information that has situations may arise where a warranted the risk assessment. foreign national who is deemed a danger to national security cannot In addition, rules have been be deported to his or own home introduced whereby the court on country. In such instances, the its own initiative or in response to foreign national will be granted a request by the specially appointed exceptional leave to remain in lawyer may decide that information Denmark by the immigration that the prosecution wishes to authorities. This entails that the present during the closed part foreign national may be subjected of the case is to be transferred to a number of control measures, to the open part. The provision including a requirement to reside in

28 The danish security and intelligence service

29 report 2008-2010

Assistance to 3. the police districts

PET provides extensive operational assistance to the police districts in assistance to the police districts, connection with hostage situations, particularly in connection with dangerous arrest operations, efforts to fight organised crime. difficult intervention assignments The assistance to the police districts and other special assignments is provided according to specified where the standard police training guidelines and on the basis of a or equipment is inadequate. The specific assessment. This requires police district that has requested that the police districts gradually assistance from the Special build up their own capacity and Intervention Unit in connection with expertise to enhance their ability to a police assignment is responsible perform standard surveillance tasks for the initiation and implementation and carry out forms of technical of the police operation. intervention that are not particularly difficult or require special equipment. Surveillance assistance The Surveillance Unit provides PET’s operational assistance to the assistance to the police districts in police districts is thus confined to connection with surveillance under tasks that require very specialised difficult conditions and cross- competencies or expertise which border surveillance. In addition, would not be possible in practice the Surveillance Unit provides to build up and maintain at the assistance to the police districts required level in all police districts. in the form of training officers in The assistance is provided mainly the police districts to undertake by PET’s Special Intervention Unit, surveillance assignments. the Surveillance Unit, the Technical Support Centre and the Negotiation Technical assistance Group, as well as Witness Protection The Technical Support Unit and Under Cover Agent Operations. provides technical assistance to the police districts in connection In 2009 and 2010, the assistance with surveillance and investigation, provided to the police districts by the including video-surveillance, Special Intervention Unit, the Surveil- tracking and interception, if the lance Unit and the Technical Support intervention is particularly difficult Centre accounted for 39 per cent or complex to implement or requires and 43 per cent respectively of the the use of special equipment. The total number of tasks performed by Technical Support Unit also provides these units during this period. assistance in the form of providing technical training to officers in Special police operations the police districts who perform The Special Intervention Unit tasks in connection with technical provides, among other things, investigation.

30 The danish security and intelligence service

that the police districts can implement in order to protect threatened persons. In addition, the Witness Protection Unit provides assistance in concrete witness protection cases where the circumstances require the use of special competencies, for example with a view to implementing specific protective measures to neutralise a threat to a witness in connection with criminal trials.

Photo: PET In exceptional cases, where the measures that can be implemented by the police districts are not The police district which requests or ideological goals. The Negotiation deemed to be adequate for assistance from the Technical Group also provides assistance in effectively protecting witnesses Support Unit is responsible for connection with Danish nationals or threatened persons, the Witness the criminal investigation, including and foreign nationals resident in Protection Unit can provide for ensuring that the question of Denmark who have been taken assistance to the police districts the legality of coercive measures hostage abroad. In this connection, by setting up an actual witness in criminal procedure is submitted the Negotiation Group assists, for protection programme. to the court. Similarly, the police example, with situation analyses, district is responsible for reviewing negotiation strategy, planning of Under Cover assistance and storing the information solution scenarios and logistics in The Under Cover Agent Operations collected. relation to the negotiation process Unit provides assistance to the as well as providing support and police districts in connection with Assistance from the advice to the relatives. In addition, investigations that require the Negotiation Group the Negotiation Group provides deployment of undercover police The Negotiation Group provides advice to the Danish Ministry agents in accordance with the assistance to the police districts of Foreign Affairs and Danish provisions regarding agents of the in connection with incidents diplomatic missions abroad, partly Danish Administration of Justice Act. that require negotiation, etc. in by drawing up general strategy order to avoid use of force, avoid plans and implementing support The police district that requests damage, collect information or measures on the premises. assistance from the Under promote surrender. The Negotiation Cover Agent Operations Unit Group also provides assistance Assistance from the Witness is responsible for the criminal in connection with kidnapping Protection Unit investigation, including for ensuring and hostage situations, including The Witness Protection Unit that the question of the legality family-related kidnappings and provides assistance in connection of the police agent deployment hostage-takings that have financial with advice regarding measures is submitted to the court.

31 report 2008-2010

Threats to Danish 4. interests abroad

Late Monday morning on 2 June western and eastern Africa as well 2008, the Danish Embassy in Islama- as in Iraq, Pakistan and Afghanistan bad was hit by a terrorist attack, in have previously abducted Westerners. which several people were killed. The PET’s Center for Terror Analysis suicide attack was carried out using (CTA) assesses that militant a car bomb. The car, a white Toyota Islamist groups in these countries Corolla, drove up to the Embassy at still harbour a desire to abduct high speed. Initially, the car drove Westerners, including Danes. past the entrance to the Embassy before jamming on the brakes. Despite the substantial terrorist A few seconds later, the car was threat to Danish nationals in certain brought to explosion five metres places abroad, CTA assesses that from the Embassy entrance. Three the primary terrorist threat to months later, al-Qaida broadcast Danish nationals abroad is connected a video with the suicide bomber with the fact that Danish nationals standing next to the car that was typically congregate in places used in the terrorist attack. frequented by other Westerners, such as tourist areas, nearby tourist The suicide attack illustrates attractions, embassies, etc. These how Danish diplomatic missions places may generally be singled out or other obvious Danish targets by terrorists as potential targets; abroad may be particularly at this was the case with the terrorist risk of terrorist acts. attack on the Hotel Marriott in Islamabad in Pakistan on 20 Sep- There is a considerable terrorist tember 2008, in which a PET staff threat to Danes and Danish member was killed. interests in certain places abroad, particularly where people or interests THE RAPID DEPLOYMENT TEAM can immediately be identified as Danish. This applies in particular to On the basis of the lessons learned conflict areas where militant Islamist from the terrorist attack on the groups are activ e, especially in Danish Embassy in Islamabad in certain countries in North, West and 2008, PET established a Rapid East Africa as well as the Middle Deployment Team (RDT) in 2009. East, Pakistan and Afghanistan. RDT is embedded in PET’s As a result of militant Islamists’ Operational Department and must prioritisation of Denmark as a be able with few hours’ notice terrorist target, Danish nationals after an attack on Danish nationals may also be vulnerable to targeted or Danish interests abroad to abductions in certain places abroad. travel to the particular location, Militant Islamists in northern, no matter where it is in the world.

32 The danish security and intelligence service

At the location, the officers must, among other things, be able to provide the necessary support with respect to investigation, analysis, explosives expertise, contact with local authorities and negotiating expertise in the event of an abduction.

1. 2. EMBASSY SECURITY PET has expanded its range of security advice to the Ministry of Foreign Affairs and other Danish authorities and companies regarding security-related issues abroad. The advice relates in particular to physical security, information security and staff security. Read more about these 3. 4. areas in Chapter 14 on preventive security and preparedness.

The International Security Team In 2009, in light of the heightened threat picture, PET established an International Security Team and expanded the scope of the security advice it provides to Danish authorities and companies abroad.

5. 6. The International Security Team comprises PET staff members who for shorter or longer periods can be posted to Danish embassies abroad if necessitated by the threat of terrorism, for example in connection with a sudden and significantly increased threat to a Danish embassy. The posted members of staff are given the task of implementing the necessary 7. 8.

33 report 2008-2010

The International Security Team extends on the work that the security advisers in PET’s Preventive Security Department carry out in relation to the security of the Danish diplomatic missions

security measures at the location The regional security advisers of and establishing close co-operation the Ministry of Foreign Affairs and with local authorities. the Ministry’s Security Department in Copenhagen remain responsible In connection with being posted for the security of the Danish abroad, the International Security diplomatic missions abroad. Likewise, Team must, among other things, it is the Ministry of Foreign Affairs perform the following tasks: which makes decisions regarding the implementation of specific • Advise and supervise security security measures. aspects, including in particular the surveillance duty carried out The establishment of the new by local guards in co-operation International Security Team reflects with the local security authorities PET’s increasing focus beyond • Contact the host country’s Denmark’s borders as an important security authorities for validation focus when it comes to Denmark’s Karsten Krabbe, who was killed of specific threats security. It is the assessment of PET during the terrorist attack on • Support the work performed by that the Service will increasingly be the Hotel Marriott in Islamabad the Ministry of Foreign Affairs’ engaged in more activities abroad, in Pakistan on 20 September 2008, regional security advisers to the not only to protect Danish nationals was posted as a PET security extent necessary. and Danish interests abroad, but adviser to the Danish Embassy in also to prevent foreign-based Islamabad. Karsten Krabbe joined The International Security Team is terrorist attacks in Denmark. the police in 1976. From 1982, he not tasked with providing actual was, for many years, a detective physical protection of the diplomatic in the Copenhagen Police, where mission or its staff, but they must he, among other things, worked enhance security at the diplomatic in the Department for Robbery mission through providing specific and the Department for Economic tactical advice and collaborating Crime. In addition, Karsten Krabbe with local authorities. had been posted on international assignments in, among other places, The International Security Team Croatia, Bosnia and Palestine. From extends on the work that the 2006 until his death, Karsten Krabbe security advisers in PET’s Preventive was employed in PET’s Security Security Department carry out Department, where he served in in relation to the security of the the Security Team, which performs Danish diplomatic missions, and special surveillance and personal does so in close collaboration with protection assignments. the Ministry of Foreign Affairs’ regional security advisers. Let us honour his memory.

34 The danish security and intelligence service

35 report 2008-2010

International 5. co-operation

The international and cross-border the efforts directed against nature of, among other things, the international terrorism. terrorist threat entails that PET has extensive co-operation with This co-operation takes the form foreign intelligence, security and of direct bilateral contact with police services as well as other foreign security and intelligence relevant foreign authorities. services and other relevant organisations. It involves, among The ongoing co-operation with other things, co-operation in foreign partners takes place both connection with joint operations at the operational level in connection and exchange of information about with specific investigations and at persons and groups that may pose the general level, for example in a security threat, including to order to monitor the level of threat. Denmark, Danish interests abroad Depending on the circumstances, or foreign interests in this country. the operational co-operation may entail the exchange of personal In order to ensure continued data, whilst the general co-operation effective counter-terrorism efforts, may involve the sharing of strategic it has been necessary for PET to information as well as information expand the collaboration with a concerning new investigative number of countries with which methods, focus areas, technology, PET has not previously had any training, operational capacity, etc. close co-operation, but which are of special importance to the efforts PET’s international co-operation to fight terrorism. This applies to comprises not only counter-ter- countries in North Africa and the rorism, but also counter-espionage, Middle East, among others. counter-extremism and fighting­ organised crime. Similarly, the MULTILATERAL CO-OPERATION ­co-operation takes place at both the multilateral and bilateral level. PET participates in comprehensive multilateral co-operation, which takes place, for example, in the BILATERAL CO-OPERATION so-called Club de Berne and in the The terrorist acts in recent years Counter Terrorism Group (CTG) of against the Western World have the EU Member States. underlined the need for close and intensified international The Club de Berne is a co-operation co-operation between authorities forum between the national and relevant organisations that security and intelligence services in various ways are involved in of most EU Member States as well as Norway and Switzerland. The

36 The danish security and intelligence service

heads of the services concerned IT system development, etc. are laid down in Section 28 of the Public meet on a regular basis to discuss discussed. Administration Act, which refers to intelligence and security issues. the rules in the Act on the Processing Similarly, a number of working of Personal Data (Personal Data EXCHANGE OF INFORMATION groups have been set up under the Act), including Sections 6-8. WITH FOREIGN PARTNERS auspices of the Club de Berne. The According to the Personal Data objective of the forum is to foster The co-operation between PET Act, these provisions do not apply both co-operation and exchange of and foreign partners takes place to PET, although the principles set information and experience between in accordance with Danish and out in these provisions provide a the security and intelligence services international law. certain degree of guidance in respect of the member countries. Denmark to the Service’s assessment of became a member of the Club de According to the Statutory whether a piece of information can Berne in 1972. Provisions issued by the Ministry be passed on. of Justice on 7 December 2009 The CTG was established by the to the Director General of PET, In all cases, the disclosure of heads of the security and intelligence detailed internal guidelines shall information to foreign authorities services in the EU Member States be laid down for the Service’s requires a specific assessment to following the terrorist attacks on passing on of information to be carried out in each single case. 11 September 2001. The group has foreign authorities. Guidelines for In this regard, the interest that the a rotating presidency, which follows passing on information to Danish person to whom the information the Presidency of the EU. Work and foreign authorities as well as concerns has in the information conducted in the group focuses on collecting certain information were being kept secret must be weighed militant Islamist terrorism and laid down on 7 December 2009. The against the nature and importance comprises in particular the drawing Statutory Provisions also state that of the private and public interests up of joint threat assessments as any disclosure of sensitive personal that can justify the transfer of this well as discussion of initiatives to data to foreign authorities requires information to another authority. strengthen the operational co- the prior approval of the Director operation on combating terrorism. of PET’s Legal Department or his or When assessing whether information her authorised deputy. should be passed on, particular In addition, PET participates emphasis is placed on the purpose in a number of working groups With respect to the passing on of of the disclosure, including whether within the framework of the EU information to foreign authorities, the disclosure is necessary in order and NATO as well as in a large it is the rules regarding duty of to prevent and investigate serious number of other larger and smaller confidentiality that regulate to international crime, which Denmark multilateral fora, where experience what extent the Danish Security also has a significant interest in and best practices are shared and and Intelligence Service can transfer eliminating. where strategy and competence information. The rules regarding development are discussed. duty of confidentiality are laid down Emphasis is also placed on whether Furthermore, specific training and in Section 152 et seq. of the Criminal the disclosure takes place within education activities, management Code and Section 27 of the Public the framework of a mutually and quality development as well as Administration Act. Rules governing operational co-operation, whereby the passing on of information are the receiving authority abroad will,

37 report 2008-2010

When PET receives information from a foreign partner, a detailed investigation may be carried out, depending on the circumstances, in order to assess the credibility of the information

as part of this co-operation, in investigations. Similarly, it may be similar way place information at the relevant to seek to have information disposal of PET in cases where such validated further by approaching information may be of importance, the Service’s foreign partners. for example, for enabling serious crime to be fought in Denmark. In addition, there will often be cause to re-approach the intel- In addition, importance is attached ligence service that has passed to whether the person whom the on the information with a view information concerns, on the one to ­having further clarified the hand, is a Danish national or a foreign ­information. In some instances, national with permanent residence it will also be relevant to seek in Denmark or, on the other hand, a ­clarification regarding how the foreign national who is not resident information was obtained. in Denmark. However, out of regard for Furthermore, emphasis is placed protecting sources, intelligence on the conditions in the recipient services are normally very reluctant country, including whether the to state how information is obtained. information received in practice Information from foreign partners can be assumed to be used in a way which might possibly have been that safeguards the legal rights of obtained through the use of torture the person in the particular country. will, in the same way as other If there is basis for assuming that information, be included in the the sensitive personal data will investigations of PET. However, PET provide the basis for use of torture is very aware that such information or another form of degrading and may have very low credibility. inhumane treatment or punishment, According to Danish law, information PET will not pass on the information that has been obtained under torture to a foreign partner. cannot be used as evidence during a trial held in a Danish court, unless When PET receives information it relates to a criminal trial against from a foreign partner, a detailed a person who is charged with being investigation may be carried out, responsible for the torture. depending on the circumstances, in order to assess the credibility of the information. In this connection, the information will be compared with the knowledge that the Service might already have in its possession or which the Service is able to obtain through other

38 The danish security and intelligence service photo: Scanpix

39 report 2008-2010

The Center for 6. Terror Analysis

The Center for Terror Analysis of terror-related phenomena, such (CTA) was established in PET on as analyses of terrorist groups 1 January 2007. CTA was set up and threats abroad that are of as part of the implementation importance to Denmark. of the Government’s Action Plan for the Fight against Terrorism. The threat assessment is updated CTA analyses the threat of terror- at appropriate intervals, or in the ism against Denmark and Danish event of sudden and significant interests abroad. The analyses aim changes in the threat picture. to provide Danish authorities with a better basis for preventing and The purpose of publishing an neutralising terrorist acts. assessment of the terror threat against Denmark is to provide The CTA comprises staff from citizens with a more extensive and the Danish authorities that play a better understanding of the threat key role in the fight against terrorism. from terrorism. Furthermore, the These employees are analysts from purpose is also to meet the the Danish Defence Intelligence increasing interest of the public Service (DDIS), the Danish Security for this area and at the same time and Intelligence Service (PET), the to avoid the formation of myths and Danish Ministry of Foreign Affairs misunderstandings. Therefore, it has and the Danish Emergency been decided to publish a summary Management Agency (DEMA). of the current terrorist threat and a lengthy report describing the elements in further detail. The THREAT ASSESSMENTS assessment, however, includes no CTA regularly prepares an specific recommendations for assessment of the terror threat the citizens. In case the threat against Denmark, which is, among assessments should give rise to other things, published on PET’s specific recommendations, these will website. be given directly by the authorities responsible, such as Ministry of The assessment of the terror Foreign Affairs, the Danish threat against Denmark is a Emergency Management Agency and concentrate of an underlying the national police districts. In the analysis that has been borne cases where the analyses give rise out of CTA’s broad analysis work, to specific recommendations to stretching from specific threat certain sectors or industries, these assessments in relation to specific will be given by PET. individuals and events to broader trend analyses and assessments

40 The danish security and intelligence service

OTHER CTA ANALYSES Each year, CTA prepares more than 200 analyses, etc. in relation to the terror threat against Denmark,

Danish interests abroad and trends              in the terrorism field. The majority  of these analyses are prepared on              the basis of classified information,   either for operational use in PET or    
               ­   €    for use by other authorities.       ‚ ƒ     R  The heightened negative focus on    €             ­       Denmark that arose among leading €                   militant Islamists abroad following € ­€        †­‡ˆ ­
 ˆ€   the reprinting of the cartoons    of the Prophet in February 2008        €  ­   € € €­  ‰ €    
     Š  has naturally meant that CTA has ‹    reported and assessed the concrete • “The threat   ­‰ from solo terrorism Œ  threats as well as prepared a and “lone wolf” terrorism”, 5 April number of analyses examining 2011 the background for al-Qaida’s  focus on Denmark, particularly the These analyses are available on importance of these threats. PET’s website.

Unclassified analyses in this area Similarly, CTA has prepared a in English include, for example: number of analyses for use in • “Sprogbrug og terrorbekæmpelse” criminal trials related to terrorism. (Language use and counter- In addition, some CTA members of terrorism – only available in staff have given testimony in court Danish), 31 January 2008 during these trials. • “The Cartoon Case from al-Qaida’s ideological perspective”, Furthermore, CTA contributes to 16 June 2009 the Ministry of Foreign Affairs’ • “Al-Qaida’s propaganda technique ongoing efforts to enhance the and argumentation”, 25 November security of embassies, partly in 2009 the form of preparing threat • “Youtube og Facebook – de assessments for use in connection nye radikaliseringsværktøjer?” with protecting Danish diplomatic (Youtube and Facebook – the missions abroad. CTA analyses are new tools of radicalisation? – only also used for the travel advice of available in Danish), 25 March 2010 the Ministry of Foreign Affairs.

41 report 2008-2010

PET’s operational 7. efforts

PET’s operational tasks are embed- The means and methods at the ded in PET’s Operational Department. disposal of PET in the operational The Department is charged with field are among others: invasion the task of identifying, preventing, of the secrecy of communication, investigating and countering observation, video and photo threats to freedom, democracy surveillance, searches, sources and security in Danish society. (informants and agents), as well as data processing and analysis. In The Operational Department consists addition, the means and methods of three centres: the Centre for include interviews, interrogations, Counter-Terrorism, the Centre for records checking, the collection and National Security (counter-espionage­ communication, also electronically, and counter-extremism), the Centre of information to and from for Organised Crime and a cross- authorities or other partners in functional unit – Special Operations. Denmark or abroad as well as the In addition, a general staff team is monitoring of open sources, such attached to support the Operational as newspapers, TV, electronic news Department comprising, among media and the internet. others, operational analysts, administrative staff and a Planning If PET’s efforts lead to a situation and Development Office. where a person is to be charged, PET will inform the Prosecution Service. At the individual centres, intelligence The investigation will subsequently staff collect and process information be conducted according to the Pros- that is subsequently analysed by ecution’s specific directions, but in operational analysts. The operational concord and co-operation with PET. analysis work is conducted with a view to targeting continued It follows from the Statutory intelligence work and, if necessary, Provisions of 7 December 2009 involving investigators. regarding PET issued by the Ministry of Justice that any As part of the implementation invasive investigative measures, of specific operations, special including invasion of the secrecy of operational groups will normally communication, must in each single be set up with the participation case be approved by the Director of intelligence officers, analysts, General of PET or by the Director investigators and legal advisers. of PET’s Legal Department. If the investigative measures in question When collecting and handling require a court order, this approval information, PET makes use of all must be obtained before the the means and methods that are matter can be brought before the at the disposal of the Service. court. The practical implementation

42 The danish security and intelligence service

When PET’s Operational Department is to analyse the circles surrounding potential terrorists, among other things, they study their networks.

regarding telephone interception prevent a development that can In respect of new threats since the implemented on the basis of a court lead to violation of the Danish terrorist attacks on 11 September order regarding the person must, Criminal Code’s provisions regarding, 2001, it is the experience of PET that for each single telephone number, for example, terrorism. the Service must be prepared to a be submitted for prior approval to much greater extent than earlier not the Director General of PET or the In a number of situations, preventive only to counter the threats, but also, Director of PET’s Legal Department. interviews are not a relevant or among other things for preventive appropriate means of intervening reasons, to ensure that criminal law Once PET has identified a specific in response to identified threats. investigation and prosecution is security threat, PET will address This applies, for example, if PET implemented with respect to the the threat with the means which, finds that such an interview cannot perpetrators in situations where the in the specific situation, are found effectively and safely neutralise Criminal Code is violated. to be the most relevant, appropriate the specific threat, or if the and effective in order to prevent planning has progressed so far that In certain cases, it will, however, the specific threat from being criminal offences have already been not be possible to implement an carried out. This can take the form committed. investigation and prosecution in of, among other things, preventive the specific cases. This applies, for interviews, in which the aim is to example, to cases where regard

43 report 2008-2010

Once PET has identified a specific security threat, PET will address the threat with the means which, in the specific situation, are found to be the most relevant, appropriate and effective in order to prevent the specific threat from being carried out

for the Service’s work methods, sources and partners renders it impossible to initiate public criminal proceedings. Furthermore, there are situations when PET will, for security reasons, be obliged to take steps to counter certain specific threats at such an early stage that there will not be sufficient evidence for initiating criminal proceedings and for conviction, even though it may be necessary to arrest and charge individuals in connection with PET’s intervention.

In accordance with the Administration of Justice Act, the Prosecution Service decides whether to initiate criminal proceedings. This also applies to cases within the field of responsibility of PET. In certain cases, the Minister of Justice decides whether to initiate criminal proceedings subject to recommendation by the Director of Public Prosecutions.

The trial of cases within the field of responsibility of PET takes place according to the rules laid down in the Administration of Justice Act. This means, among other things, that the information which PET has obtained during the investigation of the case is included in the crimi- nal case, so that the counsel for the defence has the possibility to become acquainted with the mate- rial. However, the Administration photo: P E of Justice Act contains rules that are applicable to all criminal cases, T and which imply that the defence

44 The danish security and intelligence service

counsel’s access to documents may open courts as a general rule, which be departed from through a court means that, for example, reporters order requested by the police if have the opportunity to attend the required by regard for, for example, trial, including the opportunity to foreign powers, national security, listen to the evidence given by the the life and limb of third parties, accused and witnesses. However, and the protection of confidential the Administration of Justice Act information about police investiga- contains rules making it possible tion methods. The defence counsel’s for police officers with special access to documents may, however, functions to give evidence on special not be departed from if it would conditions. This applies, for example, give rise to considerable misgivings to staff who carry out observation with regard to the conduct of the tasks and staff who are in ongoing defence of the accused. contact with PET’s sources. If PET members of staff are to give In connection with the processing evidence in connection with a of such a request, a special attorney terrorist case, it may therefore will be appointed to safeguard the be necessary to ask the court to interests of the accused. The court decide that the evidence should be and the specially appointed attorney given in camera, that the accused will have the opportunity to become should not be present during the acquainted with the material that testimony, and that the identity of constitutes part of the criminal the witness should not be revealed. case and the material that is requested to be excluded from the criminal case. If it is decided to depart from the defence counsel’s access to documents, the information to which this decision refers will not be included in the criminal case. This means that the court which is to deal with the criminal case, the counsel for the defence, and the accused will not learn of this information, nor will the parties concerned be informed that a decision has been taken to exclude certain information from the criminal case.

As in other criminal cases, the trial of terrorist cases takes place in

45 report 2008-2010

8. Counter-terrorism

As a result of changes and intensified whenever comparable developments in the threat picture, cases have appeared in Denmark and PET has in recent years dedicated abroad that have been perceived as increasing resources to identify a provocation against Islam. and counter specific threats of terrorism targeted against Declarations from al-Qaida and Denmark, Danish nationals or Danish related groups underline the interests abroad. PET thus conducts, continued strategic focus on on an ongoing basis, numerous Denmark of militant Islamist investigations directed at groups, terrorist groups. CTA assesses that networks and individuals in Denmark the capacity and will to carry out and abroad that are suspected of a terrorist attack using relatively posing a security risk. These efforts simple means is present in Denmark. are embedded in PET’s Centre for This is emphasised, for instance, Counter-Terrorism. by the terrorist case from Glasvej in Copenhagen, where two people in October 2008 received lengthy THE THREAT AGAINST DENMARK prison sentences, and also by the In recent years, Denmark and the terrorist cases from Vollsmose rest of the Western World have and Glostrup, where a number of experienced an increasing threat individuals in 2007 received lengthy of terrorism. prison sentences for attempting to commit acts of terrorism. PET’s Centre for Terror Analysis (CTA) assesses that Denmark There are also renewed indications continues to face a serious threat that terrorist groups abroad of terrorism from networks, groups are seeking to send terrorists and individuals who adhere to a militant Islamist ideology. One of the individuals of the “Glasvej-case” who was convicted on preparing In particular, the reprinting of the an act of terrorism is cartoons of the Prophet in February preparing the unstable 2008 has meant that explosive TATP. Denmark and Danish interests are considered a high-priority terror target among militant Islamists.

A tendency has been observed where the focus on Denmark has typically

photo: PET

46 The danish security and intelligence service

As a result of changes and developments in the threat picture, PET has in recent years dedicated increasing resources to identify and counter specific threats of terrorism targeted against Denmark, Danish nationals or Danish interests abroad

to Denmark in order to commit Denmark. During the investigation, i.e. without warning. The terrorist terrorist attacks. A number of information has emerged of links attacks in Madrid in 2004 and people residing in Denmark have between one of those arrested London in 2005 are clear examples also travelled to conflict zones, and established militant Islamist of such attacks. primarily in Somalia and Pakistan, terrorist groups. One of the arrested in order to receive militant persons has, among other things, OSAMA BIN LADEN KILLED training or participate in hostilities confessed to planning terrorist against, among other things, the attacks in Denmark. On 2 May 2011, American soldiers international military presence and killed the al-Qaida leader, Osama bin local authorities. It is possible that Furthermore, in July 2010, in the Laden, in his hideout in Pakistan. some of these individuals will return first edition of the online English- It is the assessment of PET that to Denmark and use their skills to language magazine, Inspire, which is in the short run, the death of continue carrying out terrorism- published by al-Qaida in the Arabian Osama bin Laden may increase the related activities. Peninsula, focus was placed on risk of militant Islamist attacks, persons related to the cartoons of particularly in Pakistan and possibly There is a specific terrorist the Prophet. In PET’s view, Inspire in Afghanistan. Furthermore, PET threat to persons and locations is yet another example of how assesses that the ideological with connection to the cartoons al-Qaida has become increasingly message about global militant depicting the Prophet. Since 2007, professional in its propaganda Islamist fight against the West will militant Islamists in Denmark and and employs new methods to survive the death of Osama bin abroad have on several occasions communicate its messages, which Laden and continue to inspire other planned, and in certain instances, to a greater extent than before are terrorist groups, networks and attempted to carry out attacks targeted at recipients in Western individuals. against the Danish cartoonist countries. It is the assessment of Kurt Vestergaard or the Danish PET that through the magazine In respect of Denmark, it is the newspaper Jyllands-Posten Inspire, as well as in the network’s assessment of PET that the threat that printed the cartoons. In other propaganda, al-Qaida seeks picture remains unchanged as a September 2010, a person at the to maintain and perhaps strengthen result of the death of bin Laden Hotel Jørgensen in Copenhagen militant extremists’ negative focus and that militant Islamist groups, inadvertently detonated a bomb on Denmark and Danish interests. networks and individuals will that was most likely intended for continue to pose a serious terror Jyllands-Posten. In January 2010, CTA assesses that militant Islamists threat against Denmark and Danish a person attempted to carry out an in Denmark and abroad also in interests abroad. attack on Kurt Vestergaard at his the long term will regard persons home, and the person accused of and places with connection to The circumstances related to this terrorist act was sentenced to the cartoons of the Prophet as the death of Osama bin Laden nine years in prison in February 2011 legitimate and attractive targets meant that PET took a number of (the case has since been appealed for attack. additional measures with the object to the High Court). In autumn of protecting American interests in 2009, two persons were arrested Terrorist attacks can take place Denmark against possible militant in Chicago for planning a terrorist without the availability of prior Islamist attacks. attack on Jyllands-Posten in intelligence-based indications,

47 report 2008-2010

Terrorist groups are constantly seeking to learn from previous acts of terrorism and develop new, surprising and thus highly unpredictable methods for carrying out attacks

to strike high-profile and protected simple single-person attacks on targets. easily accessible and unprotected targets. Such incitement could also The incident in October 2010 inspire one or several individuals when package bombs were found without particular connection to on several cargo planes and the Denmark to travel to Denmark and, failed terrorist attack on a plane using simple means, to commit a between Amsterdam and Detroit terrorist act. in December 2009 show that terrorists continue to remain Even though the threat of terrorism focused on striking air traffic. has increased in recent years, it is important to note that, when disregarding certain conflict zones, METHODS OF TERRORIST ATTACK the risk of becoming a victim of Terrorists often use home-made a terrorist attack in Denmark or photo: Scanpix bombs in their attacks, including abroad is still very small. also larger bombs with considerable explosive power, whereby relatively POTENTIAL TARGETS FOR ATTACK NEW TENDENCIES well protected targets can also be Experience from abroad shows that hit. At the same time, there is an Terrorist groups are constantly attacks on public transport as well interest among militant extremists seeking to learn from previous as, for example, hotels, shopping to develop smaller bombs, which are acts of terrorism and develop centres and public squares have easier to conceal and, for example, new, surprising and thus highly become the preferred modus can circumvent existing security unpredictable methods for carrying operandi of terrorists. This is due in measures. out attacks, as was seen in particular to the fact that they are connection with the terrorist attack easily accessible targets, where many Terrorists have also employed in Mumbai in November 2008 and people congregate in close proximity. other methods in connection with with the failed terrorist attack on a terrorist attacks, including the flight from Amsterdam to Detroit in There are also examples of attacks combination of hand weapons, December 2009. on targets with symbolic or political explosive charges and hostage- value. CTA assesses that targets takings, which were used, for A simple attack on unprotected in Denmark with symbolic value for example, in the terrorist attack in or fairly unprotected symbolic terrorists could, for example, be Mumbai, India, in November 2008. and political targets, including public authorities as well as persons It is the assessment that several individuals, is an obvious type of and places connected with the terrorist groups remain interested attack for terrorists without a cartoons depicting the Prophet. in using such methods. comprehensive support structure. This type of attack can be carried The intensified efforts by the In recent times, an increasing out with few means as well as authorities to combat terrorism tendency has been observed in limited planning and training. have meant, however, that in recent which militant Islamist groups urge years, it has become more difficult sympathisers to plan and execute

48 The danish security and intelligence service

The preparation of complex and the person acts alone (“lone-wolf OTHER DANISH TERRORISM spectacular attacks requires terrorism”), possibly where the CASES considerable resources and person concerned may have been The bookseller from Brønshøj networks in relation to logistics assisted or inspired by others In September 2005, after lengthy and planning. Such preparation (solo terrorism). surveillance, PET arrested an can therefore often be difficult individual (the bookseller from Brønshøj), who was subsequently to conceal from the authorities, The purpose of small and individual charged with violation and attempted and the attacks can be difficult attempts of terrorist attack is violation of the former provision in to implement. On the other hand, to create fear and insecurity in section 114b of the Danish Criminal simple attacks carried out using the Western World. However, these Code concerning the advancement of the criminal activity or common simpler means can be carried out attempts can also be seen as an purpose of a terrorist organisation. with less preparation and fewer expression that al-Qaida is under The individual concerned was resources. pressure and no longer able to sentenced to three and a half years plan large-scale, centrally directed in prison on 11 April 2007. Al-Qaida has traditionally focused terrorist attacks. The Glostrup case its efforts on carrying out large- On the basis of PET intelligence, scale and spectacular attacks, Glostrup Police arrested four but a tendency is now being seen DANISH TERRORISM CASES individuals on 27 October 2005. where al-Qaida and related groups The Headley case The case had connections to arrests in Bosnia, where two individuals, have also begun to call for more Two persons who, in the assessment including a young Turkish national who simpler and isolated attacks to be of the FBI and PET, were in the was born and raised in Denmark, were carried out by individuals, i.e. that process of planning extensive arrested and found in possession of, among other things, explosives and weapons. The individuals arrested were subsequently charged with attempted violation of section 114 of the Criminal Code on terrorism, and on 15 February 2007, one of the defendants was found guilty and sentenced to seven years in prison. The jury also found the other three defendants guilty, but the judges applied the so-called “double guarantee” clause contained in the Administration of Justice Act and reversed the jury’s verdict, after which the defendants were acquitted. The Minister of Justice subsequently decided that the case should be re-tried before a new jury in respect

PH oto: Scanpix to one of the three defendants. On 10 March 2008, the accused person was acquitted by a new jury.

49 report 2008-2010

and the case has not yet been decided by the courts.

Attempted assault on the cartoonist Kurt Vestergaard Late in the evening of 1 January 2008, a 28-year-old Somali man with a Danish residence permit entered the home of the cartoonist Kurt Vestergaard in Aarhus armed with an axe and a knife. Kurt Vestergaard managed to seek refuge in a specially secured room and activate the personal attack alarm. The photo: Scanpix perpetrator attempted to break open the door to the safe room terror-related attacks on specific other things, made detailed video- whilst shouting. The police arrived targets in Denmark, including recordings of Copenhagen. at Kurt Vestergaard’s home and the Jyllands-Posten, were arrested in perpetrator was arrested shortly Chicago, USA, on 3 and 18 October In connection with the planning, after. During the arrest, the police 2009 following close collaboration the arrested persons had been in opened fire on the perpetrator, who between PET and the FBI. The close contact with persons from was hit in the knee and the hand. arrested individuals had been under the militant terrorist networks, surveillance by the American Lashkar-e-Taiba (LeT), al-Qaida and In close collaboration with PET, the authorities for a longer period Harakat-ul-Jihad Islami (Huji), and East Jutland Police conducted the of time, whilst PET had instigated one of those arrested had also paid criminal investigation concerning the numerous investigative measures. another visit to Denmark at the end 28-year-old Somali national, who was One of those arrested has admitted of October 2009. found guilty of attempted terrorism to the attack plans and is by the City Court in Aarhus on 4 co-operating with the American Both PET and the American authori- February 2011. He was sentenced authorities. PET has also questioned ties view the case with the utmost to nine years’ imprisonment and one of those arrested in USA. gravity, not least because one of expelled from Denmark with a life- those arrested has also confessed time ban from re-entry. The case has During the planning of the terrorist to the American authorities that been appealed to the High Court. attacks against Denmark, one of he had participated in the planning those arrested had, among other of the terrorist attacks in Mumbai, PET constantly obtains information things, visited Denmark on two India, in November 2008. He has also that persons residing in Denmark occasions in 2009 in order to carry had contact with a former major in are or have been involved in out reconnaissance and to select the Pakistan army. terrorist-related activities that terrorist targets. The most recent support militant causes in Somalia, visit took place in July 2009, when The legal proceedings will be and that persons with a Somali the person arrested had, among handled by the American authorities background have connections to

50 The danish security and intelligence service

An early preventive intervention requires that such an intervention is deemed to be effective in neutralising the specific threat, whilst the ability to arrest and subsequently prosecute or expel the foreign national by means of an administrative order requires tangible evidence

networks in Denmark that are Denmark and abroad. Similarly, there The Vollsmose case suspected of planning terrorist are groups and individuals who wish After lengthy surveillance and investigation, among other things attacks or carrying out terrorist- to harass or physically harm Kurt involving infiltration by a civil related activities in Denmark. Vestergaard. agent, several individuals were arrested on 5 September 2006 This was also the case in relation In recent years, PET has engaged in and charged with attempted to the 28-year-old Somali national, targeted efforts to identify, prevent violation of section 114 of the Criminal Code on terrorism. Criminal who prior to the attempted assault and counter threats against proceedings were subsequently on Kurt Vestergaard and over a Kurt Vestergaard, and in several instituted against four individuals. longer period of time had already instances PET has, on the basis On 23 November 2007, three of the been under investigation by PET. of these efforts, taken steps to accused were found guilty, whilst the fourth was acquitted. Two of respond to specific threats against the convicted were sentenced However, the investigation against him. For example, at the beginning by the High Court to 11 years’ the 28-year-old Somali national was of 2008, three people were arrested imprisonment, and one of them, unrelated to the cartoonist Kurt and detained on suspicion of an Iraqi national, was also expelled from Denmark and given a life-time Vestergaard, and the investigation planning to kill the cartoonist. ban from re-entry. The third of the did not at any time give reason to convicted persons was sentenced suspect that the 28-year-old had Besides the investigative efforts, to four years’ imprisonment. On specific plans to attack or kill the PET constantly implements a 10 April 2008, the Supreme Court increased the sentence for all three cartoonist Kurt Vestergaard. Until number of security measures to convicted persons, which meant then, the investigation concerning protect Kurt Vestergaard. These that two of them were sentenced the 28-year-old Somali national had security measures have continually to 12 years’ imprisonment and the not provided any reason to assume been implemented and adjusted in third was sentenced to five years’ that his potential plans to carry out terror-related activities in Denmark were immediately imminent.

Since the publication of the cartoons v n s P o l iti of the Prophet in September 2005 and particularly after the reprinting of the cartoons in February 2008, there has been a considerable security threat to the cartoonist be nha Kø photo: PO LF OTO photo: Kurt Vestergaard. Kurt Vestergaard has thus had a particularly high public profile in connection with the

“Cartoon Case”, in which he has v n s P o l iti v n s P o l iti appeared on various TV programmes and at public events related to the Cartoon Case. Kurt Vestergaard thus constitutes a potential and coveted target for militant extremists in be nha Kø photo: be nha Kø photo:

51 report 2008-2010 photo: PO LF OTO

light of the specific threats. Similarly, on 1 January 2010 made it possible of the security measures put in emphasis has been placed on to delay the perpetrator’s entry into place to protect Kurt Vestergaard, accommodating Kurt Vestergaard’s the home sufficiently to allow the PET has subsequently adjusted wish to be able to lead a normal life police to reach the house in time to these measures. Similarly, a as far as possible. apprehend the perpetrator. complete personal protection team In light of the attempted assault and round-the-clock guard service The security measures in place at and the public exposure in Denmark have been established at Kurt the time of the attempted assault and particularly abroad of a number Vestergaard’s home.

52 The danish security and intelligence service

The attempted assault on Kurt ­letter bomb when the bomb inad- imprisonment. At the same time, the Vestergaard illustrates a number vertently exploded. The investigation­ Supreme Court upheld the expulsion of one of those convicted. of dilemmas that a security and of the case points to Jyllands- intelligence service faces once a Posten as the likely target for the The Glasvej case specific threat has been identified. letter bomb. On the night of 3-4 September An early preventive intervention 2007, PET carried out a large-scale operation in the Copenhagen area requires that such an intervention The perpetrator has been charged and arrested a number of people is deemed to be effective in with attempted terrorism under who were suspected of preparing neutralising the specific threat, section 114 of the Criminal Code, an act of terrorism using the whilst the ability to arrest and and the case is being investigated unstable explosive TATP. In March 2008, charges were brought against subsequently prosecute or expel by Copenhagen Police in close two of the arrested individuals, and the foreign national by means of co-operation with PET. on 21 October 2008, the individuals an administrative order requires in question were sentenced by tangible evidence that can be Norwegian terrorism case the City Court to 12 and 7 years’ imprisonment, respectively. The presented and tried in a court In July 2010, three people were sentence was appealed, and on 26 of law. Lengthy surveillance of a arrested by the Norwegian Police June 2009, the Eastern High Court potential threat also requires a Security Service (PST) on suspicion upheld the sentence of 12 years careful balancing of resources in of attempted terrorism. At the end for one of the accused, whilst the relation to the need to monitor of September 2010, it was publicly sentence for the other accused was increased to 8 years’ imprisonment. other identified threats. announced that three individuals were possibly in the process of On 11 November 2007, PET also In connection with the attempted planning a terrorist act directed arrested a 22-year-old man with assault, PET has drawn up a briefing at Jyllands-Posten or persons connections to the two detained men. This youth was suspected of on the matter, which can be read in in Denmark associated with the inciting the kidnapping of Danes its entirety in Danish at www.jm.dk. cartoons of the Prophet. abroad in order to pressure the Danish authorities to release the Bomb explosion at the Hotel PET continues to work closely with two detainees. On 18 November 2008, the individual in question Jørgensen in Copenhagen PST as part of the investigation was acquitted by the City Court On Friday 10 September 2010 around into the specific case. A terrorist of inciting the kidnapping of Danes midday, a bomb was detonated in a act was not immediately imminent, abroad. This verdict was upheld basement under the Hotel Jørgensen because the three suspects by the Eastern High Court on 28 August 2009. in central Copenhagen. The bomb had already been under close was manufactured from the highly surveillance by PST in the period In March 2009, six people from the explosive and also unstable chemical of time leading up to the arrests. clothing company, Fighters+Lovers, Triacetoneperoxide, known as TATP, were found guilty in the Supreme Court of financing terrorism in and also contained a quantity of Arrests of terrorists in Copenhagen connection with the sale of T-shirts, small steel ball bearings. On Wednesday 29 December 2010 the proceeds of which were to go to at 10.44am, PET’s Special Intervention FARC and PFLP. They were all given In PET’s assessment, the perpetra- Unit broke down the door to an suspended prison sentences. tor, a 24-year-old Belgian national apartment on Mørkhøjvej in Herlev In March 2010, the spokesperson of the organisation “Foreningen with a Chechen background, was and arrested three individuals Oprør” (Association “Uproar”) was in the process of manufacturing a suspected of planning a terrorist

53 report 2008-2010

The internet plays an ever-increasing role for militant extremists and terrorist groups, which use this medium to spread their messages, to communicate, to provide virtual training as well as for recruitment, logistic support and operational planning

DANISH-BASED SUPPORT TO attack in Copenhagen. The three three ministers from Somalia’s ILLEGAL ACTIVITIES ABROAD arrested individuals had arrived from transitional federal government, Sweden three hours earlier. Shortly PET’s investigation shows that whilst 40 people were injured. after, a 26-year-old man with there are still individuals with Among those killed was also a connection to the case was arrested connections to Denmark who are 22-year-old Somali national who in an apartment in Hedelyparken involved in or in other ways provide had previously resided in Denmark. in Greve and at the same time the support to terror-related activities Swedish authorities in Stockholm in a number of countries, including It is PET’s supposition that the arrested a 37-year-old Swedish Iraq, Lebanon, Yemen and Somalia. 22-year-old Danish-Somali, who national. had had ties to the Somali militant Several individuals who are resident Islamist organisation al-Shabaab, Prior to the arrests, the Swedish in Denmark have travelled to committed the suicide attack. Security Service (SÄPO) and PET had conflict zones in the Middle East, carried out extensive investigation Asia and Africa in order to undergo Particularly in relation to Somalia, and surveillance of the suspected militant training or participate in PET has increased its vigilance persons. hostilities against, among others, the in recent years, including in international military presence and relation to the Somali militant In connection with the arrests in local authorities. These persons who Islamist organisation, al-Shabaab. Denmark, searches were carried have gained operational experience Al-Shabaab is a militant Islamist out, in which PET found and from conflict zones abroad may group which since 2006 has fought confiscated, among other things, pose a security risk to Denmark a national struggle for an Islamic plastic strips that could be used as when they return. state in Somalia and has subscribed handcuffs, a pistol, a machine gun to the global al-Qaida-inspired with accompanying silencer and live In addition, PET’s investigation militant extremism. On several ammunition. Several of the suspects shows that in Denmark there occasions, al-Shabaab has called on are suspected of having ties to are also individuals who provide Muslims in the rest of the world to international networks. different forms of assistance come to Somalia to fight, and there with the aim of facilitating acts are several examples of foreigners It is PET’s assessment that those of terrorism abroad. The Danish training and participating in militant arrested were in the process networks collaborate with, for activities in Somalia together with of planning a terrorist attack example, foreign networks in efforts al-Shabaab. against Jyllands-Posten’s offices to recruit and radicalise individuals in Copenhagen, and that the abroad who are willing to take The investigation in this area is attack was imminent when it was part in hostilities in conflict zones, often hampered by the fact that neutralised. including Somalia, Afghanistan, the terror-related activities take Pakistan and Iraq. place in Somalia. Nevertheless, PET is cooperating with the PET works strenuously to identify Copenhagen West police, SÄPO and On 3 December 2009, a suicide and counter the terror-related the Swedish Prosecution regarding bomber blew himself up at the activities in Somalia which have the continued investigation of Hotel Shamo in Somalia’s capital, connection to Denmark. the case. Mogadishu. A total of 23 people were killed in the attack, including

54 The danish security and intelligence service

INTERNET as indoctrinating and recruiting given a suspended prison sentence The internet plays an ever-increasing new activists. In addition, the by the Copenhagen City Court for attempting to violate the provisions role for militant extremists and material can aim to intimidate of the Criminal Code on financing ­terror­ist groups, which use this and demoralise the rest of the of terrorism in connection with a medium to spread their messages, population. The internet can thus be campaign to raise funds for FARC to communicate, to provide virtual used to enhance the effect of the and PFLP. training as well as for recruitment, actions of these groups by making In January 2011, criminal proceedings logistic support and operational them visible and accessible to all. were instituted in two cases planning. regarding financial support for the Even though the internet plays an organisations FARC and PFLP. In In the most recent terrorism cases increasing role for terrorist groups both cases, criminal proceedings were brought for violation of section in Europe, including in Denmark, the and networks as well as their 114b no. 1 and 2 of the Criminal C ode. internet has played an important sympathisers, it is, however, PET’s role, among other things in assessment that the internet is connection with radicalisation, rarely able to act as a substitute communication, training, planning for actual training in preparation and financing. In addition, extremist for carrying out a terrorist act. material is increasingly being posted Personal contact and experience on the internet that is accessible still play the biggest role. to non-Arabic-speaking users with texts in European languages, In recent years, several examples including Danish. have been seen of the internet being increasingly used to radicalise The militant Islamist propaganda young people. This tendency has material on a number of these gathered pace particularly after web pages can contain “news” a number of key militant websites from conflict zones, focusing on with ties to al-Qaida were shut fighting by militant groups against, down in autumn 2008. The closure for example, American, Israeli or has caused militant extremists to Russian forces. The news items look for new ways of retaining the can also include alleged attacks on internet as an important instrument civilians in the conflict zones and for radicalising young people. For information about religious matters. example, militant extremists now The content can be extremely target their propaganda at social brutal and violent. In several of the media and file-sharing services, European terrorism cases, the key which are widespread and easy to persons have been large consumers find. This means that extremism of this online material. can potentially reach more people, especially young people. The material is used, among other things, for strengthening the This concerns, for example, file- morale of militant activists as well sharing sites such as YouTube, social

55 report 2008-2010

media such as Facebook, as well as illustrate that actions can be carried On several occasions in connection news portals and websites focusing out with relatively modest funds. with control actions at airports, on Islam, all of which are used etc., PET has observed that by terrorist groups and militant However, certain terrorist groups, individuals with moderate income Islamists to radicalise young people particularly abroad, need funding are stopped on their way out on the internet, including young from external sources. It is PET’s of Denmark and found to be in people who do not normally click on assessment that terrorist financing possession of large sums of money militant websites. The aim is thus in Denmark is primarily intended which are disproportionate to their potentially to be able to reach out to benefit terrorist groups and income and assets. In several cases, to all users of the internet, including networks abroad, including groups such travellers have been on their users who are not Muslims and are in conflict zones such as Iraq, way to countries in conflict zones. therefore not an immediate target Afghanistan, Lebanon, the Palestinian group for radicalisation. Autonomous Territories and Somalia. As part of the efforts to combat financing of terrorism, PET co-oper- This is a worrying development, International statistics show that ates with a number of institutions, which PET is making targeted each year foreign nationals resident primarily in the government and efforts to gauge. However, Danish in Denmark send up to DKK 10 billion financial sector, including the Public society in a wider sense should to their countries of origin. The vast Prosecutor for Serious Economic also be aware of and take this majority of these funds are transfers Crime (SØK), banks, PBS (Danish trend into consideration as part of with completely legitimate purposes. Payment Systems) and the Danish the preventive efforts to combat tax authorities (SKAT). Similarly, in terrorism and radicalisation. It is difficult to measure the precise 2008 and 2009 PET paid a number extent of terrorist financing that of visits to companies in order to stems from Denmark, but it is enhance focus on suspicious money TERRORIST FINANCING estimated that these transfers also transfers – both into and out of PET’s efforts within the field of include transfers that go towards Denmark. terrorist financing aim at preventing financing terrorism. the transfer or passing on of funds In January 2010, PET published the to individuals, organisations, groups It can be a challenge for the leaflet “Dit bidrag kan misbruges” or associations that are involved in authorities to prove the direct (Your contribution could be abused), terrorism. connection of the money transfers which provides a number of tips for to terrorism, partly because what people can do to prevent that The costs for terrorists of, for terrorist networks often make use the money which individuals and example, travel, hiring of premises, of several, and occasionally informal, organisations raise for good causes and purchase of materials in intermediaries in the transactions. end up in the wrong hands and connection with terror-related Examples of such intermediaries subsequently will be used directly, activities do not necessarily require could be private individuals or or indirectly, to support terrorism. large sums of money and can be organisations with humanitarian This leaflet can be found on PET’s financed by the particular group’s or political objectives. website. own funds. Several of the most recent terrorism cases in Europe

56 The danish security and intelligence service

57 report 2008-2010

9. Counter-extremism photo: Scanpix photo:

PET’s efforts within the field with other branches of Danish of counter-extremism aim to police and has, among other things, prevent and avert that groups or a significant task of ensuring that individuals seek to achieve their the relevant police authorities are political objectives by means of, made aware of the threat picture for example, violence, vandalism or and are able to tailor the response threats. These efforts also focus to the current threat accordingly. on criminal acts borne of extremism and which, for example, are directed PET’s efforts within the field of at the nationality, religion or sexual counter-extremism are embedded orientation of certain individuals in the Centre for National Security. and groups. Furthermore, the efforts aim to prevent and avert LEFT-WING EXTREMISM extremists from committing criminal acts or threatening public The left-wing extremist circles in order and safety. As part of these Denmark are characterised by ever- efforts, PET collaborates closely increasing professionalisation and

58 The danish security and intelligence service

There is still an extremely violent core of activists in the extremist circles capable of mobilising themselves rapidly if there is a cause they can exploit to instigate violent action

internationalisation. The clearance is to provoke a situation where on Jagtvej in Copenhagen in 2007 of the former “Ungdomshuset” the authorities are compelled to and the subsequent violent street (youth house) on Jagtvej in employ force, and where the violent clashes have given Copenhagen a Copenhagen in 2007 has been used extremists subsequently attempt certain symbolic value in left-wing in extremist circles as a pretext to present the authorities’ use extremist circles abroad, and this for further radicalisation and for of force as an illustration that symbolic value probably gave added recruiting a new generation of Denmark is a police state. impetus to the influx of activists extremists. who were willing to use violent In this connection, PET has observed methods during the Climate Change There is still an extremely violent that the violent extremists’ use Summit. core of activists in the extremist of civil disobedience has changed circles capable of mobilising character. Increasingly often, there In the run-up to the Climate Change themselves rapidly if there is a are examples where the boundary Summit, it was PET’s assessment cause they can exploit to instigate between civil disobedience and that many peaceful Danish and violent action. violent confrontation has become foreign activists would participate more blurred, and there are in the actions and demonstrations Even though the principal adversary examples both in Denmark and that were planned in connection of the left-wing extremist circles abroad where violent extremists with the Climate Change Conference continues to be the extreme right under the guise of civil disobedience and which played an important wing, there is also an increasing have consciously provoked direct role in the political process both tendency for these circles to tie violent confrontation. up to and during the Climate actions with political single issues Change Summit. However, it was that not only have broad backing also PET’s assessment that the COP15 among activists, but also broad Climate Change Summit would also appeal within the population in The UN Climate Change Summit in attract a large number of violent general. This relates to, among other Copenhagen (referred to as COP15) extremists, including from abroad, things, integration and asylum policy was one of the largest police whose intention was to infiltrate the as well as climate policy. Linking assignments ever for Danish police peaceful popular demonstrations political themes with broad popular and thus also for PET. The task and non-violent expressions of appeal enables the violent element of the Service was to constantly opinion that were planned during of the left-wing extremist circles assess the threats in relation to the Climate Change Summit. to operate more anonymously COP15, so that, in co-operation with and under the cover of the more other branches of the police, the Whilst this assessment proved peaceful activist groups, from where necessary security measures could to hold true, the violence was, they seek to utilise the political and be implemented. however, considerably reduced by ideological activities of others in a highly effective intelligence and order to instigate confrontations The Climate Change Summit was police effort, including assistance with the police. used by parts of the Danish left- from foreign authorities, which wing extremist circles as a basis without doubt contributed As is often the case with violent for a large-scale mobilisation of substantially to ensuring a peaceful extremism of this nature, one of the both Danish and foreign extremists. implementation of the Climate objectives of these confrontations The clearance of “Ungdomshuset” Change Summit in Copenhagen.

59 report 2008-2010

RIGHT-WING EXTREMISM The right-wing extremist circles in Denmark continue to engage in active efforts to recruit new members and sympathisers.

This takes place, among other things, through the dissemination and promotion of racist messages on the internet, through the media, and through posters and fliers. The aim is to recruit and retain supporters as well as create antagonism between the general public and ethnic minorities. In addition, the right-wing extremists are making greater efforts than earlier to recruit members from the hooligan environment.

Traditionally, there has been close photo: Scanpix co-operation between right-wing extremist groups in Denmark and like-minded groups abroad, for instance through joint events and manifestations. In addition, PET has established that elements among the right-wing extremist CONFRONTATIONS BETWEEN circles in Denmark attempt to set increasingly focused their efforts RIGHT AND LEFT-WING up contact with violent extremist on systematically instigating violent EXTREMIST CIRCLES circles abroad. This development actions against each others’ events, gives cause for concern because it It is PET’s assessment that the such as meetings, demonstrations can lead to a further radicalisation tendency towards increasing and concerts. of some of the Danish right-wing polarisation and confrontation extremist circles and thus further between individuals and groups The criminal offences in this area escalate the violent confrontations from the right and left-wing are committed by both left-wing with the left-wing extremist circles. extremist circles, respectively, in and right-wing extremist circles, Denmark continues to increase. and PET engages in concerted An escalation has been observed efforts to address and take action in the confrontations between against all forms of violent political the two wings, and both left extremism. and right-wing extremists have

60 The danish security and intelligence service

At the same time, there are also It is PET’s assessment that the PET arrested four individuals examples where these direct specific case is an expression aged between 20 and 23 years confrontations occur in close of the aforementioned targeted with affiliations to the left-wing co-operation with like-minded escalation of the confrontations extremist environment. The four groups abroad, particularly in between the two wings. The case individuals were arrested close Germany and Sweden. Furthermore, also represents the most serious to the Danish Police Academy it continues to be PET’s example to date of how modern IT in the Copenhagen suburb of assessment that in these circles technology and intelligence methods Brøndbyøster during an attempt concerted efforts are made to are used in connection with these at raising fire to the Academy. At acquire weapons to use in these confrontations. the arrest, cans of petrol and signal confrontations. Similarly, PET has flares were confiscated, among observed that right and left-wing The case remains under investi- other things. extremists continue to carry out gation. targeted actions that resemble The case is still being investigated private intelligence operations Arrest of 43-year-old man with ties and the individuals are suspected in order to uncover and expose to right-wing extremist circles of being responsible for several political adversaries and their On Wednesday 12 January 2011, a politically-motivated arson attacks. activities. 43-year-old man with ties to the right-wing extremist circles was CRIMES MOTIVATED BY Arrests in case regarding violent arrested by PET and North Zealand EXTREMISM political extremism Police. The man in question had On Sunday 28 February 2010, in been an object of investigation of Since 1992, PET has received collaboration with a number of PET over a longer period of time. reports from the police districts police districts, PET carried out At the arrested man’s home in on criminal offences and incidents arrests and house searches in Hørsholm north of Copenhagen, that are suspected of being racially connection with an investigation a search was conducted in which, motivated and are directed against concerning violent political among other things, chemicals to foreigners. In 2001, the crime extremism. be used for bomb-making were reporting system was altered to found. At the preliminary court include any criminal offence that is During the house searches, a hearing, the arrested man was potentially motivated by racism or computer server was confiscated charged with violating the Firearms religious hostility, i.e. hate crimes, containing detailed and sensitive Act under particularly aggravating irrespective of whether the criminal personal data regarding individuals circumstances and remanded in offence is directed against a person with ties to the political right custody. or interest of foreign or Danish wing, including political parties and origin. organisations as well as several The case remains under investi- politicians. The information, which gation. Despite a series of efforts to is assumed to have been obtained improve the crime reporting system, by hacking, also comprises Arrests in case regarding politi­ in which, among other things, information about violent attacks cally-motivated arson registration and reporting from the on some of the people recorded in On Tuesday 27 April 2011 following police districts have been subject the databases. a long period of investigation, to considerable uncertainties, it

61 report 2008-2010

Hate crimes are an area to which not only PET and the police but also other parts of Danish society should direct attention

has been difficult for PET with of the new crime reporting system. 2009 to the police districts about even reasonable certainty to According to the report, the total the crime reporting system. make statements about causes, number of criminal offences that connections, developments and were potentially motivated by It is PET’s assessment that the rise tendencies in relation to these extremism is significantly higher in the number of offences in 2009 in types of cases. than the number of offences in comparison with 2008 and previous 2008. The increase should be seen in years confirms that previous years’ Since 2009, therefore, PET has light of the fact that the reporting­ reports have not provided an changed the way in which information system, as mentioned above, was accurate picture of the number of is collected. In the future, PET will widened in scope in 2009 to include offences covered by the reporting obtain the information from the all criminal offences that were system. The new system, where police databases itself and this will potentially motivated by extremist PET conducts its own searches for provide a more comprehensive and views. The rise in the number of the relevant offences in the police accurate picture of developments. offences cannot, ­however, only be databases etc., provides on the explained by the widening of the other hand a more comprehensive At the same time, PET has expanded reporting system. picture of developments in the area. the crime reporting system to also include crime emanating from The number of offences that are However, on the basis of the extremist attitudes other than motivated by the victim’s sexual alterations made to the reporting racist or religious motivation. orientation or the perpetrator’s system, it is at present difficult to This means that in the future the extremist conception of political make definitive statements about reporting system will also comprise issues, and which are now included developments and trends in the cases where the criminal offence compared to earlier, amount to a area. Nevertheless, the figures show must be regarded as being moti- total of 81 offences, whereas the that hate crimes are an area to vated by extremist conceptions of total increase is 131 offences. which not only PET and the police political issues or of issues con- but also other parts of Danish cerning race, skin colour, nationality, The increase in the number of society should direct attention. ethnic origin, religion or sexual offences may also be due to the orientation. fact that for the first time in 2009 The report can be read in its PET conducted its own searches entirety in Danish on PET’s website. Overall, the objective of the new in the police databases, etc. for system is to obtain a broader and the offences defined in the crime THREATS AGAINST PUBLIC more comprehensive overview of reporting system. The rise could FIGURES crime connected with extremist also be partly attributed to the attitudes and to strengthen the fact that there has been increased In recent years, there has been Service’s ongoing ability to assess focus on this area in society and increasing focus on threats and whether there are detectable signs the media, which may have had an harassment against politicians and of more organised and systematic effect on the frequency of reports. other public figures. The extent to practice of such forms of crime. In addition, the number of offences which a person risks being subjected may have been affected by the to threats and harassment typically In November 2010, PET published the circular sent out by PET in January depends on the respective person’s first report since the introduction visibility in the public arena or

62 The danish security and intelligence service

2005 2006 2007 2008 2009

87 227 35 175 306

2008 2009

Offences No. Per cent No. Per cent Racially motivated 113 64.8 73 23.9 Religiously motivated 9 5.1 21 6.9 Politically motivated - - 64 20.9 Sexually oriented - - 17 5.6 Dubious extremist motive 53 30.1 131 42.8 Total 175 100 306 100

arises in connection with specific mentally ill, persons who are under harassment and threats can place issues. There are examples where the influence of drugs or alcohol, major stress on the politician politicians on both the right and left or resourceful citizens who are used targeted. At the same time, it wing are occasionally subjected to to getting their own way. And then is naturally a societal problem serious harassment. there is, naturally, the threat from if politicians are threatened or extremist circles. harassed by virtue of their political PET is kept regularly informed of activity. For this reason, it is also this type of matter and assesses, Certain politicians may be extremely important that persons who, in the among other things, whether the vulnerable, but in general the level course of their political activities, threats warrant special security- of threat against politicians can are subjected to harassment or related measures. It can be difficult be regarded as low. Therefore, it is threatening behaviour report such to provide a comprehensive profile the assessment of PET that there behaviour to the police. of the kind of person who harasses has been an increase in the number and threatens politicians. It can of cases or that the nature of the range from persons who are angry cases has worsened. Nevertheless, at “the system”, persons who are even less serious forms of

63 report 2008-2010

Counter-espionage and 10. counter-proliferation

The threat of espionage against technological know-how in Denmark, Denmark and Danish interests has has become more multifaceted changed in line with the security and focuses on other areas and policy developments. However, subversive activities and the espionage activity continues to be circumvention of trade restrictions. conducted against Denmark, and Interest is increasingly targeted PET assesses that a number of at obtaining information within, for countries actively engage in example, research and technology. espionage activity against Denmark Within the last decade, the most and Danish interests abroad. In dramatic international examples of addition, it is the assessment of espionage in the world have been PET that several foreign diplomatic carried out by Russia and China. missions in Denmark have not, or only to a moderate extent, reduced The very few cases of espionage the number of intelligence officers that have come to public knowledge since the Cold War. in Denmark can therefore not be taken as evidence that espionage The threat of espionage, which does not occur in Denmark. In a must partly be seen in the light of number of instances, PET’s increasing globalisation, international preventive efforts have prevented competition, the general openness cases from developing into serious in society and the high level of cases of espionage. In these instances, PET has interrupted

PH oto: P E developments that have been on the brink of developing into espionage, for example by drawing

T attention to the fact that PET was aware of activities that could constitute a violation of the provisions in the Danish Criminal Code concerning espionage.

In addition, it is assumed that the official figure for cases of industrial espionage does not reflect the true figure, as a number of companies for various reasons choose not to report suspicions of espionage to the authorities. As espionage can pose a serious threat to Denmark’s security and competitiveness, it is vital that organisations, companies,

64 The danish security and intelligence service

on, refugees from the particular country who are living in Denmark.

PET’S Activities PET’s activities in this area, which are embedded in the Centre for National Security, are primarily preventive in nature, and the Service employs the same investigative methods as other branches of the police, such as interrogations, searches and invasion of the secrecy of communication, such as telephone interception and room bugging. Finally, the Service has the opportunity to gather information by means of surveillance and through the use of sources in relevant circles and among groups of persons. photo: Scanpix

INDUSTRIAL ESPIONAGE Cases of industrial espionage are generally investigated by the police districts. Only if a foreign power is suspected of being involved in public authorities and the general policy, financial and social issues industrial espionage will the case public are aware that there are as well as Denmark’s and other come under PET’s jurisdiction. still countries, organisations and countries’ attitude to international companies that attempt to gather alliances and fora, such as the EU If it turns out that the industrial confidential information by unlawful and NATO. Furthermore, there is espionage is being carried out by means. an interest in gathering technical a rival company and not a foreign and scientific information on intelligence service, the case will, research from institutions of higher in agreement with the company, TYPES OF ESPIONAGE education and universities as well be handed over to the local police In respect of Denmark, PET has as private companies. Denmark district, which will take over the noted that foreign intelligence has also experienced so-called investigation. In this connection, PET services are interested in gathering refugee espionage, in which a may provide, if necessary, the police information on defence and security foreign state gath±ers information district with advisory support. issues, Danish domestic and foreign on, and possibly exerts pressure

65 report 2008-2010

Political and economic espionage industry, eco-tech, bio-tech, food programme, the person has joined aims to acquire knowledge in technology and IT, as well as “dual- a delegation at the last moment connection with international use” products. Targets for industrial or a visitor walks ‘aimlessly’ negotiations, particularly Danish espionage include: around in the building. negotiating positions, as well as • Suspicious applications for to influence politicians and public • Development, laboratory employment – e.g. if the applicant employees. Primary targets for and research departments is happy to receive a very meagre political and economic espionage • Patents and know-how salary or no salary at all. include: • ender bids • Contact at conferences, trade • Corporate, market and fairs, seminars and similar from • The Danish Parliament investment strategies persons with limited professional • Political parties • Production enhancing processes knowledge about the relevant • Ministries and agencies • Suppliers and customer lists subject. • The financial sector • Unexpected or surprising • Export control bodies Modus operandi of spies invitations to visit an embassy • The human source or a person from an embassy. Military espionage concentrates • Burglary and theft • Documents that disappear. on, among other things, gathering • Interception and surveillance • Excessive photocopying. information concerning Denmark’s • Examination of discarded • Conspicuous contact-seeking security as well as relations within documents and PCs behaviour aimed at fostering alliances of which Denmark is • Computer hacking friendships and personal a member. Targets for military • Blackmail, extortion and bribery relations. espionage include: Indications of espionage • Defence institutions and facilities • Attempts at persuading an PET’s counter-espionage activities • NATO co-operation employee to perform small • Surveillance and investigation • Security policy conferences and services that gradually develop • Conducting preventive interviews meetings into a request to obtain more with companies, institutions and • Professional organisations for confidential information. This can individuals that are deemed at military personnel often take the form of appealing risk of becoming, or who are • Private companies with “dual- to people’s ideological persuasion, already deemed to be, a target use” products, i.e. products that ethnic origin, religious persuasion for a foreign intelligence service. can be used for both military and or sexual orientation. In addition, • Identifying persons who attempt civilian purposes. it may involve the offer of a to engage in foreign intelligence financial incentive or outright activity in Denmark. Industrial and technical/scientific blackmail. espionage conducted by a foreign • Suspicious behaviour during a COUNTER-PROLIFERATION state aims to acquire information visit – e.g. if the visitor, contrary that can be passed on to the to expectation, is accompanied A number of countries and networks country’s own industry. This type by an embassy representative, of individuals continuously attempt of espionage focuses on, among the topic of discussion switches to develop and produce chemical, others, the pharmaceutical character from the original biological, nuclear and radiological

66 The danish security and intelligence service

One of the greatest threats in this area is the so-called dual-use products, which are products, technology and knowledge that can have both a civilian and military use

substances that can be used as home country’s development and come from primitive chemical weapons of mass destruction. production of chemical, radiological, and bacteriological weapons that nuclear and biological weapons. terrorist groups or networks may PET’s investigations in this area be suspected of attempting to focus on gathering, processing In addition, PET has set up a cross- develop. However, it is also the and analysing information about sectoral advisory group on non- assessment that these substances the countries that are suspected proliferation of weapons of mass can scarcely be used as an outright of wanting to develop weapons of destruction. The advisory group weapon of mass destruction, but mass destruction as well as about comprises representatives from a will primarily be effective in small, the companies and end-users number of public authorities and simple attacks. However, the use attempting to acquire products, industrial organisations, which of such weapons will, in the same technology and knowledge that can share their knowledge in the field way as radiological attacks, have a be used to develop these weapons. and discuss threats and tendencies considerable psychological effect. In addition, PET co-operates with within the proliferation sphere. a large number of national and international authorities in order The purpose of the advisory group to gather information about the is to raise awareness among methods employed in the effort to companies and public authorities purchase sensitive products for of the risk of products, technology use in developing weapons of mass and knowledge that can be used destruction. in chemical, biological, nuclear and radiological weapons falling into the One of the greatest threats in wrong hands. this area is the so-called dual- use products, which are products, As part of the efforts in this area, technology and knowledge that can PET has also published a leaflet have both a civilian and military use. that describes a number of the It can be difficult for both public precautionary measures that authorities and private companies companies and research institutions to determine whether such a can adopt to help prevent the product is requested by a buyer or proliferation of products, technology an end-user wishing to manufacture and knowledge that can be used to weapons of mass destruction. manufacture or develop weapons of mass destruction. The leaflet can be PET is in regular dialogue with found in Danish on PET’s website. higher institutions of education and universities to raise awareness The risk of attack from weapons of the risk that students from of mass destruction countries that are suspected It is PET’s assessment that the of developing weapons of mass threat of the use of weapons of destruction will attempt to acquire mass destruction for terrorist knowledge to be used for their purposes will in the short term

67 report 2008-2010

11. Organised crime

PET deals with serious organised extending also beyond Europe. crime characterised by its The investigations have dealt with, international, cross-border and for example, extremely serious professional nature. This form drugs and weapons violations as of crime is committed by use of well as crimes resulting in serious violence, threats and weapons in bodily harm. In the cases that hard-to-infiltrate environments have resulted in indictments and where the perpetrators are convictions, the convicted persons extremely security-conscious. have received lengthy prison sentences. The purpose of PET’s activities in this area is, among other things, THE GANG CONFLICT to provide PET with a basis on which to be able to identify as PET’s Centre for Organised Crime early as possible potential relations and a number of PET’s other between the most serious forms units allocate many resources to of organised crime in Denmark and supporting the efforts of other PET’s other fields of operation. branches of the police to address the present ongoing Danish gang PET’s activities in relation to the conflict. PET collaborates with, most serious forms of organised among others, a special unit, Task crime primarily focus on using Force East, which was set up in PET’s special capabilities and com- October 2009 to crack down on petences to assist other branches gang crime. In this connection, PET of the police with their investiga- has established a special operational tions. In addition, PET’s Centre team comprising investigators and for Organised Crime co-operates analysts who work closely together closely with a large number of with Task Force East. The operational foreign authorities. In its efforts to team’s task is to ensure that all combat organised crime, PET makes relevant units in PET, with the special use of, among other things, sources, capabilities and competencies that undercover agents, observation and the Service possesses, contribute technical measures. in a targeted and co-ordinated way to the strengthened efforts of the The co-operation between PET’s police to combat gang-related crime. Centre for Organised Crime, the Danish National Police, the WEAPONS ROBBERY AT police districts and foreign police ANTVORSKOV ARMY BARRACKS authorities, etc. has on an ongoing basis resulted in investigations On the night of Sunday 4 January into criminal gangs and networks 2009, several masked men with international branches, overpowered the guard duty staff

68 The danish security and intelligence service

Police technicians carry goods from a house in

the Greater Copenhagen photo: Scanpix Area where an individual was arrested in February 2009 in the case regarding the weapons robbery at Antvorskov Army Barracks.

at Antvorskov Army Barracks near fact that the perpetrators knew was investigated by PET’s Centre Slagelse and forced their way into precisely which weapons they were for Organised Crime in close the barracks’ weapons depot. They looking for and not least where they co-operation with South Zealand stole 201 military weapons, including were located on the base. Police and Lolland-Falster Police automatic rifles, light machine guns, as well as the National Centre of pistols, grenade launchers, etc. to a Precisely because of the large Investigation (NEC) of the Danish value of DKK 2.4 million. The weapons quantity of weapons and the National Police. robbery, which is Denmark’s biggest extremely brutal and professional to date, was characterised by the nature of the robbery, the case

69 report 2008-2010

INTERNATIONAL CANNABIS AND At the beginning of February 2009, sentences. Similarly, a number of WEAPONS LEAGUE one month after the robbery, and couriers have been arrested and after an intense and demanding In 2008, an investigation was convicted abroad. investigation and surveillance of launched into a number of persons the suspects, the first arrests suspected of being responsible for In parallel, PET’s Centre for in the case were made. The arrests large-scale smuggling of cannabis Organised Crime has investigated were carried out in the Greater from Spain into Denmark. The inves- an off-shoot of the above case, Copenhagen area with the involve- tigation was targeted at a group of which among other things concerns ment of PET’s Special Intervention persons, primarily Danes, who had large-scale smuggling of drugs Unit and Surveillance Unit. Approxi- previously been investigated by the into Denmark from suppliers in mately half of the stolen weapons police and who had been previously the Netherlands. After lengthy were confiscated in connection convicted of similar violations of and intense investigation and with the arrests. Less than two the Criminal Code. surveillance of a number of weeks later, a Danish army sergeant suspects, PET was able to arrest was arrested in Kosovo, where he The investigation revealed a number of persons in the Greve was serving. that Mercedes passenger cars area in January 2010 in co-operation registered in Germany were used with Mid- and West Zealand police. On 1 July 2010, the four accused to smuggle the cannabis. The drugs In connection with the arrest of men were found guilty of the were packed into the cars in South the suspected principal instigator, weapons robbery by the City Court Spain, which were then driven to who is a Danish businessman in in Næstved. Three of the men were Denmark by drivers of Eastern his forties, approximately 20 kilos found guilty of having participated European origin. of cannabis, 43 pistols, revolvers in the robbery itself, whilst the and machine guns, 5,000 rounds of fourth person was convicted of In 2010, in collaboration with the ammunition, DKK 400,000 as well receiving stolen goods. Two of the German authorities, PET arrested as information about additional defendants were sentenced to nine the person who was suspected of cannabis sales were found along years’ imprisonment, the third was being the principal instigator of the with other items. sentenced to eight years’ imprison- smuggling operation. The suspect ment and the fourth was sentenced was arrested in Germany, where It is the assessment of PET that to four years’ imprisonment. The he was on a brief visit in order with the unravelling of this case, sentence was confirmed by the to collect payment for supplied it has been possible to strike at a Danish Eastern High Court in the cannabis. A number of suspected criminal network in Denmark, which spring 2011. Half of the stolen co-conspirators had previously also has links to the gang conflict. weapons still remain unrecovered, been arrested in Denmark. which is why the investigation Several persons in the case have continues. The case is being investigated by received prison sentences. Besides PET’s Centre for Organised Crime in the person who is suspected of close co-operation with the police being the principal instigator, two in Mid- and West Zealand as well co-conspirators have yet to have as a number of foreign authorities. their cases brought to trial. In the trial, eight perpetrators were convicted and given prison

70 The danish security and intelligence service

It is the assessment of PET that with the unravelling of this case, it has been possible to strike at a criminal network in Denmark, which also has links to the gang conflict PHOTO : Scanpix

71 report 2008-2010

12. Special operations

Special Operations is a special PET has laid down internal unit within PET’s Operational guidelines governing the use of Department. The unit is responsible sources. The guidelines by and for source handling, undercover large correspond to the rules set police agents and witness protection out in Instruction No. 2/2005 (in within all parts of PET’s activity. The Danish only) issued by the Director unit also provides assistance to the of Public Prosecutions regarding police districts to some extent. the use of informants by the police, and contains, among other things, Within PET, the concept of provisions covering the procedures “sources” comprises informants and that are to be followed, supervision civilian agents as well as persons and management responsibility as who in general provide PET with well as documentation. information on, among other things, networks and groups of interest to According to PET’s guidelines, it is the Service. the senior management within PET that decides whether the Service is to make use of a source, and which SOURCES AND INFORMANTS determines the specific guidelines It is very decisive for PET’s oppor- for source handling. The guidelines tunities to identify and counter specify that any contact with the specific threats to use sources, source must be documented. This including informants and, in some means, among other things, that a cases, civilian agents. It is therefore report is to be drawn up for every a particular focus and action area meeting with a source. for PET. This is particularly the case because it is difficult for PET in cer- UNDERCOVER AGENTS tain situations and in certain envi- ronments to collect information­ in PET’s unit for Special Operations any other way. PET’s use of sources, provides assistance to investigations including recruitment, handling and where undercover agents are supervision of sources, is embed- deployed to fight, among other ded in the Service’s unit for Special things, organised crime. An Operations. undercover agent is typical1ly used to infiltrate groups or areas With respect to the use of sources, where the police cannot operate PET may, besides covering expenses under normal circumstances. An or losses, remunerate sources, for undercover agent is, in contrast instance for the personal risk that to a civilian agent, a trained police they run in providing information. officer, but working under an assumed identity that enables him

72 The danish security and intelligence service

or her to move in the environments order. It follows, however, from Europe. The efforts of the Danish that are the subject of the section 754e of the Administration undercover agents contributed investigation. of Justice Act that the rules significantly to the apprehension of governing agent activity laid down the perpetrators. The case revolved Undercover agents are typically in sections 754a – 754d do not apply around an international cocaine used as part of investigations into in connection with investigations organisation with bases in Columbia serious organised crime. of, among other things, violations and Venezuela, and the case was of section 114 of the Criminal Code investigated by the American Drug Sections 754a – 754b of the on terrorism. This means that no Enforcement Administration (DEA). Administration of Justice Act explicit rules in the Administration contain rules regarding the police of Justice Act apply to the police In 2009, one of the masterminds use of agents. It follows from the use of agents if the investigation behind the smuggling operation rules that the police must not concerns terrorism according to was arrested in Rumania and incite anybody to commit a criminal section 114 of the Criminal Code. subsequently transferred to New offence. Thus, the police must not York, USA, where he, together with as part of an investigation offer It means in particular that PET may the other co-conspirators, received assistance or take steps with a view use agents in connection with the a lengthy prison sentence in 2010. to inciting somebody to commit investigation of terrorist cases a criminal offence or continue to without having to obtain a court The case was an off-shoot of commit a criminal offence, unless order in advance, and the Service another DEA investigation, also there is a strong suspicion that: may, in these cases, use civilian involving PET undercover agents, • The offence is about to be agents. The extent to which PET which led to the arrest of a Russian committed or attempted, may otherwise be bound by the national who was suspected of • the investigative measure must rules laid down in the Administration attempting to sell arms, including be presumed to be of crucial of Justice Act is decided by the ground-to-air missiles, armour- importance to the investigation; courts. There is, however, in legal piercing ammunition and explosives and literature a consensus that a ban to the Columbian terrorist • the investigation concerns an on incitement also applies to the organisation, FARC. The Russian offence that under the law can be investigation of cases concerning national was arrested in Thailand punished by imprisonment for six terrorism, i.e. that the Service in 2008, and at the end of 2010 years or more. must not incite persons to commit was transferred to New York, USA, criminal offences which they are not where he is now awaiting trial. If It also follows from the rules that already in the process of committing found guilty as charged, he risks the police assistance must not lead or attempting to commit. a prison sentence of between 25 to an aggravation of the extent years and life. or seriousness of the offence. It American cocaine case follows, similarly, that the assistance In 2009, several PET undercover The “City Guns” case or measures may exclusively be agents contributed to exposing the In 2008, a 51-year-old man was conducted by police officers. It smuggling of tonnes of cocaine from arrested on suspicion of illegal follows, furthermore, from the rules Columbia and Venezuela to West arms dealing. The illegal arms dealer that the assistance or the measures Africa, from where it was smuggled supplied criminals with guns and shall take place subject to a court onwards to, among other places, ammunition from his basement shop

73 report 2008-2010

­

American weapons and cocaine case In April 2011, one of the undercover agents of PET assisted in uncovering a Swedish national who attempted to supply weapons to the Colombian terrorist organisation FARC in return for cocaine. In this case, which has been investigated jointly with the American authorities, the PET undercover agent acted as a middleman and in Copenhagen in April 2011 he received samples of the planned weapons supplies in the form of a grenade launcher and an AK 47 rifle.

The Swedish national who has previously been convicted on charges of narcotics in Sweden has been imprisoned in the United States.

WITNESS PROTECTION photo: co l In some cases where a person must give evidence in connection with a criminal trial, including if the o urb ox person has assisted the police in solving a crime, questions will arise with respect to the protection of the witness. In the vast majority of cases, it will be sufficient that “City Guns” in central Copenhagen. the 51-year-old was sentenced the accused is not informed of The arms dealer was exposed when to three and a half years in prison the name, etc. of the witness. the police set up surveillance cam- by the Copenhagen City Court. Similarly, the court may decide to eras in the shops and a PET agent The sentence was reduced to three impose reporting restrictions on pretended to be a customer in the years and three months’ imprison- the identity of the witness, and a shop. The agent bought a Smith ment by the Eastern High Court. reporting ban, as well as to request & Wesson revolver together with that the hearings will be held in ammunition. In September 2009, camera behind closed doors.

74 The danish security and intelligence service

­

The police and the Prosecution may, committing any criminal offences furthermore, implement a number and contributes to the process of practical measures, such as personally, among other things by police escort, patrolling and guarding. not contacting his or her former It is the police districts which, if circle of friends. As part of this required, in co-operation with the process, the witness is informed Chief Prosecution and PET, are to that the witness protection carry out a specific assessment programme cannot be expected to in each individual case of what continue if the witness does not ­protective measures are required comply with these conditions. to protect the witness. Before a person can enter the In extraordinary cases where the witness protection programme, measures that can be initiated by a series of investigations and the police districts are not con- assessments have to be conducted sidered sufficient, PET may initiate to ensure that the witness witness protection measures within protection programme will prove the framework of the so-called a success. In this connection, witness protection programme. PET provides, for instance, The programme has existed in its legal, psychological and medical present form since 2001 and is con- assistance. PET is not in a position stantly being developed in the light to provide further details on the of the experience gained. In con- practical procedure in connection nection with the establishment of with witness protection or on the witness protection programme the number of such cases out of in Denmark, inspiration has been consideration for the persons that sought in a number of countries in will be protected. and outside Europe. The special pro- tective measures are introduced on the basis of a careful assessment of the present threat as well as of the witness that needs to be protected.

In the most serious cases, a complete change of identity may take place and the person concerned may also be helped to start a new life in another country. In such a situation, the witness will be informed that the change of identity is only possible if the person concerned refrains from

75 report 2008-2010

13. Security photo: Scanpix photo: P E T

The Security Department is the a number of security assignments largest department in PET and in connection with royal events, provides operational support to including visits by heads of state PET’s other units and the police and special occasions. Likewise, a districts through the Special number of foreign artists, authors Intervention Unit, the Surveillance and opinion makers have visited Unit, the Technical Support Centre Denmark and received various forms and the Negotiation Group, of protection in connection with respectively. In addition, the their stay in the country. department’s Personal Protection Unit and the International Security The IOC Congress Team perform a number of personal In September 2009, the IOC protection tasks. Furthermore, Congress was held in Copenhagen. the Security Department has a In this connection, PET’s Security General Staff section which, Department had already attended besides the Negotiation Group and meetings of the event committee of the International Security Team, the National Olympic Committee and comprises a Co-ordination Office, Sports Confederation of Denmark a Secretariat with administrative from the beginning of 2008 to staff as well as a Planning and assist with planning the practical Development Office. and security arrangements of the Congress, which was the largest In 2009 and 2010, the Security sports policy meeting that has ever Department contributed to the been held in Denmark. performance of security-related tasks in connection with a number Among the delegates were four of major events, including COP15, heads of state, including the the IOC Congress and the FIFA World American President and the First Cup in South Africa. Additionally, the Lady, the President of Brazil, the Security Department has handled Spanish Prime Minister as well as

76 The danish security and intelligence service

COP15 which was held in Copenhagen in December 2009 was one of the biggest security operations that the Danish police had ever undertaken T

An officer

photo: P E photo: from the Special Intervention Unit covered with ice during COP15

77 report 2008-2010

TECHNICAL SUPPORT CENTRE the King of Spain and the Japanese Security Department was responsi- Prime Minister. A further 20 high- ble for dividing the 192 participat- PET’s Technical Support Centre ranking persons also attended who, ing UN countries into security level performs a number of tasks within following a specific assessment, categories. This division provided the the field of technical and IT-based were assigned personal protection basis for all police security meas- surveillance, tracking and security as officers. A large number of ures. During COP15, PET’s Personal support for PET’s operational units representatives of foreign Royal Protection Unit was responsible for and the police districts. Families also attended the Congress. the personal protection of 168 VIPs, Furthermore, several royal IOC of whom 118 were heads of state and The Technical Support Centre’s main members were assigned personal government, making it the largest responsibility is to provide technical protection during their stays in personal protection assignment to assistance in regard to setting Denmark. date in the history of the Personal up different types of surveillance Protection Unit. and interception. In addition, the Technical Support Centre provides COP 15 As an illustration of the extensive assistance in connection with the The United Nations Climate Change task, approximately 80 former tracking of individuals or vehicles. Conference which was held in Copen- personal protection officers were Furthermore, the Technical Support hagen in December 2009 was one of recalled and given an intensive Centre performs security sweeps, the biggest security operations that brush-up course to enable them to for example in connection with the Danish police had ever under- take up temporary service. Similarly, uncovering concealed weapons, taken. The planning of the security the Personal Protection Unit trained explosives and communications measures in connection with the approximately 300 police officers interception equipment at special conference was further hampered who were to act as chauffeurs and localities. The Technical Support by the absence of a clear indication­ motorcade escorts during COP15. Centre also supports the operational until September 2009 that the units in connection with, for instance, conference would be attended by an searches and securing of information, extensive number of foreign heads Delegates COP15 for example from a computer. of state and government. • 118 heads of state and government The Technical Support Centre is PET’s Security Department, which • 13 vice-presidents and primarily manned by police officers like a number of PET’s other units deputy prime ministers who are also trained as, for example, was heavily involved in the security • 22 foreign ministers electronics or radio technicians. measures in connection with the • 15 other VIPs However, the Technical Support conference, began its preparations (representatives of foreign Centre also has engineers and civilian as early as 2008. For example, Secu- royal families, the UN IT experts on its staff. rity Department staff participated in Secretary General, EU the working groups that the Danish representatives, the NATO The members of staff are divided Ministry of Foreign Affairs had set up Secretary General, the into groups according to function in connection with COP15. In addition, President of the African and with different competencies, Security Department staff partici- Union, the World Bank and they regularly receive individual pated in the operational staff meet- Director, etc.) training in Denmark and abroad, ings of the Danish National Police and • 14 accompanying spouses always based on their current level Copenhagen Police. Furthermore, the of technical expertise. The Technical

78 The danish security and intelligence service

training of the officers in the police districts that undertake observation assignments.

The Surveillance Unit is primarily manned by police officers who undergo a special training programme in PET, which can be supplemented by courses abroad. Similarly in this area, lessons learned and experience are shared with corresponding units in other countries.

THE SPECIAL INTERVENTION UNIT photo: PET PET’s Special Intervention Unit is a special unit of the Service whose Support Centre engages in close that supports interception of task is to maintain an operational dialogue with partners throughout communication. anti-terrorism preparedness and the world in the development of response capability and contribute technical surveillance equipment, The Surveillance Unit is a crucial to fighting terrorism and serious etc. The Technical Support Centre support function for the Service’s organised crime by providing also provides a certain degree of operational activities. The Surveil- sound options for performing assistance to the police districts lance Unit played, among other different police assignments where in connection with invasion of the things, a vital role in connection with the standard police training and secrecy of communication and the lengthy and intense surveil- equipment is not adequate. assists in the technical training lance of the suspects in the case of the staff in the districts who concerning the weapons robbery at Special Intervention Unit tasks undertake duties relating to invasion Antvorskov Army Barracks at the • Hostage rescue of the secrecy of communication. beginning of January 2009. • Counter-terrorism • Highly dangerous arrest Similarly, the Surveillance Unit operations THE SURVEILLANCE UNIT provides assistance to the police • Difficult intervention assignments The Surveillance Unit carries districts in connection with the • Special personal protection out shadow assignments, fixed investigation of other forms of • Special monitoring assignments monitoring assignments of different serious crime, in situations when • Other special assignments where kinds, photo tasks, surveillance the Surveillance Unit’s unique the standard police training or and searches. In addition, the capabilities and competencies equipment is not adequate. Surveillance Unit assists in are required. Furthermore, the installation of surveillance the Surveillance Unit provides The Special Intervention Unit equipment as well as equipment assistance in connection with the engages in close co-operation

79 report 2008-2010

PET’s Special Intervention Unit is a special unit of the Service whose task is to maintain an operational anti-terrorism preparedness and response capability and contribute to fighting terrorism and serious organised crime

­ T oto: P E PH oto:

80 The danish security and intelligence service

­

with units from the Danish Armed Intervention Unit has participated Forces that provide assistance in several large-scale exercises in the form of personnel and and workshops in different EU ordnance as support in operational Member States. assignments and in connection with training. In addition, joint working THE PERSONAL PROTECTION UNIT groups have been established with a view to co-ordinating knowledge, PET is experiencing an ever- technology and tactics that are increasing growth in tasks relating used in connection with operational to the protection of individuals assignments and training, where and institutions. The increase is a the Danish Armed Forces provide consequence of the general threat back-up for the police. picture and a number of specific threats against public figures. In connection with COP15, the Special Intervention Unit undertook Personal protection is always responsibility for securing the provided on the basis of a waters in the Copenhagen Harbour specific threat assessment. PET and the areas around the airport. is responsible for all personal In addition, the Special Intervention protection tasks in Denmark in the Unit was responsible for a number public sector, and PET’s Personal of security-related assignments in Protection Unit today protects relation to certain VIPs as well as members of the Royal Family, the airspace above the capital. members of the Government, certain politicians and foreign ambassadors, The Special Intervention Unit as well as certain foreign guests and regularly provides assistance to the other public figures in Denmark. police districts and other PET units in connection with arrests. Similarly, the Personal protection officers are Special Intervention Unit provided trained police officers and have assistance during the abduction typically served six or seven years of a 5-year-old boy in 2008. In this in the police force before being regard, it was Special Intervention recruited to the Personal Protection Unit officers who, with support from Unit. Officers wishing to join have the Surveillance Unit, the Technical to undergo physical fitness tests, Support Centre and the Negotiation language tests, as well as tests in Group, freed the 5-year-old and weapons use and driving ability. A arrested the kidnappers. personal protection officer must be in good physical shape, have The international co-operation good co-operation skills and be between intervention forces in able to perform under challenging PET’s Special Intervention Unit and units from the Danish Armed Europe is still under development, conditions. Each year, personal Forces on patrol during COP15. and in this connection the Special protection officers are required to

81 report 2008-2010

­

PET holds no detailed knowledge of the individual embassy’s own security measures, but it is a precondition for the co-operation with the embassies that PET is notified of security measures affecting the ability of the police and the Service to perform security tasks in relation to the individual embassies.

PHoto: PET THE NEGOTIATION GROUP PET’s Negotiation Group provided pass tests in, among other things, Furthermore, the Co-ordination assistance in, among other things, driving skills, weapons use and Office regularly co-operates with the highly publicised Danish Oliver physical training. the Danish sports organisations case in 2008, in which a 5-year-old concerning major sports events boy was abducted and a demand Gamma 10 in Denmark and abroad. This led was made for the family to pay a The Personal Protection Unit has a PET, for example, to have security ransom for his return. Similarly, the special unit – ”Gamma 10” – which co-ordinators present during the Negotiation Group has assisted is specially trained for missions 2008 Summer Olympic Games in the police districts in a large and has access to specialised Beijing, the 2009 Winter Olympics number of tasks in connection with equipment. In close co-operation in Vancouver and the FIFA World entrenchments and imminent suicide with the special units and personal Cup in South Africa in June 2010. attempts, for example in Karup, protection officers of the Danish when in 2010 a pilot threatened Armed Forces, Gamma 10 members Security at foreign embassies to commit suicide by deliberately undertake personal protection in Denmark crashing a stolen, auxiliary-engine- assignments in connection with, for PET works closely together with powered glider into the ground. example, ministerial visits to conflict the foreign embassies in Denmark areas such as Iraq and Afghanistan. to protect these embassies and Thus, the Negotiation Group their staff against security-related provides assistance in connection threats. with incidents that require THE CO-ORDINATION OFFICE negotiations etc. in order to The Co-ordination Office in the In this connection, PET advises avoid the use of force, avoid Security Department handles the the foreign diplomatic missions on damage, collect information or daily contact to all ministries and security issues, and the Service promote surrender. This could be, also co-ordinates the security notifies the embassies regarding for instance, when perpetrators measures in relation to, among aspects of importance to the have barricaded themselves, or others, ministers and members of missions’ own security measures. in connection with police handling the Danish Parliament as well as of suicidal persons or mentally ill foreign representations in Denmark. individuals.

82 The danish security and intelligence service

­

Furthermore, the Negotiation Group skills. After selection, the candidates provides assistance in connection undergo an intensive training with different types of kidnappings programme. and hostage situations. This could concern, for example, family-related In their daily work, the negotiators kidnappings and hostage-takings are attached to other police units, that have financial, political and where they perform their normal ideological objectives. duties. However, they can be called in when necessary. Certain negotiators The principal task of the are able to travel to any part of negotiators is to make contact the world at very short notice to with the perpetrators with the aim, perform assignments. if possible, of gaining control and getting an overview of the situation, THE SECURITY TEAM and thus create the basis for reaching a peaceful solution. The Security Team undertakes surveillance and personal protection In addition, the Negotiation Group assignments of a more stationary provides assistance in connection nature in relation to, for example, the with Danes who are taken hostage Government, the Folketing and the abroad. The negotiators assist, Royal Family as well as particularly for example, with situation analyses, threatened persons, such as the planning solution scenarios and Danish cartoonist Kurt Vestergaard. logistics in relation to the negotiation In addition, the Security Team process. Providing advice and provides advice and protection in support to the relatives in connection with special transport of connection with a hostage situation valuables. The efforts include both is also a key task. In addition, the threat assessments and operational Negotiation Group advises the activities. Furthermore, the Security Ministry of Foreign Affairs and Team advises the financial sector Danish diplomatic missions abroad, on matters concerning security in for example by drawing up general relation to depots and cash-handling strategy plans and implementing firms. The Security Team also has on-site support measures. command of a special unit that can deploy explosive detection dogs in The Negotiation Group is manned connection with security sweeps and by staff with police training who surveillance of special locations. possess great maturity and considerable life experience and In addition, an International Security who have been carefully selected Team was established in 2009. Read on the basis of their personal, more about this team in Chapter 4. communicative and empathetic

83 report 2008-2010

14. Preventive security

Changes and developments in the Early preventive efforts threat picture have emphasised As a consequence of the changes the necessity of supplementing and developments in the threat the traditional investigative picture, early prevention of violent approach with more broad-ranging, extremism is a high-priority task of preventive efforts with the aim PET. This means an increased focus of strengthening society’s overall particularly on preventing politically resilience to terrorism, proliferation motivated extremism that incites of weapons of mass destruction, the use of violence. extremism and espionage. Strategic focus on prevention In recent years, PET has therefore The preventive efforts are a enhanced co-operation with public separate strategic focus area of authorities and private actors that PET. Through the preventive efforts, possess competencies, experience PET endeavours to ensure that and know-how of relevance to the potential threats are identified and efforts in these areas. addressed as early as possible.

The efforts require broad THE CENTRE FOR PREVENTION co-operation with a number of public The early preventive efforts are authorities and extensive dialogue carried out by PET’s Centre for with representatives of different Prevention, which is responsible ethnic and religious groups in for initiatives and projects that Denmark. This applies to individuals prevent the development of and groups that represent more violent extremism. The Centre controversial views. for Prevention advises on what action can be taken to prevent In the work, it is important for PET violent extremism and radicalisation. to respect freedom of expression It supports public authorities and and freedom of religion and to local initiatives and also helps avoid labelling individuals and young people to break away from groups on the basis of ideological a potential criminal activity or or religious affiliations. The focus continuing down a path of crime of PET is therefore on the specific already embarked upon. The and worrying behaviour that point Centre for Prevention achieves towards violence or another form its results through a cross- of criminal activity. functional and project-oriented approach and by involving, training The efforts represent an innovative and giving responsibility to the approach among security and external actors. intelligence services, and therefore

84 The danish security and intelligence service

up and tackle specific cases more quickly and more effectively.

PET’s Dialogue Forum PET’s Dialogue Forum against violent extremism consists of representatives of ethnic

photo: PET organisations, housing associations, children and youth welfare professionals and other resource partners abroad show great approach, is an obvious place to persons. To be part of this forum, interest in PET’s work in this area. embed efforts to prevent violent it is a requirement that one has extremism. The three authorities – insight and influence in one’s local Broad and solution-oriented schools, social services and police environment, and that one distances co-operation – have various opportunities to oneself from the use of violence. The efforts are based on an detect signs of worrying behaviour acknowledgement that crime pre- among young people. Through The Dialogue Forum has a vention requires a trust-building the SSP co-operation, they have broad composition with respect effort that involves many different together an opportunity to share to ethnicity, gender, views and actors in Danish society. their knowledge and co-ordinate geography. It meets twice a year crime prevention efforts. to discuss one or more themes, The Centre for Prevention where the members present their regards it as an important task The Centre for Prevention viewpoints in what is often lively to strengthen existing networks disseminates its knowledge of how debate. and institutions, both professional to tackle the risky behaviour of and voluntary, thereby being able young people to local authorities Through the Dialogue Forum, to co-operate with individuals and and police districts, partly through PET facilitates contact and builds through individuals who are already training programmes run in bridges between participants, on speaking terms with young co-operation with the Democracy associations and authorities. people and their parents. Such Office of the Danish Ministry In addition, the knowledge and networks consist of, among others, of Refugee, Immigration and experience of the participants is the nationwide SSP co-operation Integration Affairs. brought into play to bolster the (Schools – Social Services – Police), preventive efforts that the Centre the PET Dialogue Forum against The nationwide efforts of PET have for Prevention otherwise sets in violent extremism, and a large contributed to raising awareness motion – e.g. when PET publishes number of contacts in different of prevention of extremism as an advisory material or launches local settings in Denmark. integral part of the local crime projects that require a detailed prevention work. The efforts knowledge of the recipients. SSP co-operation have thus created an increased It is the experience of PET that the awareness that has contributed PET supports as far as possible SSP structure, with its nationwide to ensuring that local actors have preventive measures that emerge network and cross-functional been given an opportunity to gather from members of the Dialogue

85 report 2008-2010

Forum – e.g. by facilitating contact wanting lectures by, and panel included, among others, public to relevant authorities and making participation of, PET staff in authorities, representatives of the Centre for Prevention’s connection with events, for example associations, local communities and knowledge available to panel at folk high schools, in societies media, researchers and politicians. debates with young people, etc. and associations or at schools. PET experiences that many, both At the latest conference in The Danish Prison and teachers and parents, are looking 2009, the theme “Terrorism and Probation Service to learn more about radicalisation communication” was highlighted Experience shows that prisons and violent extremism in general through presentations and panel and detention centres can provide and what they, as the young debate involving national and the setting for radicalisation and person’s closest contact, can be international experts, politicians and recruitment efforts targeted aware of themselves. Besides giving journalists. PET placed focus on the at weak or otherwise vulnerable presentations at conferences and importance of precise language use inmates. PET and the Danish Prison seminars, the staff at the Centre so as to avoid both stigmatisation and Probation Service collaborate for Prevention have also provided and mixing religion and violent on a new training programme individual advice in response to ideology. When religious concepts targeted at all members of staff specific enquiries. are used incorrectly, there is a risk in the Danish Prison and Probation of legitimising and supporting the Service who are in contact with In addition, it is the experience of language use of violent extremists persons serving a prison sentence. PET that this form of outreach work and dividing the world into an The aim is to prevent and counter has a significantly positive influence “us” versus “them”. This issue was radicalisation and violent extremism on people’s view and attitude also debated in workshops by the in the Danish Prison and Probation towards PET in a number of conference delegates, where the Service institutions. potentially vulnerable local settings conclusions specifically highlighted and among young people who could the importance of four aspects: The role of PET is to provide be targeted for recruitment by firstly, dialogue with all groups and knowledge and training instruction extremist groups. The number of religious communities; secondly, in order to raise awareness of associations and institutions that inclusion; thirdly, refraining from these phenomena. For this purpose, request lectures by the Centre making imprecise generalisations; a user-friendly electronic handbook for Prevention has been steadily and last but not least, recognising is being developed for the Prison increasing since the Centre was that the efforts to combat violent and Probation Service’s own established. radicalisation are a common cause instructors to use. The training that requires a common effort. instruction is designed ultimately to PET’s outreach contact is co-ordi­ be incorporated in the basic training nated with the outreach and Exit interviews programme of all prison officers. ­trust-building activities carried With financial support from the EU, out by other authorities in relevant and in co-operation with the Danish Building trust through local settings. Ministry of Refugee, Immigration outreach contact and Integration Affairs, PET has This part of the Centre for Since 2003, PET has held four launched a pilot project which Prevention’s activities comprises public conferences on terrorism focuses on developing methods outreach contact to local partners and security. The participants have that can contribute to pulling

86 The danish security and intelligence service

Undgå BESKYT DIN – TænkVIRKSOMHED sikkerheden med VejledningKIDNAPNING for danskere i udlandet

1

1 people away from a path of violent extremism. The project is part of InformatIon the Government’s action plan “A Security Common and Safe Future” from 2009, and is to be completed in 2012. It is PET’s aim to encourage people to change their behaviour terrorism, extremism and espionage, the Confederation of Danish towards a non-extremist direction PET contributes to strengthening Industry (DI). The co-operation has by means of direct contact and the security and robustness of contributed to drawing increased dialogue. The idea is for PET to Danish society. attention to security-related issues support the actors that are best among Danish companies at risk of placed to reach vulnerable people Who receives advice from PET? becoming a target for terrorism, by equipping them with tools for PET’s security advisers provide extremism or espionage, either in tackling the difficult challenges. advice to the institutions and actors Denmark or abroad. As part of the that are threatened, particularly co-operation, PET has assisted with Sharing knowledge and those vulnerable or absolutely criti- advice in connection with a number experience with others cal to Danish society. This segment of meetings organised by DI. When having to achieve results includes, for example, the Folketing in such a complex area as the and its members, the Royal Family, In 2009, PET and DI jointly published prevention of violent extremism, individuals under particular threat, the set of guidelines, “Avoid it is important to have access ministries and agencies, public Kidnapping”, which was well received to other people’s knowledge and enterprises, foreign embassies in by both public authorities and experience. PET therefore constantly Denmark and Danish diplomatic companies. The guidelines contain collects both research and missions abroad. PET also advises practical and specific advice on what experience-based knowledge from owners and operators of Denmark’s precautionary measures employees foreign institutions and authorities critical national infrastructure. The and companies can take to prevent for use as inspiration for the advice focuses particularly on the and tackle kidnappings abroad. In preventive work. PET also regularly areas of energy, transport, IT and 2010, PET and DI also published and systematically evaluates the telecommunications. the leaflet “Beskyt din virksomhed” ongoing preventive activities. (Protect your company – available In addition, the Centre for in Danish only), which contains a list Protective Security provides of advice regarding what companies THE CENTRE FOR PROTECTIVE advice to private companies and can do specifically in an increasingly SECURITY organisations when warranted by global market to protect themselves Security advice special considerations. As part against, for example, the threat PET provides security advice in of the efforts to strengthen of terrorism. Furthermore, in relation to a number of public the robustness and security of December 2010, PET published the authorities and private organisations Danish companies in response to leaflet “Information Security”, which in Denmark. Through advice on what the threat of terrorism, serious provides tips to public authorities action can be taken to protect an organised crime and espionage, and companies on how to prevent authority or organisation against PET co-operates with, among sensitive information falling into the the threat posed by, for example, others, the industry organisation, wrong hands.

87 report 2008-2010

How does PET advise? recipient, by holding larger meetings Danish foundation, TrygFonden, The Centre for Protective Security with several recipients – e.g. in one has launched a project designed provides a holistic approach to advice of the many contact groups com- to result in the provision of on security that integrates three prising representatives of public target security advice to owners, interconnected elements of a robust authorities and private companies employees and security officers security culture: personal security, and institutions, etc. – or by publish- at locations where many people physical security and information ing advisory publications that are congregate. For this purpose, an security. The advice focuses on risk available to all. extensive analysis will be conducted management and risk reduction. of how ordinary Danes perceive The objective is to establish the The objective is always to deliver their safety and security. A total of necessary robustness in relation to targeted advice that meets the DKK 4 million has been granted for the current threat picture. needs of the recipients. One or this project, which is planned to be more of the advice-giving principles implemented in the middle of 2012. Basically, an advice situation is brought into play based on starts with an assessment of the an assessment of the critical Personnel security threat and the relevant resilience, importance of an area and the Following request by public respectively (see figure). The threat breadth of the target group. ­authorities, PET undertakes security assessment is prepared primarily by investigations into personnel who PET’s Centre for Terror Analysis (CTA) Physical security are to handle classified material. and the Centre for National Security. The demand for advice on physi- The authorities decide for them- cal security continues to increase. selves whether to grant security Target The attack on the Danish Embassy clearance on the basis of PET’s in Islamabad on 2 June 2008 shows investigations. For police officers that, among others, Danish diplo- and persons in private companies matic missions abroad find them- who perform tasks for the police,

Risk selves in a new security situation. PET is the vetting authority. Consequence Therefore, more efforts have been Probability added to enhance the security of Before a security investigation can embassies. In co-operation with be conducted, the person who is to the Ministry of Foreign Affairs, PET be investigated must provide his or Threat Resilience provides ongoing advice on the her written consent. The scope of implementation of necessary secu- the particular security investigation rity measures at Danish diplomatic depends on the classification level The security advice is provided missions abroad. Read more about of material the person is to be according to the following embassy security in Chapter 4. allowed to handle. principles: • “one to one” Experience from abroad shows The number of security investiga- • “one to many” that terrorists often prefer easily tions has been rising sharply in • “one to all” accessible and unprotected targets recent years, which is partly due where many people congregate. to the public authorities’ increased The advice can be provided in the Therefore, the Centre for Protective need for staff who are to handle form of dialogue with a single Security, in co-operation with the classified material.

88 The danish security and intelligence service

The number of security investigations

23324 2006

27864 2007

33457 2008

41589 2009

0 10,000 20,000 30,000 40,000 50,000

Information security is achieved partly by focusing PET is Denmark’s national security on the security culture of the authority, and the framework for particular authority and by PET’s activities with information approving technological solutions security are described in Circular that are both secure and user- No. 204 of 7 December 2001 issued friendly. by the Prime Minister’s Office on security protection of information PET also engages in dialogue with a of common interest to the number of companies regarding the countries in NATO, EU or WEU. handling and protection of sensitive information with the aim of helping PET approves and oversees civil to strengthen the robustness of authorities that handle information these companies against espionage, that is deemed classified out of theft or inappropriate exposure of regard for national security. There critical company data. is an increasing need to approve the authorities’ handling of classified In recent years, PET has channelled information and thus also an more resources to this area, and increased need for advice on how has also established close to secure such information in an collaboration with the Danish effective and proportionate manner. Defence Intelligence Service (DDIS) and the National IT and Telecom PET’s goal is to contribute to Agency. The co-operation concerns enhancing the general information both prevention and tackling of security of public authorities and threats to information security. their handling of both sensitive and formally classified information. This

89 report 2008-2010

Appendices

A. THE Danish Criminal C ode or who brings about an evident danger of – Special Chapters such action shall be liable to imprisonment for any term not exceeding six years. Chapter 12 Offences against the Independence and (2) Any person who by public statements Safety of the State incites intervention by a foreign power in the affairs of the Danish state or who brings §98 (1) Any person who, by foreign about an evident danger of such intervention assistance, by the use of force, or by the shall be liable to a fine or imprisonment for threat of such, commits an act aimed at any term not exceeding one year. bringing the Danish state or any part of it under foreign rule or at detaching any part §101 Any person who, in the face of of the state shall be liable to imprisonment impending war, enemy occupation or any for any period up to life imprisonment. other hostilities commits an act by which preparations are made for aiding the enemy (2) The same penalty shall also apply to any shall be liable to imprisonment for any term ­person who, for the purpose mentioned in not exceeding 16 years. Subsection (1) above, organises extensive sabotage, suspension of production or §102 (1) Any person who, in time of war or traffic, as well as to any person who partakes enemy occupation, assists the enemy by word in such an act, ­conscious of its purpose. or deed or, for the promotion of enemy interests, impairs the military efficiency of §99 (1) Any person who commits an act the Danish­ state or any allied power, shall aimed at involving the Danish state or any be liable to imprisonment for any term not allied power in war, enemy occupation or exceeding 16 years. other hostilities, such as blockade or any other coercive measure or who otherwise (2) The following acts shall be deemed to be endeavours to bring about, by foreign assistance to the enemy: assistance, a violation of the independence of the Danish state, shall be liable to 1) Recruitment for or service in the armed imprisonment for any term up to life forces of any enemy power at war or in imprisonment. occupation, or in associated military or police forces or in any similar bodies or (2) For the purpose of this Section and other organisations. Sections of Chapters 12 and 13 of this Act, 2) Exercise of functions as a civil employee enemy occupation shall mean foreign occupa- in the police or prison administration tion of any territory of the Danish state, if of any enemy power at war or in and so long as it is inflicted on the country occupation, where such functions include by the use of force or by the threat of force. participation in the examination or custody of prisoners. §100 (1) Any person who by public statements 3) Informing or similar collaboration with incites enemy action against the Danish state any enemy authority or any associated

90 The danish security and intelligence service

organisation or person bringing about imprisonment for any term not exceeding the arrest or risk of arrest or injury of four months. anybody associated. 4) Propaganda for the benefit of any §104 (1) Any person who, directly or through enemy power at war or in occupation, an intermediary, unduly co-operates for including activities as publisher, editor or commercial purpose with any enemy power administrative officer of any daily paper, at war or in occupation shall be liable to a periodical, publishing business or press fine or to imprisonment for any term not bureau working for the promotion of exceeding eight years, enemy interests. 5) Payment of substantial financial (2) Criminal liability under Subsection (1) assistance to others with a view to above may devolve on any person who has had promoting propaganda of the nature a position of management in the undertaking referred to in No. 4) above or to any party concerned. Criminal liability may also devolve or organisation unduly co-operating with on other persons employed in the the enemy power at war or in occupation undertaking when their conduct has been or promoting the interests of such power. particularly objectionable.

(3) Where informing as under No. 3, (3) In determining whether and, if so, to what Subsection (2) above has taken place under extent the co-operation is deemed to be such circumstances that the informer undue in this sense, account shall be taken was aware that a person thereby incurred not only of the importance of the undertaking the risk of imminent danger of losing his to the enemy power at war or in occupation, life, suffering grievous harm to person or but also of whether the person concerned health, of being deported or being deprived of his liberty for a long time, or where 1) had himself taken steps to arrange Sections 245, 246 or 250 of this Act have for the establishment, continuation or been contravened with a view to extorting extension of any business relations; or evidence or a confession or otherwise as 2) in the interest of the enemy at his own part of any maltreatment of prisoners, initiative has reorganised the undertaking, imprisonment for life may be inflicted. or has achieved, or attempted to achieve, an increase or acceleration of production §103 (1) Any person who, in time of war or above what was necessary; or occupation or imminent danger of such, fails 3) had called on the assistance of the to fulfil a contract relating to measures taken enemy in his relations with any Danish by the Danish state in this connection, or who authority with a view to promoting his otherwise counteracts such measures, shall own interests; or be liable to imprisonment for any term not 4) had prevented or tried to prevent any exceeding three years. Danish public authority from obtaining full access to knowledge of the (2) If the failing fulfilment is due to gross circumstances of the undertaking; negligence, the penalty shall be a fine or

91 report 2008-2010

5) had obtained or tried to obtain an §108 (1) Any person who, by any act other excessive profit or any other privileges than those covered by Section 107 of this not reasonably justified in the Act, enables or assists the intelligence undertaking. service of a foreign state to operate directly or indirectly within the territory of the Danish §105 Any person who, in time of enemy state shall be liable to imprisonment for any occupation, commits an act aimed at inducing term not exceeding six years. the occupying power or any organisation or person associated with that power to (2) If the information concerns military impair the independence of any Danish public affairs or if the act is committed during war authority, or who takes undue advantage of or enemy occupation, the penalty may be any connection with the occupying power or increased to imprisonment for any term not with any organisation or person associated exceeding 12 years. with that power with a view to obtaining for himself or for others a special privilege, shall §109 (1) Any person who discloses or be liable to imprisonment for any term not imparts any information on secret exceeding eight years. negotiations, deliberations or resolutions of the state or its rights in relation to foreign §106 Any person who acts against the states, or which has reference to interests of the state in carrying out a duty substantial economic interests of a public entrusted to him to negotiate or settle, on nature in relation to foreign countries, shall behalf of the state, any matter with any be liable to imprisonment for any term not foreign state, shall be liable to imprisonment exceeding 12 years. for any term not exceeding 16 years. (2) If any of these acts has been committed §107 (1) Any person who, being in the service through negligence, the penalty shall be of any foreign power or organisation or for a fine or imprisonment for any term not the use of persons engaged in such service, exceeding three years. inquires into or gives information on matters which, having­ regard to Danish state or §110 (1) Any person who forges, destroys or public interests, should be kept secret, shall, removes any document or any other instru- whether or not the information is correct, be ment that is of importance to the safety of guilty of espionage and liable to imprisonment the state or to its rights in relation to for - for any term not exceeding 16 years. eign states shall be liable to imprisonment for any term not exceeding 16 years. (2) If the information is of the nature indicated in Section 109 of this Act, or if the (2) If any of these acts has been committed act is commit­ted in time of war or enemy through negligence, the penalty shall be occupation, the penalty may be increased to a fine or imprisonment for any term not imprisonment for life. exceeding three years.

92 The danish security and intelligence service

§110a (1) Any person who, intentionally of the United Nations shall be liable to a or through negligence, without being duly fine or to imprisonment for any term not authorised to do so, exceeding four months or, in aggravating circumstances, to imprisonment for any 1) describes, takes photographs or term not exceeding four years. otherwise depicts Danish military works of defence, depots, units, arms, material (3) Any person who contravenes any etc., which are not accessible to the provisions provided by or issued pursuant to public, or who copies or publishes such regulations adopted under the provisions of description or depictions; or Articles 60, 301 or 308 of the Treaty on the 2) publishes provisions relating to the European Union and that aims at mobilisation of Danish forces or other discontinuing or reducing in whole or in part war preparations, shall be liable to a the financial or economic relations with one fine or imprisonment for any term not or more countries outside the European exceeding three years. Union or at similar sanctions towards individuals, groups of individuals or legal (2) Any person who, intentionally or through persons shall be liable to same punishment negligence, without being duly authorised to as stated in (2). do so, takes photographs from aeroplanes over any territory of the Danish state or (4) If any offence is committed as mentioned publishes such unlawfully taken photographs, in (1), (2) or (3) through negligence, such shall be liable to a fine. offence shall be punished with a fine or with imprisonment for any term not exceeding §110b Any person who gives his assistance to two years. any violation of neutrality against the Danish state on the part of any foreign power shall §110d If any of the offences dealt with in be liable to imprisonment for any term not Chapters 25, 26 or 27 of this Act is committed exceeding eight years. against a foreign sovereign or the head of any foreign diplomatic mission, the penalty §110c (1) Any person who contravenes any may exceed the most severe penalty provisions or prohibitions that may have prescribed for any of the offences by up to been provided by law for the protection of one half, unless where the offence is dealt state defence or neutrality shall be liable to with in chapter 13. a fine or to imprisonment for any term not exceeding four months or, in aggravating §110e Any person who openly insults any circumstances, to imprisonment for any foreign nation, foreign state, its flag or term not exceeding three years. any other recog­nised symbol of nationality or the flag of the United Nations or the (2) Any person who contravenes any Council of Europe shall be liable to a fine or provisions or prohibitions that may have to imprisonment for any term not exceeding been provided by law for the fulfilment two years. of the state’s obligations as a member

93 report 2008-2010

§110f The offences referred to in this organisation to carry out or omit to carry Chapter shall, in all cases, be dealt with by out an act or to destabilise or destroy a public prosecution, to be instituted by the country’s or an international organisation’s order of the Minister of Justice. fundamental political, constitutional, financial or social structures, commits one Chapter 13 or more of the following acts, when the act Offences against the Constitution and the due to its nature or the context, in which Supreme Authorities of the State it is committed, can inflict a country or an international organisation serious damage, §111 Any person who commits an act aimed, shall be guilty of terrorism and liable to by foreign assistance, by the use of force, imprisonment for any term extending to life or by the threat of such, at changing the imprisonment: Constitution or making it inoperative shall be liable to imprisonment for any term extending 1) Homicide pursuant to Section 237 of to life imprisonment. this Act 2) Gross violence pursuant to Section 245 §112 Any person who commits an act or Section 246 of this Act directed against the life of the sovereign or 3) Deprivation of liberty pursuant to Section of the constitutional regent shall be liable to 261 of this Act imprisonment for not less than six years. 4) Impairment of the traffic safety pursuant to Section 184(1) of this Act; unlawful §113 (1) Any person who interferes with the disturbances in the operation of public safety or independence of the Parliament or means of communication et cetera otherwise commits any act aimed, by the use pursuant to Section 193(1) of this Act; of force or the threat of such, at extorting or gross damage to property pursuant any resolution from the Parliament or pre- to Section 291(2) of this Act; if these venting it from freely exercising its activities violations are committed in a way which shall be liable to imprisonment for any term can expose human lives to danger or not exceeding 16 years or, in aggravating cause considerable financial losses. circumstances, to life imprisonment. 5) Seizure of transportation means pursuant to Section 183a of this Act. (2) The same penalty shall apply to any 6) Gross weapons law violations pursuant person­ who similarly interferes with or to Section 192 a of this Act or Law about exercises coercion against the sovereign or Weapons and Explosives Section 10(2). against the constitutional regent or against 7) Arson pursuant to Section 180 of this the ministers, the Constitutional Court or Act; explosion, spreading of noxious the Supreme Court. gasses, flooding, shipwrecking, railway or other traffic-accident pursuant to § 114 (1) Any person who, by acting with the Section 183(1)-(2) of this Act; health- intent to frighten a population to a serious endangering contamination of the water degree or to unlawfully coerce Danish or supply pursuant to Section 186(1) of this foreign public authorities or an international Act; health-endangering contamination

94 The danish security and intelligence service

of products intended for general use etc. International Civil Aviation dated 24 pursuant to section 187(1) of this Act. February 1988. 8) Possession or use et cetera of 2) Violation of Sections 180, 181 Subsection radioactive substances pursuant to (1), 183 Subsections (1) or (2), 184 Section 192 b. Subsection (1), 237, 244, 245, 246, 250, 252 Subsection (1), 260, 261 Subsection (2) Similar punishment shall apply to any (1) or (2), 266 or 291 Subsections (1) or person who, with the in Subsection (1) (2) when the act is included in Article (2) mentioned intent, transports weapons or of the Convention on the Prevention and explosives. Punishment of Crimes against Internationally Protected Persons, (3) Similar punishment shall further apply including Diplomatic Agents dated 14 to any person who, with the in Subsection (1) December 1973. mentioned intent, threatens to commit one of 3) Violation of Section 261 Subsections (1) the acts mentioned in Subsections (1) and (2). or (2) when the act is included in Article (1) of the International Convention § 114a against the Taking of Hostages dated 17 If one of the acts mentioned in items 1-6 is December 1979. committed without the act being included 4) Violation of Sections 180, 181 Subsection in Section 114, the penalty may exceed the (1), 183 Subsections (1) or (2), 186 highest statutory penalty for the offence by Subsection (1), 192 a Subsection (2), 192 up to half. If the highest statutory penalty b, 237, 244, 245, 246, 260, 266, 276, 278, for the offence in question is less than 279, 279 a, 281, 288, or 291 Subsection (2) four years imprisonment, the penalty may, when the act is included in Article (7) of however, be increased to imprisonment for the Convention on Physical Protection of any term not exceeding six years. Nuclear Material (the IAEA Convention) dated 26 October 1979. 1) Violation of Sections 180, 181 Subsection 5) Violation of Sections 180, 181 Subsection (1), 183 Subsections (1) or (2), 183 a, 184 (1), 183 Subsections (1) or (2), 183 a, 184 Subsection (1), 192 a Subsection (2), Subsection (1), 192 a Subsection (2), 193 193 Subsection (1), 237, 244, 245, 246, Subsection (1), 237, 244, 245, 246, 252 250, 252 Subsection (1), 266, 288, or 291 Subsection (1), 260, 266, 288, or 291 Subsections (1) or (2) when the act is Subsections (1) or (2) when the act is included in Article (1) of the Convention included in Article (3) of the Convention for the Suppression of Unlawful Seizure for the Suppression of Unlawful of Aircraft dated 16 December 1970, Acts against the Safety of Maritime Article (1) of the Convention for the Navigation dated 10 March 1988, or Suppression of Unlawful Acts against Article (2) of the Protocol for the the Safety of Civil Aviation dated 23 Suppression of Unlawful Acts against the September 1971, or Article (II) of the Safety of Fixed Platforms located on the Protocol for the Suppression of Unlawful Continental Shelf dated 10 March 1988. Acts of Violence at Airports Serving

95 report 2008-2010

6) Violation of Sections 180, 181 Subsection (2) Any person who recruits another person (1), 183 Subsections (1) or (2), 183 a, 184 to com­mit or advance actions included in Subsection (1), 186 Subsection (1), 192 a Section 114 b of this Act or to join a group or Subsection (2), 193 Subsection (1), 237, association in order to encourage the group 244, 245, 246, 250, 252 Subsection (1), or association to commit acts of this nature 266, or 291 Subsection (2) when the act is shall be liable to imprisonment for any term included in Article (2) of the International not exceeding six years. Convention for the Suppression of Terror- ist Bombings dated 15 December 1997. (3) Any person who lets himself/herself be recruited to commit actions included in §114b Any person who Sections 114 or 114 a of this Act shall be liable to imprisonment for any term not 1) directly or indirectly provides financial exceeding six years. support to; 2) directly or indirectly procures or collects §114d (1) Any person who trains, instructs means to; or or in any other way teaches another person 3) directly or indirectly places money, other to commit or advance actions included in assets or financial or other similar means Sections 114 and 114 a of this Act, knowing at the disposal of: that this person intends to use the skills for a person, a group or an association, which such a purpose, shall be liable to imprison- commits or intends to commit acts of ment for any term not exceeding ten years. terrorism as included under Section 114 Under particularly aggravating circum- or 114 a of this Act, shall be liable to stances, the penalty may be increased to imprisonment for any term not exceeding any term not exceeding sixteen years. It is ten years. considered particularly aggravating circum- stances especially in cases involving viola- §114c (1) Any person who recruits another tions of a systematic or organised nature. person to commit or advance actions included in Sections 114 or 114 a of this Act (2) Any person who trains, instructs or in any or to join a group or association in order other way teaches another person to commit to encourage that the group or association or advance actions included in Section 114 b commits acts of this nature shall be liable of this Act, knowing that this person intends to imprisonment for any term not exceed- to use the skills for such a purpose, shall be ing ten years. Under particularly aggravating liable to imprisonment for any term not circumstances, the penalty may be increased exceeding six years. to any term not exceeding sixteen years. It is considered particularly aggravating circum- (3) Any person who lets himself/herself stances especially in cases involving violations be trained, instructed or in any other of a systematic or organised nature. way taught to commit actions included in Sections 114 or 114 a of this Act shall be liable to imprisonment for any term not exceeding six years.

96 The danish security and intelligence service

§114e Any person who otherwise advances shall be liable to imprisonment for any the activities of another person, group or term not exceeding six years. association, committing or intending to commit actions included in Sections 114, 114 §115 (1) If any of the offences dealt with a, 114 b, 114 c, or 114 d of this Act, shall be in Chapters 25, 26 or 27 of this Act is liable to imprisonment for any term not committed against the sovereign or against exceeding six years. the constitutional regent, then, unless the circumstances are covered by Sections 112 §114f Any person who, by any act other and 113 of this Act, the penalties prescribed than those included under Sections 114- in the above Chapters for such an offence 114e of this Act, participates in or provides are increased up to the double. significant financial support or other significant support to any corps, group or (2) If any of the said offences is committed association, which intends, by use of force, against the Queen, the Queen Dowager or to exert influence on public affairs or give the heir apparent, the penalty may exceed rise to disturbances of the public order, shall the most severe penalty prescribed for any be liable to imprisonment for any term not of the offences by up to one half. exceeding six years. §116 (1) Any person who prevents or §114g Any person who, by any act other than attempts to prevent any holding of elections those included under Sections 114-114f of to the Parliament, to the Assembly of the this Act, participates in an illegal military Faeroe Islands or to the municipal or any organisation or group, shall be liable to a fine other public councils or authorities, or who or imprisonment for any term not exceeding corrupts the outcome of any election or two years. renders it impossible to count the votes, shall be liable to imprisonment for any term §114h Any person who, under aggravating not exceeding six years. circumstances in contravention of the legislation on non-proliferation of weapons (2) The same penalty shall apply where of mass destruction et cetera, such acts are committed in connection with a referendum in public affairs, as provided 1) exports products with dual use without by law. permission; 2) for the use by the authorities in making §117 Any person who, in the case of the decisions about products with dual use elections or referendums referred to in gives incorrect or misleading information Section 116 of this Act, or suppresses information of significance 1) unlawfully obtains authorisation, for for the decision in the case; or himself or for others, to take part in the 3) acts in violation of conditions which are voting; or stipulated in the authorities’ decisions 2) attempts, by unlawful coercion (as about products with dual use; described in Section 260 of this Act), by deprivation of liberty or by taking

97 report 2008-2010

advantage of a position of superiority, Subsection (1) above and by using the means to induce some other person to vote in indicated in that Subsection, commits the a particular way or to abstain from offence dealt with in Section 193 of this Act voting; or or any similar act detrimental to the public 3) causes, by deceit, some other person, good. against his intention, to abstain from voting or brings it about that such a §118a The offences referred to in Sections person’s vote is rendered invalid or that 111-115 and 118 of this Act shall in all cases it has an effect different from that be dealt with by public prosecution, to be intended; or instituted by the order of the Minister of 4) grants, promises or offers any pecuniary Justice. advantage with a view to making a person vote in a particular way or abstain from ­ voting; or 5) receives, or demands or accepts the promise of any pecuniary advantage against voting in a particular way or against abstaining from voting; shall be liable to imprisonment for any term not exceeding two years.

§118 (1) Any person who, by the use of force or the threat of force or by exploiting a fear of intervention on the part of a foreign power, prevents or attempts to prevent any public authority from freely exercising its activities shall, if the act is committed for the purpose of influencing public affairs or disturbing the public order, be liable to imprisonment for any term not exceeding 12 years.

(2) The same penalty shall apply to any person who, for the purpose indicated in Subsection (1) above and by using the means indicated in that Subsection, gravely impairs freedom of speech or prevents any society or any other association from freely exercising its lawful activities.

(3) The same penalty shall again apply to any person who, for the purpose indicated in

98 The danish security and intelligence service

B. Act No. 378 of 6 July 1988 on the which are of importance in connection with establishment of a committee the activities of the intelligence­ services. regarding the Danish Defence When informing the committee, consideration Intelligence Service (FE) and the will be given to the special circumstances, Danish Security and Intelligence which apply to intelligence activities. Service (PET) §3 The committee can, orally or in written Law on the setting up of a committee on the form, inform the Government of its opinion Danish Defence Intelligence Service, FE, and of the issues, which are dealt with by the the Danish Security Intelligence Service, PET committee.

BE IT KNOWN that the Folketing has enacted §4 The financial control of the intelligence and We Margrethe the Second, by the Grace services is not included in those matters of God, Queen of Denmark, have given Our supervised by the committee. However, in Royal Assent to the following Act: connection with the asking for information from the Government, the committee may §1 (1) With the purpose of supervising be informed of the general guidelines for the Danish defence and police intelligence the finances of the intelligence services. services, a committee is set up. §5 The committee members and the (2) The committee shall consist of five secretary are bound by confidentiality in members, MPs, appointed by those parties respect of the information acquired on the that are members of the Praesidium of the committee. Danish Parliament (Folketing). The committee itself elects its chairman. §6 The law will become effective as of 1 August 1988. Signed at Marselisborg Castle, (3) Each member of the committee may 6 July 1988. institute convening a meeting. Discussions in the committee may also take place upon the wish of the Government. Given under Our Royal Hand and Seal

(4) A secretary, who is not a Member MARGRETHE R. of the Folketing, shall be attached to the committee. The secretary shall be /Erik Ninn-Hansen permanently employed by the Folketing.

§2 The Government will inform the committee of the guidelines established with regard to the activities of the intelligence services. Furthermore, the Government shall keep the committee­ informed of important security issues or of foreign policy issues

99 report 2008-2010

C. Statutory Provisions regarding and proportionate action with respect to the Danish Security and the particular threats. Intelligence Service (PET) of 7 December 2009 The field of responsibility of PET also comprises the most serious form of I. Principal tasks organised crime, in which PET shall in The task of the Danish Security and particular be responsible for preparing Intelligence Service (PET) is to prevent, investigation proposals and forwarding investigate and counter undertakings and these proposals to the police districts. acts that pose or potentially pose a threat to Denmark as an independent, democratic II. Management and tasks and safe society. The management of, and responsibility for, the performance of the tasks that the PET shall thus, through its activities, provide Ministry of Justice has assigned to PET a basis which ensures that threats of the shall lie with the Director General of PET. nature described can be identified and handled as early and effectively as possible. The Director General of PET shall, as and An effective and permanent maintenance when relevant, adapt the organisation of the of the country’s internal security requires Service in a way which ensures that it is at sustained, multi-faceted and aligned efforts all times optimally equipped to perform the by a number of authorities, and PET has a assigned tasks, including in light of changes responsibility to ensure the coordination and developments in the threat picture. of these overall efforts. In this connection, the Director General The primary field of responsibility of PET of PET shall at all times strive to ensure comprises the offences that are described that PET has the proper structure and in Chapter 12 (Offences against the internal organisation to perform the tasks, Independence and Safety of the State) and that it has the most appropriate and Chapter 13 (Offences against the staff composition, an effective IT platform Constitution and the Supreme Authorities as well as the necessary technological of the State, Terrorism, etc.). and surveillance capability. In addition, the Director General of PET shall strive PET shall perform its tasks by means of to ensure that relevant national and intelligence gathering, surveillance, international partnerships are constantly investigation and preventive measures. maintained and developed.

In this connection, PET shall, through using In organisational terms, PET is part of the the means and instruments at its disposal, Danish National Police. However, the Director ensure that a comprehensive picture of General of PET shall, in relation to the the current security-related threats to the performance of his or her tasks pursuant to country’s internal security is provided at all these Statutory Provisions, report directly times, so as to enable PET to take relevant to the Ministry of Justice.

100 The danish security and intelligence service

The Director General of PET shall at all Terrorism times keep the Ministry of Justice directly Serious crime that is committed by groups, informed of all matters of importance to organisations or individuals to frighten the national security, and in general of a population, destabilise the social order all matters of major importance to the or seek to pressure Danish or foreign activities of PET, including all important authorities or international organisations single issues and contact with national and to take action or refrain from taking action, international authorities. as well as financing of such crime or other related involvement, cf. especially sections III. The primary tasks of the Danish Security 114a-114e of the Danish Criminal Code. and Intelligence Service PET shall have the following primary tasks: Extremism The Use of extreme and undemocratic A. Threat assessments means to achieve political, ideological or PET shall on an ongoing basis, and at short religious goals; cf. e.g. sections 114f–114g notice depending on the circumstances, be and 118 of the Danish Criminal Code. responsible for identifying and assessing security-related threats to Denmark and the Espionage national security, to Danish interests abroad The illegal intelligence activity of foreign and in relation to specific events, locations, powers or organisations, cf. especially persons and organisations. sections 107 and 108 of the Danish Criminal Code, including actions aimed at obtaining The threat assessments shall in form and information within research and technology, content be required to provide a basis for etc. (e.g. industrial espionage). specific decisions, including, for example, deliberations regarding the implementation Other forms of crime of specific counter-measures as well as The criminal activity that in its nature, the planning and prioritisation of additional seriousness and international connections or gathering of intelligence. in its objective threatens national security or the social order, or which obstructs or B. Offences stipulated in Chapters 12 and 13 undermines democratic functions, cf. e.g. of the Danish Criminal Code sections 114f–114g and 118 of the Danish PET shall, by means of using the resources Criminal Code. at its disposal, cf. section IV for a more detailed description, ensure the most Non-proliferation effective and earliest possible gathering of The illegal proliferation of products and intelligence for use for analysis, prevention technology that can be used to manufacture and further investigation concerning weapons, etc., including particularly weapons activities that constitute or potentially of mass destruction, cf. especially section constitute a violation of the provisions laid 114h of the Danish Criminal Code. down in chapters 12 and 13 of the Danish Criminal Code. These activities include:

101 report 2008-2010

C. The most serious form of organised crime PET shall on an ongoing basis assess The field of responsibility of PET also security-related threats and determine an comprises the most serious form of appropriate level of protection in relation to organised crime. This means in particular the particular persons and the institutions gang and network crime that is characterised to which they belong, as well as in relation to by its international, cross-border and foreign diplomatic missions and international professional character and is committed organisations in Denmark. PET shall also be through the use of violence, threats and responsible for the contact between these weapons in hard-to-infiltrate environments institutions, etc. and the Danish police on with a high level of security. security issues.

On the basis of, e.g. information from the In addition, PET shall be involved in the Police Investigative Support Database (PED), performance of a number of other PET shall prepare investigation proposals preventive security tasks in connection and, if and when adopted, make the decision with state visits or other events involving to forward these proposals to the relevant the Royal Family, the Folketing (Danish police district. The particular police district Parliament) and the Government, when it shall assume responsibility for the has been assessed that a particular security investigation and its implementation, which level is needed, for instance in connection shall take place under the normal supervision with summits, international conferences or of the relevant regional prosecutor. Officers other major events held in Denmark. In this from PET may participate in the connection, it shall be the task of PET to investigation by special arrangement. co-ordinate the security operations with the local police and make recommendations for The activities of PET in this area shall also specific security measures. contribute to providing the Service at the earliest possible moment with a basis for E. Operational support to the police identifying potential links between the most PET shall provide assistance to the police serious form of organised crime and the districts in connection with special police other operational tasks of PET. operations, for example in relation to resolving hostage situations, carrying out D. Personal protection and other particularly dangerous arrests or other security tasks special assignments associated with the PET is responsible for the protection of investigation and solving of serious crime. the Danish Royal Family, including guests For these tasks, PET has the Special of the Royal Family, members of the Intervention Unit. Similarly, PET has a Government and other leading public figures. Negotiation Group and a Witness Protection PET also carries out, as and when required, Unit, whose services may be made available personal protection to ambassadors and to the police districts. certain prominent foreign guests (VIPs) PET shall also provide, upon specific request, assistance to the police districts for agent

102 The danish security and intelligence service

operations and assistance in connection advice on personnel-related, physical and with special surveillance tasks as well as the procedural measures to public authorities. use of special technical, surveillance and PET shall also provide such assistance to interception equipment. private companies in situations where a public protection interest calls for this. In connection with the assistance described, This applies, for example, in relation to the excluding witness protection, the principal country’s critical infrastructure. responsibility for the performance of the task shall lie with the police district. PET shall also on an ongoing basis assess security regarding civil aviation and shipping F. Preventive security in Denmark. PET shall in this connection Prevention in relation to security-related co-operate with the civil aviation and threats requires a multi-faceted and maritime transport authorities as well as comprehensive effort, and PET shall ports and airports on the implementation independently and in co-operation with of security measures regarding aviation and relevant public authorities and private maritime transport. actors contribute to ensuring that society is optimally equipped to counter security- IV. Work methods related threats. When gathering and handling information, PET shall make use of all the means and In this connection, PET shall establish methods at its disposal. relevant dialogue and contact fora as well as develop specific projects that can contribute The means and methods that PET shall be to enhancing the preventive efforts. permitted to use within the operational and surveillance sphere include, for example, PET shall also, on an ongoing basis and invasion of the secrecy of communication, in accordance with the current threat observation, video and photo surveillance, picture, contribute to enabling both public searches, use of sources (informants authorities and private companies to and agents) as well as data processing implement their own preventive measures. and analysis. In addition, PET shall be permitted to use interviews, interrogations, As the national security authority, PET records checking, gathering and transfer is the central authority in relation to of (including electronic) information to the protection of classified information, and from authorities or other partners in including the personnel-related, physical Denmark or abroad as well as monitoring and procedural measures that are designed of open sources, such as newspapers, TV, to protect the information against electronic news media and the internet. unauthorised access and alteration, cf. the Circular of 7 December 2001 issued PET shall conduct its activities in by the Prime Minister’s Office regarding accordance with Danish law, including the the protection of information. PET shall rules laid down in the Danish Administration be required to provide relevant security

103 report 2008-2010

of Justice Act regarding the investigation of VI. partners criminal offences. The Police PET shall perform its tasks in close Especially in connection with the use of co-operation with other branches of the sources, in addition to covering expenses Danish police. or losses incurred, PET shall be permitted to remunerate sources, including for the PET shall draw up threat assessments for personal risk they expose themselves to in use by the police districts in connection with connection with their activities. specific events and threats and shall present, as and when necessary, recommendations If the operations of PET lead to a regarding which police-related measures the situation where a person is charged, police districts should instigate. the Commissioner of the relevant police district shall be informed of the charged PET shall also provide the police districts person’s identity, unless otherwise decided with operational assistance in a number by the Minister of Justice in exceptional of different areas, including in connection cases. The investigation shall subsequently with surveillance assignments, technical be conducted according to the specific assistance, etc., cf. section III, point E. above. directions of the Commissioner of the local police district, but in understanding and Other Danish authorities co-operation with PET. PET shall, where appropriate, co-operate with other Danish authorities in connection V. Registration of information and data with the preventive efforts as well as with PET shall gather and process information the actual gathering of intelligence and which is or could be of importance to the investigation. performance of the above-mentioned tasks. PET shall co-operate closely with the Registration of personal data shall be limited Danish Defence Intelligence Service (DDIS) to what is absolutely necessary. on all aspects that are of importance to the performance of the respective tasks Registration of Danish nationals and foreign of the two Services. Thus, in connection nationals residing in Denmark must not with operational activities that entail be made exclusively on the basis of lawful the gathering of intelligence information, political activity. All matters concerning new PET shall consider whether the special registration of Danish nationals and foreign capabilities of DDIS can be utilised. Any use nationals residing in Denmark shall be of such capabilities shall take place within presented before the Wamberg Committee. the regulatory framework governing the operations of PET, including the rules of the Administration of Justice Act regarding invasive measures. In this connection, PET shall be permitted, whenever it has general importance to the performance of the tasks

104 The danish security and intelligence service

of PET, to transfer information to DDIS, Pursuant to Act No. 378 of 6 July 1988, cf. section 116(1) of the Administration of the Parliamentary Committee responsible Justice Act. for overseeing the Danish Security and Intelligence Service (PET) and the Danish Private Defence Intelligence Service (DDIS) (The As part of the preventive efforts, PET shall, Oversight Committee) shall be notified of the partly through contact fora, co-operate with general guidelines and Statutory Provisions relevant private actors. governing the activities of PET and shall also be informed of significant circumstances of Foreign authorities a security-related nature or foreign policy PET shall also, in due account of the relevance that are of importance to the international and cross-border nature of activities of PET. the terror threat, co-operate with foreign intelligence, security and police services as Questions regarding the use of investigative well as other relevant foreign authorities. means shall be brought before the court as This co-operation shall take place in and when required by legislation. accordance with Danish and international law. Pursuant to the guidelines set up by the The co-operation shall comprise, among Ministry of Justice, the Wamberg Committee other things, joint operations and shall supervise the processing and handling information sharing concerning individuals of personal data of PET, including the and groups that are specifically deemed gathering of data of the Service pursuant to pose or potentially pose a threat to to section 116(2) of the Administration of Denmark or Danish interests abroad, to Justice Act. foreign interests in Denmark or to partners. In addition, information of a more general The supervisory control of the activities or strategic nature regarding matters and of PET regarding the most serious form of issues linked to the fields of responsibility organised crime, cf. section III, point C. above, of PET shall be shared. Similarly, information shall be subject to the same supervisory shall be shared concerning, for example, control mechanisms as the other activities investigative methods, focus areas, of PET, including the Wamberg Committee technology, training and operational capacity. and the Oversight Committee. In situations where an investigation proposal is forwarded VII. Oversight and supervision to a police district for investigation, cf. III. C, External oversight the case shall be processed in accordance The Ministry of Justice issues the Statutory with the general rules set out in the Provisions contained herein regarding the Administration of Justice Act, including with activities of PET and shall be kept informed respect to the supervisory control of the of general and specific aspects that are of relevant regional prosecutor. significant importance to the activities of PET, cf. section II for more detail.

105 report 2008-2010

Internal supervision sensitive personal data to foreign authorities Coercive investigative measures, including require the prior approval of the Director of invasion of the secrecy of communication, the Legal Department of PET or the acting shall in each single case be approved by the Director. Director General of PET or the Director of the Legal Department of PET. If the The Director General of PET shall be respon- investigative measure in question requires a sible for establishing internal procedures court order, this approval must be obtained designed to ensure that further investiga- before the matter is brought before the tive possibilities in relation to matters that court in accordance with the rules laid down fall within chapters 12 and 13 of the Danish in the Administration of Justice Act. Criminal Code are not used by the Service in the field of the most serious organised In particular with respect to telephone crime, unless it relates to organised crime interception or tele-data collection taking­ covered by these chapters. place on the basis of court orders that concern a named person instead of a par- VIII. Entry into force ticular telephone number, cf. section 783(2) These statutory provisions, which enter into of the Administration of Justice Act, prior force with immediate effect, replace the approval shall be obtained from the Director provisions issued by the Ministry of Justice General of PET or the Director of the Legal on 9 May 1996. Department of PET in each single case where coercive measures are instigated concerning new telephone numbers.

The Director General of PET shall lay down detailed internal guidelines governing when PET may gather information from admin- istrative authorities pursuant to section 116(2) of the Administration of Justice Act, including the extent to which the gathering of information requires the prior approval of management. Gathering of information­ regarding all persons who within a given space of time have contacted certain authorities shall in all cases require the prior approval of the Director General of PET or the Director of the Legal Department of PET.

Furthermore, the Director General of PET shall lay down detailed internal guidelines governing the passing on of information from PET to foreign authorities. Passing on

106 The danish security and intelligence service

D. Guidelines for the processing of PET as well as the Oversight Committee and handling of personal d ata, on the processing and handling of personal etc. by the Danish Securit y and data by the Danish Security and Intelligence Intelligence Service (PET) Service and the Danish Defence Intelligence Service (Wamberg Committee) in accordance Introduction with the provisions specified below. PET has the task of preventing, investigating and countering undertakings and acts In connection with its supervisory control, the which pose or potentially pose a threat Wamberg Committee shall have access to all to the preservation of Denmark as a free, personal data kept by PET, regardless of the democratic and safe society. format in which the information is stored.

Performing this task requires that PET The records of PET has effective means at its disposal for Section 1. PET shall keep electronic records processing and handling the information on individuals, organisations and companies that PET receives, collects and obtains by that with reasonable cause are suspected or other means. have been suspected of: 1.) violating or attempting to violate The regard for effectiveness in the provisions contained in chapters 12 or 13 processing and handling of obtained of the Danish Criminal Code, or information of PET must at the same time 2.) committing or attempting to commit be balanced against the interests of the a criminal offence that due to its individual concerned, in that any processing seriousness, its international connections and handling by PET of information does not or its objective threatens national comprise more than what is necessary to security or social order, or which enable PET to perform its tasks. obstructs or undermines the functions of democracy. PET may exclusively process information about persons insofar as this is necessary (2) The records may contain information to enable PET to perform its tasks. about the specified individuals, organisations and companies. Registration of Danish nationals and foreign nationals residing in Denmark may not (3) In connection with the information take place exclusively on the basis of legal specified in subsection (2), the records may political activity. contain information about other individuals, organisations or companies not listed in The following guidelines have been subsection (1), insofar as the information formulated on the basis of these general is of importance to the processing and considerations. handling of information specified in subsection (2). The ongoing compliance with the guidelines (4) When registering information about shall be supervised by the senior management a Danish national or a foreign national

107 report 2008-2010

residing in Denmark who has not previously Support databases been entered in the records of PET, the Section 3. PET shall keep electronic support registration shall be presented to the databases that, with a view to preventing, Wamberg Committee as quickly as possible, investigating and countering undertakings on the basis of which the Committee shall and acts that pose or potentially pose a make a decision regarding whether the danger to the preservation of Denmark as record may be retained. The same shall apply a free, democratic and safe country, may to the registration of organisations and contain information about target persons, companies domiciled in Denmark. In cases threats and incidents as well as other where the Committee is unable to approve information relevant to intelligence activities. the retention of the record, the record shall be immediately deleted, and any relating (2) The support databases may contain files destroyed and deleted, unless PET or information about other people than the a member of the Committee without undue target persons who are the subject of delay submits the matter of the record to investigation, insofar as it is of importance the Minister of Justice for a final decision. to the processing and handling of the information specified in subsection (1). Section 2 Should PET wish to retain the record kept on a Danish national, foreign (3) The creation of a support database national residing in Denmark or an organisa- as described in subsection (1) shall be tion or enterprise domiciled in Denmark for submitted to the Wamberg Committee for a period of time of more than 10 years after approval at the first Committee meeting the record was created, it shall require the held after the creation of the database. The approval of the Wamberg Committee. For submission shall, among other things, specify non-resident foreign nationals as well as for which information may be registered in the organisations and companies not ­registered database, and which deadline for deletion as being domiciled in Denmark, the dead- shall apply regarding information about line shall be 20 years from the date of the individuals who are not at the same time creation of the record. Until the record registered in accordance with section 1. The is deleted, the question of the record’s deletion deadline, which shall be calculated retention shall in all cases be subsequently from the date the information about the presented to the Wamberg Committee particular person was registered in the for approval every five years, unless the database, may be set for a period beyond ­Committee has set a shorter deadline. five years only in exceptional circumstances.

(2) The Wamberg Committee shall establish a (4) If the Wamberg Committee does not system of random inspection of records kept approve the creation of a support database, on non-resident foreign nationals; likewise, the database shall be deleted, unless PET or the compliance of PET of the deadlines speci- a member of the Committee without undue fied in subsection (1) and the deletion of data delay submits the matter of the database’s pursuant to section 1(4) shall also be subject creation to the Minister of Justice for a to random inspection. final decision.

108 The danish security and intelligence service

(5) Once a year, a comprehensive list of pursuant to subsections (1) and (2) by PET the support databases kept by PET shall be and of compliance with the deletion deadlines presented to the Wamberg Committee. specified pursuant to subsection (3).

(6) The Wamberg Committee shall establish (5) Should the Committee find that a a system of random inspection of the database on security clearances in conflict contents of the support databases and with subsections (1) and (2) contains of compliance with the deletion deadlines information that is not of importance to specified pursuant to subsection (3). the ability of PET to perform its tasks, the information shall be deleted immediately and (7) Should the Committee find that a any related files destroyed, unless PET or a database in conflict with subsections (1) member of the Committee without undue and (2) contains information that is not of delay presents the matter to the Minister importance to the ability of PET to perform of Justice for a final decision. its tasks, the information shall be deleted immediately and any related files destroyed, Section 5. In matters concerning security unless PET or a member of the Committee clearance and in other corresponding without undue delay presents the matter to matters, PET shall obtain the prior approval the Minister of Justice for a final decision. of the Wamberg Committee for any passing on of incriminating personal data from the Databases on security clearances records and support databases of PET to Section 4. PET shall keep electronic other authorities. databases containing relevant information about individuals who have been subjected (2) Subsection (1) shall not apply to the to a security vetting and who have or have passing on of information to the Ministry of been granted security clearance. Justice, the Prosecution Service and other branches of the police. (2) In relation to the information about individuals subjected to a security vetting or The filing system granted security clearance, the databases Section 6. PET shall keep an electronic filing may contain information about other system of cases relating to the activities of persons then the individual in question, PET. In the files, relevant personal data may provided the information is of importance be entered. to the processing and handling of the information specified in subsection (1). (2) A case file shall be deleted and any (3) The deletion deadlines that shall apply relating files destroyed if the information in to the databases shall be presented to the the case is no longer necessary to enable Wamberg Committee for approval. PET to perform its tasks, cf. however section 10. Should PET wish to retain a case file (4) The Wamberg Committee shall establish for more than 20 years after the case file a system of random inspection of the was created; it shall require the approval processing and handling of information of the Wamberg Committee. Until the case

109 report 2008-2010

file is deleted, the question of the case file’s Processing and handling of information retention shall subsequently be presented to outside the records, the support databases the Wamberg Committee for approval every and the filing system 10 years, unless the Committee has set a Section 8. Physical records relating to shorter deadline. information in the specified IT systems in sections 1-6 may be retained and handled on (3) The Wamberg Committee shall establish the same terms and conditions that apply to a system of random inspection of the electronic information. processing and handling of information of PET pursuant to subsections (1) and (2), Section 9. Information about individuals, including of compliance with the deadlines organisations or companies which shall in specified in subsection (2). general be processed and handled outside the IT systems described in sections 1-6, (4) Should the Committee find that a case shall, as a general rule, be destroyed or file in conflict with subsections (1) and transferred to the record archives, the (2) contains information that is not of databases or the filing system no later than importance to the ability of PET to perform three months after the information has its tasks, the information shall be deleted been obtained. Any failure to observe this immediately and any related files destroyed, time limit shall be reported by PET to the unless PET or a member of the Committee Wamberg Committee as soon as possible. without undue delay presents the matter The notification shall, as a minimum, contain to the Minister of Justice for a final decision. information about: 1. the reason(s) for exceeding the time limit, Search access 2. how much the time limit has been Section 7. Searches in the IT systems of exceeded by, and PET shall only be permitted if the search 3. when the information will be transferred is necessary to enable PET to perform to the record archives, the databases or its tasks. the filing system.

(2) PET shall keep a log record of all searches (2) The Wamberg Committee may require made in the records, the database on security that PET immediately or within a specified clearances and the filing system of PET. deadline destroys information specified in subsection (1). (3) The Wamberg Committee shall establish a system of random inspection of compliance Matters of particular historical interest with the provision contained in subsection (1). Section 10. Material which, pursuant to the provisions regarding storage and disposal issued by the Danish State Archives, shall be preserved for posterity must not be destroyed or deleted. Such material shall instead be transferred to the Danish State

110 The danish security and intelligence service

Archives no later than the deadlines which, Section 116(2) of the Danish Administration pursuant to these guidelines, apply to of Justice Act destruction and deletion. Section 12. PET may gather information from other administrative authorities insofar (2) If the material specified in subsection (1) as the information may be of importance cannot for practical or security reasons be to the ability of PET to perform its tasks transferred to the Danish State Archives, concerning the prevention and investigation the material shall be kept separate from of violations of chapters 12 and 13 of the the other case files of PET from the time Danish Criminal Code, cf. section 116(2) of the when, pursuant to these guidelines, it is to Danish Administration of Justice Act. have been destroyed or deleted. This is to ensure that only staff who have received (2) In cases where PET, pursuant to section special authorisation from the Director 116(2) of the Administration of Justice Act, General of PET have access to the case files gathers information about individuals who and to prevent the case files from being within a specific time frame have contacted the subject of searches or case processing a particular public authority, or other groups in connection with the operational or of persons who, similarly, have not been investigative assignments of PET. identified beforehand, PET shall, as quickly as circumstances allow, conduct an assessment (3) On a quarterly basis, PET shall brief the of whether the individuals to whom the Wamberg Committee on the cases that information relates are of relevance to the in relation to the abovementioned rules ability of PET to perform its tasks. Insofar have been transferred to the Danish State as this is not deemed to be the case, the Archives or which, pursuant to subsection information which is not relevant shall be (2), shall be kept separate from the other deleted immediately. case files of PET. (3) The gathering of information of the The internal supervision of PET regarding type described in subsection (2) shall only the compliance with the guidelines be permitted with the prior approval of the Section 11. PET shall conduct regular Director General of PET or the Director internal inspection of compliance with the of the Legal Department of PET. The same guidelines. shall apply to the gathering of information on psychiatric diagnoses or corresponding (2) PET shall regularly brief the Wamberg highly sensitive health-related information. Committee on the scope, character and result of the internal supervisory control. In (4) PET shall, as and when necessary, but at this connection, the Wamberg Committee least on a quarterly basis, brief the Wamberg shall be able to require that PET alters Committee on the use of the provision, so its supervision procedures, including as to enable the Committee to monitor that implementing new control measures. the gathering of information falls within the parameters laid down in section 116(2) of the Administration of Justice Act.

111 report 2008-2010

(5) Prior to the verbal briefing of the E. The Wamberg Committee’s Mandate Wamberg Committee, PET shall draft a of 7 December 2009 written report containing, among other things, information on the extent of the Section 1. The Committee, which was set use of section 116(2) of the Administration up by the Government, shall comprise a of Justice Act, as well as particular lessons chairman and three other members, all of learnt or best practices that PET may have whom are to be jointly appointed by the identified, in connection with applying the Minister of Justice and the Minister of provision. In this connection, the Wamberg Defence. Committee shall be afforded the opportunity to ask detailed questions on the use of (2). In the event of a parity of votes in the section 116(2) and demand insight into cases that the Committee considers, the the information that PET has gathered Chairman’s vote shall be decisive. pursuant to the provision. Section 2. The task of the Committee shall (6) The Wamberg Committee shall also be to ensure that the Danish Security and establish a system of random inspection Intelligence Service (PET) and the Danish of the application of the provision of PET. Defence Intelligence Service (DDIS):

(7) In connection with the random inspection 1) exclusively process information about pursuant to subsection (6), the Wamberg individuals, organisations and companies Committee shall ensure that compliance insofar as this is necessary out of regard with subsections (1), (2) and (3), including the for enabling both intelligence services to gathering of information pursuant to section perform their tasks, 116(2) of the Administration of Justice 2) process information about individuals Act, takes place on the basis of an actual in accordance with the guidelines that supposition that the information will be of apply to the activities of both intelligence importance to the ability of PET to perform services, cf. section 3, and its tasks pursuant to Chapters 12 and 13 of 3) organise and conduct internal supervisory the Danish Criminal Code. control of compliance with the given guidelines in a way that ensures effective The administrative cases of PET supervision. Section 13. The administrative IT systems and cases of PET shall not be subject to the (2). The Committee may request that above guidelines. representatives of PET and DDIS are present during the Committee’s negotiations with a view to explaining the cases presented.

Section 3. After discussion with the Committee, the Minister of Justice and the Minister of Defence shall lay down specific

112 The danish security and intelligence service

guidelines for the processing and handling responsible for overseeing the registration of personal data by PET and DDIS, respectively, and transfer of information of PET are and for the Committee’s oversight of abolished. compliance with these guidelines, including which parts are to be subject to full oversight (2). The mandate issued by the Ministry and which parts are to be subject to random of Defence on 23 August 1978 for the inspections. Committee responsible for overseeing the security-related registration of individuals Section 4. The Committee may avail itself by DDIS is abolished. of expert assistance, including secretarial assistance. (3). Personnel appointments prior to 7 December 2009 which were made by the Section 5. The Minister of Justice and Minister of Justice pursuant to the rules the Minister of Defence shall notify the specified in subsection (1) remain valid. Committee about any changes in the rules or practice related to the processing and handling of personal data by PET and DDIS, MINISTRY OF DEFENCE including significant changes in the use of IT. MINISTRY OF JUSTICE

Section 6. The Committee shall submit an 7. december 2009 annual report to the Minister of Justice and the Minister of Defence on its activities. The reports shall be presented by the Minister of Justice and the Minister of Defence to the Folketing (Danish Parliament) Committee regarding the Danish Defence Intelligence Service (DDIS) and the Danish Security and Intelligence Service (PET).

Section 7. Any question concerning the implementation or outcome of the Commit- tee’s supervisory control may be presented to the Minister of Justice or the Minister of Defence by PET and DDIS as well as the Committee or a member of the Committee.

(2). The Minister of Justice and the Minister of Defence shall make a final decision on any question presented pursuant to subsection (1).

Section 8. The rules of 8 June 1964 issued by the Ministry of Justice for the Committee

113 report 2008-2010

F. The Danish Government’s Declaration of 30 September 1968

Quote: “The Government has today decided that ­­ re­­g­i­stration of Danish nationals can no longer be made solely on grounds of legal political activity.

The fact that such registrations previously­ were made often gave rise to discussions­ under the present as well as the former Government. Naturally, it is a matter of opinion whether such registrations are necessary. In this respect, the security considerations must be balanced against the individual citizen being able to express himself freely.

In principle, it must be recognised that an enterprise which keeps within the limits as laid down by the legislation, should not give rise to registration with the police. Having balanced these opposite considerations, the Government has found it justifiable to abandon registration solely on the basis of legal political activity.

Where previously made registered information of this type still remain, any such information will be destroyed”. Unquote

114 The danish security and intelligence service

115 The Danish Security and ­Intelligence Service Report 2008-2010

Design: Kontrapunkt A/S Layout: KP2 as Copies: 500 Print: Scanprint A/S

The Danish Security and ­Intelligence Service Klausdalsbrovej 1 DK-2860 Søborg Tel +45 33 14 88 88 www.pet.dk

“All rights reserved. Reproduction in whole or in part is allowed when stating the source. Reproduction of illustrations only with permission.” Politiets Efterretningstjeneste Danish Security and Intelligence Service www.pet.dk