13) DANISH COURT RULES IN "TERRORISM" CASE
(The following
article is from the April 1-15, 2010 issue of People's Voice,
Canada's
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The global imperialist campaign to
smear liberation movements with the "terrorist" label has taken another
twist in the case of charges against Patrick Mac Manus, an Irish-born
member of Denmark's "Rebellion" group. In Copenhagen City Court on
March 15, Mac Manus was found guilty of "attempting to collect funds"
for two so-called "terrorist organizations" - the Revolutionary Armed
Forces of Colombia (FARC) and Popular Front for the Liberation of
Palestine (PFLP) - and for "encouraging" others to do the same.
Judge Helle
Hastrup, however,
rendered a mild sentence of six months probation as opposed to 18
months imprisonment asked for by the prosecutor. Court costs of 110,000
Danish kroner (about $20,000) plus 25% tax are to be shared by the
defendant and the state. Hastrup could have demanded that all court
costs be paid by the defendant.
The ruling
that FARC and PFLP
are terrorist organizations was based exclusively on a previous
decision by Denmark's Supreme Court. In a similar case, seven members
of a group called Fighters & Lovers had sold t-shirts with FARC and
PFLP logos, with the objective of sending part of the proceeds to media
projects on their behalf. The Danish political police confiscated the
funds and arrested the activists for "supporting terrorism."
In 2007,
Copenhagen City Court
found them innocent because it determined that the liberation fighters
in Colombia and Palestine were not terrorists. But in 2008, a higher
court reversed this decision, and sentenced the activists to jail terms
of two to six months. On March 25, 2009, the Supreme Court confirmed
the judgment but found Denmark's terrorist law 114 to be "unclear" and
reduced the sentence to probation.
Although
Rebellion has several
spokespersons, the police only charged 65-year-old Mac Manus. The City
Court found him to be the key person, although it admitted that the
prosecution had not proven that any funds were actually transferred to
"terrorist organizations". The judgment was based on a claim on
Rebellion's website that it had collected and sent funds, and on emails
on Mac Manus' computer confiscated by the police. Prosecutor Jakob
Buch-Jepsen rested his case on Mac Manus' admission that he had donated
$4 (20 kroner) at a Rebellion party in August 2004. The prosecutor also
read excerpts from wiretapped phone conversations and from the
confiscated emails, indicating that Mac Manus was a spokesperson and
that he wrote press releases and articles favouring struggles for
liberation in Israel and Colombia.
Defense
attorney Thorkild Hoeyer
argued that the state had no hard evidence of crimes committed by Mac
Manus; that the state had no evidence that FARC and PFLP are "terrorist
organizations" as defined by international law; that any appeals to
collect funds for said organizations were directed in favour of
liberation from terror; and that the defendant acted and spoke in
satire, challenging the anti-terror law to a public debate, a la
Jonathan Swift.
Judge
Hastrup disregarded the
argument of satire and held with the Supreme Court's 2009 ruling,
regardless of terrorism or other international crimes Israeli and
Colombia governments might commit, this is irrelevant to Danish
anti-terror laws. If non-government liberation organizations commit
acts which result in the death of civilians, then the groups are
terrorists by definition of Danish laws from 2002. This places Denmark
above United Nations conventions, which judge armed struggles in the
context of actual conditions.
Amidst a
flurry of flapping
union and WW2 resistance fighters' banners, and shouts from scores of
supporters outside the court, Mac Manus responded to the court decision.
"This won't
stop me or us. We
will continue to seek an end to these terror laws, to their terror
wars. Our struggle is worth it regardless of court judgments. We act in
the long history of solidarity, supporting those who fight for
liberation and self-determination."
(With files from Ron Ridenour, "Dissident
Voice")