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Kerstin Bree Carlson, Associate Professor International Law, Roskilde University

Denmark's biggest spy scandal raises questions on how to try intelligence officials

The biggest spy scandal in Denmark’s history closed not with a bang, but with a whimper. On November 1 the Danish Supreme Court ruled that a case involving leaked state secrets could go not go ahead in secret. In response, the state prosecutor dropped the case. Thus ended a three-year attempt to prosecute Denmark’s highest ranking spy chief and a veteran defence minister. But many questions remain unanswered. Among them: how can openness be ensured in a democratic society?

In August 2020, Lars Findsen, head of the Danish foreign intelligence service, was suspended. A three-judge commission found him blameless, but he was indicted and arrested in December 2021 and jailed until February 2022, charged with leaking top-secret information. In December 2021, former Danish Defence Minister Claus Hjort Frederiksen was also charged with leaking state secrets. An unnamed third intelligence agency worker also faced charges. All charges have now been dropped.

What exactly Findsen and Hjort were accused of leaking was classified. However, there was significant press speculation, including claims that the spy chief and former minister disclosed information relating to a classified arrangement involving Danish security services and the US National Security Agency.

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