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DENMARK Public access to CIA case must be evaluated again



 

BRUSSELS – 29 / 3 / 2010 - Internal working documents are exempted from public access in Denmark as in many other countries. However  the so-called CIA working group, which investigated the alleged CIA flights in Danish airspace, can not be regarded as an independent authority, the danish Ombudsman states in a recent decision. The Ombudsmand therefore calls on the Foreign Ministry to look at three journalists' requests for access again. The decision is interesting, not least seen in the light of the international aspects of the case.

On 30 January 2008 the Danish Broadcast Corporation brought a documentary entitled "The CIA's Danish connection". The program sought to demonstrate that U.S. intelligence had used Danish airspace for secret prisoner transports.

Immediately after the documentary had been broadcast the Danish government set up a working group - the so-called CIA working group - who would review information about the alleged CIA flights in Danish airspace.

The CIA Working Group consisted of representatives from various Danish authorities, including Greenland and the Faroe Islands. The workinggroups conclusions were drawn up in a statement that was published on 23th of October 2008. Following the publishing of the statement, three journalists asked the Foreign Ministry for access to any documents that had been exchanged between the members of the working group. This is possible due to the Danish access legislation, that principally allows access to documents exchanged between different authorities. The journalists were refused on the grounds that the working group was an independent authority, and that the working groups’ correspondence therefore was internal.
 
The three journalists complained to the Ombudsman who has investigated the three complaints together in relation to the question of whether the CIA working group can be considered an independent authority.
 

"I do not think that the CIA working group can be considered an independent authority," says Ombudsman Hans Gammeltoft-Hansen.

The Ombudsman particular emphasis that the working group did not had sufficiently independent and autonomous management.

"I have not ruled on whether reporters should have access to the documents, only that the refusal could not be communicated with the argument that they are internal working documents," adds Hans Gammeltoft-Hansen.

The decision comes at a time, when new Danish access legislation is being prepared. The heavily criticised draft includes a provision, that in the future would allow working groups as the on the CIA flights to keep their correspondence secret.

 

29-03-2010, Denmark


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