The Ombudsman to recommend free legal aid in case on access to indictments against former FE head and former Minister for Defence

Publiceret 21-08-2025

The Ombudsman is prepared to recommend free legal aid to have the courts review whether a journalist can get full access to the indictments against a former head of the Defence Intelligence Service and a former Minister for Defence.

The journalist requested access to the indictments from the State Prosecutor of Viborg. The journalist referred to the Supreme Court having stated in two decisions of 27 October 2023 that the indictments against the defendants (without appendices) could be read out in open court during the main proceedings of the criminal cases.

The State Prosecutor and the Director of Public Prosecutions rejected full access to the indictments. The authorities found partly that Section 41 f(2) of the Administration of Justice Act about disclosure of indictments for editorial purposes did not apply because the indictments were revoked and prosecution abandoned, and partly that the Supreme Court’s decisions did not entail that extended openness pursuant to Section 41 h of the Administration of Justice Act should be granted.

Should be resolved in court

The Ombudsman assesses that the case should find its final resolution in court if the journalist so wishes. In this connection, the Ombudsman refers to, among other things, the courts having previously processed several cases about access to documents in the set of related cases and the Appeals Permission Board having granted permission for the Supreme Court to consider such a case at this time.

‘The courts have already dealt with many aspects of this case – and has, among other things, assessed the question of maintaining considerations of confidentiality in the case. Furthermore, a question of access to some of the case’s court records is pending at the courts at the moment. Therefore, I find it appropriate that also the question of access to the indictments gets to be decided in court’, says Parliamentary Ombudsman Christian Britten Lundblad.

On that background, the Ombudsman asks the journalist to inform him no later than 15 September 2025 of whether he wants to bring the rejection of the request for access before the courts.

Read the Ombudsman's statement (in Danish only).

 

Further details:

Director of International Relations Klavs Kinnerup Hede, kkh@ombudsmanden.dk

 

Facts

According to Section 41 f(2) of the Administration of Justice Act, the prosecution shall upon request provide copies of the indictment or request for a court hearing to, among others, editorial staff and editors of mass media. However, the right of access may be restricted, among other things, if this is of substantial importance to state security or necessary for the protection of significant interests relating to relations with foreign powers or international institutions. Before copying, the document must be made anonymous so that the identity of injured parties or witnesses is not disclosed.

According to Section 41 h of the Administration of Justice Act, when processing a request for access, it must be considered whether access may be granted to a broader extent than provided for, among others, in Section 41 f(2). Access may be granted to a broader extent unless this would be contrary to other legislation, including rules on confidentiality.