I made all the initial application to the European Commission of Human Rights, without any lawyer’s help. The Commission found enough in my application to proceed with my case to the Court. At that stage in engaged the British barrister Geoffrey Robertson QC, who represented me together with his assistant Kier Starmer QC, (later Director for Public Prosecution in the United Kingdom and now the leader of Labour).
Geoffrey Robertson QC has written many books and in his book Crimes Against Humanity write about fundamental criminal justice
“First and foremost is the presumption of innocence, described as the “golden thread” of the common law. It appears in every human rights treaty and in Rule 21 of the Hague Tribunal and as Article 66 of the Rome Statute of International Criminal Court. This presumption has two effects: the prosecution must always bear the burden of proof and must shoulder this responsibility in criminal cases to a high standard, proving the case beyond a reasonable doubt. Although some latitude is allowed in requiring defendants to prove matters of which they should have special knowledge. The general burden at the end of the day must fall on the prosecution. International case laws remarkably unanimous on this point.
Secondly, serious criminal trials must be open to the public. Publicity is the very soul of justice. It keeps the judge while trying, under trial. The “secret court” is a kangaroo or Kafka-esque court, associated over many centuries with gross abuse of power. The public nature of the trial remains the greatest safeguard against the unfair use of criminal proceedings.
The third great safeguard is the independence and impartiality´ of the judges, as individuals with sufficient confidence and backbone to stand up to governments and other power-wielders in the society (not excluding the power of terror and intimidation wielded by criminal gangs).
Impartiality is provided for by a rule disqualifying judges for bias, on the principle that `justice must be seen to be done´. It has been rigidly applied by the European Court, ordering the disqualification of judges if they have come from offices connected with the prosecution or, in Hauschildt v. Denmark, have made any prior decision in the case from which bias as to its outcome might reasonably be apprehended. The rule was most notably applied by the House of Lords in 1998 when it bent over backwards to do justice to General Pinochet by annulling its initial 3-2 decision against him.
More than 40% of all high court judges were involved with my case at Eastern High Court (Østre Landsret) See: List of High Court Judges involved in my case The judges in the Danish Supreme Court who dealt with the case. See List of Supreme Court Judges
After my judgement against Denmark in 1989, Denmark incorporated the European Convention of Human Right into the Danish Law. It took nearly another 3 years until 24 April 1992 to do this.
I recently read apart from the legal proposal of incorporating the ECHR law from the special Commission established interestingly only 5 days before the Judgement against Denmark by FREDERIK WAAGE.
A chapter from this Report states (in Danish): “Ganske få dage efter nedsættelsen af EMRK-udvalget, ved folketingsbeslutning af 19. maj 1989, skete der imidlertid noget andet, som man også kan forestille sig har haft en væsentlig indflydelse på Højesterets ændrede praksis vedrørende konventionen. Den 24. maj 1989 blev Danmark for første gang nogensinde dømt for krænkelse af EMRK, i Hauschildt-sagen.
Afgørelsen må have ramt Højesteret hårdt, ikke mindst fordi den netop vedrørte et forhold ved domstolene – retfærdig rettergang – og således i forstærket grad faldt tilbage på højesteretsdommerne selv. Man kan muligvis argumentere for, at ændringerne i Højesterets begrundelser var et led i en slags selvransagelse ovenpå Hauschildtafgørelsen.
Part of this conclusion:” Højesteret ændrede praksis i 1989. Om det skete for at foregribe et senere lovgivningsinitiativ, som en reaktion på afgørelsen i Hauschildtsagen, eller fordi Højesteret havde ladet sig påvirke af den retspolitiske debat om menneskerettigheder, ved vi ikke. Men det er tankevækkende, at Højesteret først på et tidspunkt, hvor man var blevet underkendt i Strasbourg, og et lovforberedende arbejde på menneskeretsområdet var i gang, begyndte at fremkomme med de præjudikater, der styrkede konventionens retskildemæssige værdi og dermed placerede EMRK i den fremtrædende position, den har i dag. Man kan undre sig over, hvilken interesse Højesteret kunne havde i, at menneskerettighederne forblev en usikker retskilde, og spørge, om Hans Gammeltoft-Hansen havde ret i den hypotese, han fremlagde i 1976 om den positivistiske traditions generelle tilbageholdenhed med at tillægge menneskerettigheder større retskildeværdi.”
The special commission in Denmark on the 19th May 1989, stated that my judgement against Denmark hid the Danish Supreme Court very hard. The Supreme Court Judges had to truly to look at themselves and they’re previous so-called “high stand” as to Danish justice. See the document in Danish.
Over the years the decisions by Judge Claus Larsen in the lower court and the juridical judges in the High Court/Court of Appeal greatly influenced their later decisions, they had already committed themselves.
Furthermore, the same judges had to consider their own previous decisions as well as the justification of these decisions years afterwards. For example, the presiding judge in the High Court/Appeal Court, Judge H. H. Brydensholt, who pronounced the final judgment in March 1984, had already (nearly three years before in July 1981) confirmed that I should remain in solitary confinement, a pre-trial punishment and that the Special Prosecution had a strong case against me.
Judge Brydensholt was taking part in the defence appeal decision from the lower court. Because he also had been the head of the prison service, he knew what solitary confinement did to people, moreover that any pre-trial detention always had to be justified to the Ministry when sentencing. Judge Brydensholt was always serving his masters – the Ministry of Justice.
The juridical judges taking part in the High Court/Court of Appeal proceedings made ten decisions on keeping me incarcerated prior to the trial during 1981 and 1983. After the commencement of the trial in the High Court, these judges made eight decisions along with the three lay judges on keeping me locked-up together. These decisions did indicate prejudice which was very clear to the Danish media. By incarcerating me and since I had already served a sentence longer than the judgments from the lower court (see newspaper article), the judges clearly showed that the High Court/ Court of Appeal found me guilty at the time.
In 2004 advocate Niels Forsby, who was the chairman of the Association of Danish Defence Lawyers, stated:
“That the long pre-trial incarceration of prisoners in Denmark always seemed to be justified by the courts in their final Judgement, in order to save the state from paying any compensation”.
This was 24 years after my terrible long solitary confinement in 1980
All of my defence attorneys and I knew this back in 1980 (twenty-four years earlier) because that is the true reality as to how the courts and judges acted. In fact, advocate Jørgen Jacobsen pointed this out to the lower court (Judge Claus Larsen) back in December 1980 when he tried to free me on bail after eleven months of pre-trial solitary confinement and punishment.
This at a time that I had not even been charged, but Jørgen Jacobsen knew well that Bagmandspolitiet and the courts would justify anything they did to me, never mind if I had committed any offences. Everything would be justified as he already told me after six months in solitary confinement.
Appeals to the Supreme Court – What Appeals?
On several occasions, including on the 15th August 1983, Judge Brink told the court, the defence and the accused that the permission of the Ministry of Justice was not required in order to appeal decisions by the court to the Supreme Court.
Judge Brink was very clear about this and it was also totally clear to the defence and me that such application to the Ministry was not required; otherwise, judge Brink would not state this in the court. Therefore, neither the defence nor I made such application to the Ministry of Justice with regards to the decisions made by the High Court on the 15th August and to Judge Brink’s pre-judicial behaviour and biased actions.
Judge Brink lied and this lie, in effect, resulted in that the Supreme Court simply later dismissed the appeals on the grounds that the Ministry of Justice had not granted permission for such appeals.
In other words, due to judge Brink as the head of the High Court trial and his statement to the defence and the accused (that no permission for appeal was required from the Ministry of Justice), the appeals were ignored by the Supreme Court and never heard.
The Ministry of Justice – The Same Body with Many Arms and Hands – like a large octopus with 8 arms.
Advocate Ernest Hartwig wrote in 1978 in the Danish Weekly Transcript of Law, that the Ministry of Justice was totally and exclusively in control of all decisions of appeals to the supreme court. He provided some facts to show this over a 3-year period, the prosecution had applied 90 times and granted 89 appeals, where the defence had appealed 357 times and granted only 52 times (or 14%).
So interestingly, at the time there was less than a 15% chance that you would be granted an appeal to the Supreme Court, if the application came from the defence, whereas a near 100% chance if it came from the prosecution. The most ridiculous state of affairs, that the prosecution (the Ministry of Justice” had to ask the Ministry of Justice to grant them permission to appeal a case to the Supreme Court. One hand had to ask the other hand of the same body?
My Continued Pre-Trial Incarceration Effectively Used as Blackmail Keeping me Hostage to Injustice
Until late 1983, neither the Special Prosecution nor the High Court specified the grounds as to keeping me incarcerated in pre-trial detention month after month.
These offers put forward in the spring of 1983 with regards to me being released if I withdrew the appeal to the High Court. That such offers were made can be confirmed from the letter to the Ministry of Justice from advocate Folmer Reindel, dated 26th October 1983.
All of the judiciary judges at least knew that such an offer had been made to my defence (more than six months earlier) if I would refrain from appealing the Lower Court’s judgment. Moreover, I had shortly, prior to the High Court trial, served a sentence of more than seven years. Therefore keeping me in restrictive pre-trial incarceration during the High Court trial must be considered blackmail and indeed it impeded my ability and rights to defend myself.
As I wrote in my Comment to the European Commission of Human Rights in 1986.
“One of the most serious complaints by the applicant as to the impartiality of the court during the trial in the City Court must be the question of the judges fraternizing with the prosecutor. As can be seen from the applicant’s letter to the City Court on 1 June 1982, the lay judges together with the presiding judge often fraternized with the prosecutor and his assistant. The judges and the prosecutor frequently had coffee together during the 100 days of proceedings (over 18 months) without once being joined by the counsel for the defence.
In most civilized countries, jury and lay judges are not allowed to come into contact outside the courtroom with any of the parties in a case. It is not difficult to understand what happens when people work together month after month as the judges did with the same prosecutor.
In addition to these regular coffee meetings, it is known to the applicant and his counsel that on one occasion (6 April 1982) during a visit to the Danish National Television head office by the court the judges had lunch with the prosecutor and his assistant.
Even worse, the Chief Public Prosecutor Finn Meilby who initially started the case was at this lunch with the two lay judges, the presiding judge and a lay judge substitute. This lunch was also not attended by the counsel for the defence.
Impartiality must be questioned when it was clear to the applicant and others present in the courtroom that the judges and the court secretary frequently and openly during intermissions went into a room together with the prosecutor to drink coffee. Impartiality did not appear to be evident since the counsel for the defence was never invited to join them.”
We know today how Stasi worked in DDR, just spying on ordinary citizens' movements, making files on everyone and everything.
Bagmandspolitiet had in my case more than five years, during which they could act as an agent provocateur, intercept telephone calls, communication and spy on me, our staff and the companies; “leak” disinformation, lies and rumours.
Criminal Commissioner Mogens Kanding from Bagmandspolitiet (Special Prosecution) told Jyllands-Posten, Friday the 1st February 1980 :
“We have been investigating the company since it started (1974) just to see what is happening. Approximately three weeks ago our investigation became more intensive on our own initiative. We have not received any complaints“.
Mogens Kanding, criminal commissioner from Bagmandspolitiet tells Børsen (the main financial newspaper) on the day after my arrest:
“Through channels which we control we have found out that possible serious tax evasion has taken place, according to the criminal code paragraph 289 tells Mogens Kanding Børsen”.
“We will go through all the material and especially concentrate on the companies order confirmations and dealings with its clients since we wish to double control on these client’s tax returns. At the same time we want to concentrate to see if there has been any wrongdoing by the company, as an example if we suspect any fraud against the clients, we will contact these clients and ask for their version.”
Bagmandspolitiet has been investigating the company for more than five years just to see what? Just like Stasi or KGB. As Stalin said, “Show me a person and I will always find a reason against him” (to kill him or send him to the Gulag).
No complaint had been made to the police and the Special Prosecution (Bagmandspolitiet). The Special Prosecution decided themselves to take the action.
Further, that black money was invested in precious metals and the profits were tax free outside the reach of the fiscal authorities. This could NOT BE TOLERATED, despite that the current law allowed this at the time.
My British barristers Geoffrey Robertson QC and Kier Starmer were shocked to find out the powers of the Special Prosecution (Bagmandspolitiet) and that they themselves could select their target, act as agent provocateurs, intercept communication and create disinformation and lies. They compared rightly Bagmandspolitiet, in the European Court of Human Rights, to Stasi and KGB.
I was a victim of the Danish state: it was the state that took me hostage, traumatised me; and despite the judgment from the European Court of Human Rights, Denmark never recognised that in any shape or form.
At the outset of the trial in the lower court (Copenhagen City Court) my defence attorney Folmer Reindel said to a leading newspaper, Berlingske Tidende:
"With the collaboration between the judge (Claus Larsen), the prosecution and the prison service, which consequence seriously affects and prevent the defence - I fear a miscarriage of justice"
It was obvious to everyone except the tabloid media.
"Med det samarbejde, der I sagen foregår mellem dommeren, fængselsvæsenet og anklagemyndigheden, og hvis konsekvens er en væsentlig hindring af forsvarets mulighed, frygter jeg et justitsmord"
I was a victim of the Danish State; it was the state that took me, hostage, in pre-trial detention for more than 4 years. Kept me for more than 300 days in solitary confinement and traumatised me for life.
Denmark has never recognised that in any shape or form.
Police Commissioner Mogens Kanding (from Bagmandspolitiet) told the main newspaper Politiken, on the day of my arrest for alleged tax evasion. (31st January 1980) – ALL LIES
"A major part of the profit from the Danish company, which had a turnover of half a billion Kroner, apparently has been transferred to post-box companies in Switzerland"
Next day Police Commissioner Mogens Kanding (from Bagmandspolitiet) told the newspaper Politiken:
“That a major part of the profit from the Danish company, which had a turnover of half a billion Kroner (500 million) apparently has been transferred to post-box companies in Switzerland. After the carrying out of the search, we have been able to confirm that large amounts have been sent to companies in Switzerland and there is often only a lawyer’s office there where the money is then hidden from the police”
After the police, tax authorities and the customs and excise office’s investigation, it does look like the company in Denmark have earned large amounts on the Swiss addresses.
Special Prosecutor Finn Meilby, the Chief of Bagmandspolitiet (Special Prosecution) told the largest tabloid newspaper BT on the 31st January 1980:
"It is our impression that the money has been taken out of the country"
"That the arrest of Mogens Hauschildt only concerns the alleged tax evasions"
I was never charged with tax evasion since this was a trumped-up charge - there truly was no tax evasion by me or the companies.
“Hauschildt you have been selected – and judged. You were selected because you are a “foreign Dane” with no political affiliation or power, you work in a business which daily deals with Swiss banks, New York and London – movement of money and in a financial market most people in Denmark do not know and can’t participate in, you controlled your business and do not employ many people, not like a factory owner.”-
Advocate Jørgen Jacobsen (1980)
No one has been held accountable for the injustices in my case, my treatment, the solitary confinement, the unjust treatment of my family, the staff and many of Scandinavian Capital Exchange’s clients.
My customers' faith was sealed when at a cabinet meeting in the late autumn of 1979 at Christiansborg; Prime Minister Anker Jørgensen was confronted with a report showing all the failures of the Special Prosecution for Economic Crimes (Bagmandspolitiet), a creation by the Socialist.
The Danish High Court Judge Holger Kallehague said to Politiken newspaper (12th September 1982) that:
Hauschildt was subjected to the same treatment and "justice" as the suspected and alleged witches five hundred years earlier. They would bind the poor woman, put her into a sack and fill the sack with stones after which they throw her into the water.
If she drowned, she could not have been a witch; and was innocent, however, if she got free and came to the surface, she must have been a witch and therefore, was burned alive on the fire.
I told the courts many times that I was both physically and mentally ill and wanted to consult a psychiatrist and get outside medical attention. - I was refused this during the four years of pre-trial detention - therefore I was never treated for all my illnesses caused by the more than four years of pre-trial detention with the long total solitary confinement!
Bagmandspolitiet directly prevented me from having my complaint about my long solitary confinement and atrocious treatment dealt with by the European Commission of Human Rights. Bagmandspolitiet held back all correspondence with the Commission for more than 24 months. A serious breach of the Convention.
In pre-trial solitary confinement, I remained vulnerable against the unjustifiable parasitic strains of the Danish tabloid press.
”I feel that I have been reduced to a defence counsel in a Russian Military Court.”
Advocate Folmer Reindel told the Copenhagen City Court
Professor of Law, Ole Krarup, said that:
“I played chess blindfolded“
I did indeed - and there was nothing neither I nor my defence lawyers could do about this injustice.
My first defence attorney advocate Jørgen Jacobsen’s statement to the Court:
“The prosecution could as well hold their “court hearings” at their own offices without the judges, the defence and the accused – the result would be the same.”
Advocate Folmer Reindel told the European Court of Human Rights in Strasbourg – 26th September 1988:
“It is clear that the Danish authorities had, for a long time, the objective to close down Hauschildt’s successful and profitable business, irrespective, that the companies acted correctly and within the Danish law.
From the first day of the action against Hauschildt and his companies, it has been the objective of the Danish authorities to justify their illegal acts at any cost, including keeping Hauschildt in solitary confinement and pre-trial detention for more than four years as a hostage to justice. The Danish authorities acted with total contempt for the Danish law, justice and the European Human Rights Convention.
Hauschildt and his companies became a victim of the Danish State”
The European Court of Human Rights held an open court hearing on the 26th September 1988, in front of the full court of 17 judges from all the 17 member countries.
The German, French, Belgian and Dutch television were there, but not the Danish State Television which for years had been used by the Danish authorities to create a trial by the media.
The Danish public and many clients of Scandinavian Capital Exchange was fooled and lied to by Bagmandspolitiet and the Danish media. Fooled by the misinformation, malicious lies and innuendoes put out by the prosecution in the press.
I always considered myself as a "Systemfange", a prisoner of conscience; the case against me and my companies was entirely political.
- Mogens Hauschildt
The famous Danish TV host, author and priest Jørgen Thorgaard wrote in the tabloid BT referring to my case, which was finished at the time:
“It is my impression that the police, the courts and the prosecution in the best scenario have been acting very incompetently and in the worst scenario, created a miscarriage of justice”.
In an interview with Berlingske Tidende in 1981, Finn Meilby, the chief of Bagmandspolitiet said that some “observations” can go on for years, others go fast.
“In the current case of the gold and silver speculations, Bagmandspolitiet worked hectically for thirty days. The market was so overheated that they got our interest and quickly received information confirming our suspicion of lawbreaking activities. We foresaw that large and small savers were running a risk – and hit”
They raided the companies for “open television” without any complaint – only a trump-up charge of alleged tax evasion.
Jeg søger personer som kan bidrage med oplysninger, fakta og dokumentation omkring min sag og selskaberne i årene 1974-1984.
Jeg leder efter:
Nye faktuelle Oplysninger om sagen
SCE standard Forretningsbetingelser, SCE brugte flere forskellige udgaver
Læg-dommeren i Byretten der trak sig tilbage som dommer og rejste til Frankrig
Læg-dommeren i Landsretten, der kom op til min forsvarer og mig i retten og udtrykte sin protest overfor min behandling og som ville kontakte sin folketingsmedlem og klage
Den person jeg så i Heathrow lufthavn i 2006
Andre der føler de kan bidrage til sandheden eller som kan bekræfte fakta.
Ligeledes, andre der har været udsat og gennemgået Isolations Tortur i Varetægtsfængsling.
HAUSCHILDT v. DENMARK
The European Commission and the Court of Human Rights Judgement, Comments and Reports 1982-89