The Danish Security and Intelligence Service (PET) may be prevented from supplying information about an alleged terrorist plot against the Danish Jyllands-Posten newspaper to American prosecutors in an ongoing U.S. case.

“We naturally cannot supply legal help with a view to effectuating a death sentence,” the Danish Justice Ministry writes in an email to Politiken.

Denmark, which does not have capital punishment, may not extradite people to countries where they risk a death sentence, nor may it provide evidence to foreign authorities if this could lead to their execution.

The Danish Justice Ministry statement comes in connection with the court case against U.S. citizen David Headley who risks the death penalty for his alleged part in some of the dramatic terrorist plans and actions of recent years.

Headley risks a death sentence
Apart from the planned attack on Jyllands-Posten, the complex case against Headley also includes charges that he had a major role in planning the terrorist attack in Mumbai in 2008.

More than 160 people were killed and hundreds injured when terrorists attacked hotels and other buildings in the Indian city. Headley and his co-defendant Tahawwur Rana are also suspected of being involved in the bombing of the Danish embassy in Islamabad which cost the lives of eight people.

“There are different punishments for each crime, and several of the charges can lead to a death sentence for Headley,” Randal Samborn, spokesman of the American prosecutor’s office tells Politiken.

The punishment for eight of the charges against Headley could result in a death sentence if he is found guilty.

PET-US cooperation
From its very first news release in the case against Headley last October, PET has openly said that the service is cooperating with the FBI in the investigation.

“The arrested individuals have been closely monitored by the American authorities, and at the same time PET has launched a number of investigations,” PET wrote, adding that cooperation with the United States would continue in order to “mitigate the threat”.

Difficult to know
But the exchange of even banal information can be a problem since it is difficult to judge beforehand whether a piece of specific information could be the decisive piece of evidence that could lead to a death sentence.

Politiken would have liked ask PET for comment on the dilemma regarding information in the case against Headley and whether it has been necessary to withhold information from the Americans. The Service, however, has declined to be interviewed on the issue and has referred comment to the Justice Ministry.

The ministry itself has also declined to give an interview.

Professor: Danish dilemma
Law Professor Eva Schmidt of the University of Copenhagen says that the Danish authorities are in a dilemma.

“If it ends with him being sentenced to death and the information the Americans received from Denmark was highly significant for the sentence, then that is quite unfortunate,” she says.

She believes that Danish authorities are in a legal grey zone because they cannot precisely know which information might provide decisive proof in connection with a death sentence.