6 ms·

Pirate Bay founder is being held in solitary confinement without a warrant

343 points by hseldon15 13y ago

rayiner 13y ago
Can someone who knows Danish law explain what it means to be held "without a warrant" in Denmark?
- freeall 13y ago
  As a Danish person I was also confused about that when I first read it. I think it's a misuse of the word "warrant", and more has to do with whether or not they've charged him (I think).
- Erwin 13y ago
  Generally if you are suspected of comitting a sufficiently serious crime -- where the prison term would be 18 months and above -- you can be remanded if there's a suspicion you are going to interfere with the investigation or flee. The prosecutor requests the remandment, and a judge has to approve within a short period after the arrest (or release the suspect). Isolation here can be requested if there's a suspicion the alleged criminal can interfere with the investigation, warn others, destroy evidence etc. by communicating. You can try Google translate on http://www.themis.dk/searchinclude/Lovsamling/Retsplejelovens_kapitel_70.html http://www.themis.dk/searchinclude/Lovsamling/Retsplejeloven... if you want to know more. This can in theory go on for 6 months, if the alleged crime would be penalized with less than 6 years in prison, or a 1 year if 6 or more, if the court approves the increase every 4 weeks.
Erwin 13y ago
This is standard procedure. The alleged criminal is remanded typically up to 4 weeks at a time, and optionally isolated. This can go on for a bit if the alleged criminal is expected to flee, destroy evidence and that type of thing. The headline and the article fail to stress why he's being imprisoned. It's unrelated to Pirate Bay, and has due to extensive intrusion into Danish government and police databases. Don't mistake this "cracker" type for some kind of brave fighter against restrictive copyright regime. According to the article he's in solitary confinement.. "among violent criminals".
- lechevalierd3on 13y ago
  Yeah, this seems like this could be totally unrelated to TPB.
  - stephenson 13y ago
    It has nothing to do with TPB. He is accused of braking into the danish police systems, including out driver license database that holds our Civil Registration System number witch can easily be used to identity fraud. And this is just one of the accusations.
- sillysaurus2 13y ago
  So all authorities have to do to extinguish any "copyright freedom fighter" is to invent charges against them. Then apparently everyone will be A-OK with throwing them in solitary. I think it's unlikely. But I also think authorities are sometimes corrupt. The only reason we know anything about this case is because they told us things. We're quick to believe them. Why?
  - Svip 13y ago
    You think the charges are invented? Why?
    - vishaldpatel 13y ago
      Has he been proven guilty?
      - tlow 13y ago
        nope.
    - jbri 13y ago
      It shouldn't matter whether these specific charges are made-up or not. At this point they're unproven allegations, and it's up to a court to decide whether they're valid or not. It's important to realize that anytime you give the police power over people still facing trial, you give them that same power over anyone they can fabricate spurious charges against. That's why it's important to have things like warrants and pre-trial court orders, so that there's some accountability when the police detain someone over unproven allegations.
devindotcom 13y ago
He was already in prison in Sweden, but was extradited last month and is in police custody, but apparently being denied visitations from family and his lawyer requires a special order which the police have not gotten. It's trumped-up stuff and not due legal process, but at the same time it's not like he's being held in a secret location after being thrown in an unmarked van. Here's hoping his rights are respected more thoroughly soon. http://torrentfreak.com/pirate-bay-founder-held-in-solitary-confinement-without-a-warrant-131211/ http://torrentfreak.com/pirate-bay-founder-held-in-solitary-...
henpa 13y ago
thepiratebay.sx seems down at the moment. Edit: moved to thepiratebay.pe
- deleted 13y ago
  [deleted]
- danhak 13y ago
  domain seized...moved to thepiratebay.pe
- stephenson 13y ago
  It has nothing to do with this. He is not arrested in Denmark because of TPB.
  - loup-vaillant 13y ago
    Anyone sufficiently paranoid must consider the possibility that it has something to do with TPB, and the charges are just made up.
grannyg00se 13y ago
If you're going to torture somebody because they're a troublesome inmate that needs punishing, that's one debate and I can imagine some arguments for that. If you're going to torture somebody who hasn't even been found guilty yet, that's a different story.
GigabyteCoin 13y ago
Admit it. You hit the upvote button before reading the article because of the headline. I know I did, and now I want my upvote back. I had completely forgotten about the hacking charges and his extradition from Malaysia. After watching the pirate bay documentary, I am fairly certain that somebody with his level of "enthusiasm" for his cause could have easily perpetrated the crimes he is accused of.
- jrockway 13y ago
  It's best to punish people after judicial review. Has he been able to call witnesses on his behalf? No. Has he been able to cross-examine the government's witnesses against him? No. That's the problem. I have no idea how the legal system in Denmark works, but it seems unfair to punish him in the short-term without judicial review, and in the long-term without a trial by his peers.
- sebcat 13y ago
  Cambodia, not Malaysia.

343 points by hseldon15 13y ago

rayiner 13y ago

Can someone who knows Danish law explain what it means to be held "without a warrant" in Denmark?

freeall 13y ago
As a Danish person I was also confused about that when I first read it. I think it's a misuse of the word "warrant", and more has to do with whether or not they've charged him (I think).
Erwin 13y ago
Generally if you are suspected of comitting a sufficiently serious crime -- where the prison term would be 18 months and above -- you can be remanded if there's a suspicion you are going to interfere with the investigation or flee. The prosecutor requests the remandment, and a judge has to approve within a short period after the arrest (or release the suspect). Isolation here can be requested if there's a suspicion the alleged criminal can interfere with the investigation, warn others, destroy evidence etc. by communicating. You can try Google translate on http://www.themis.dk/searchinclude/Lovsamling/Retsplejelovens_kapitel_70.html http://www.themis.dk/searchinclude/Lovsamling/Retsplejeloven... if you want to know more. This can in theory go on for 6 months, if the alleged crime would be penalized with less than 6 years in prison, or a 1 year if 6 or more, if the court approves the increase every 4 weeks.

Erwin 13y ago

This is standard procedure. The alleged criminal is remanded typically up to 4 weeks at a time, and optionally isolated. This can go on for a bit if the alleged criminal is expected to flee, destroy evidence and that type of thing. The headline and the article fail to stress why he's being imprisoned. It's unrelated to Pirate Bay, and has due to extensive intrusion into Danish government and police databases. Don't mistake this "cracker" type for some kind of brave fighter against restrictive copyright regime. According to the article he's in solitary confinement.. "among violent criminals".

lechevalierd3on 13y ago
Yeah, this seems like this could be totally unrelated to TPB.
- stephenson 13y ago
  It has nothing to do with TPB. He is accused of braking into the danish police systems, including out driver license database that holds our Civil Registration System number witch can easily be used to identity fraud. And this is just one of the accusations.
sillysaurus2 13y ago
So all authorities have to do to extinguish any "copyright freedom fighter" is to invent charges against them. Then apparently everyone will be A-OK with throwing them in solitary. I think it's unlikely. But I also think authorities are sometimes corrupt. The only reason we know anything about this case is because they told us things. We're quick to believe them. Why?
- Svip 13y ago
  You think the charges are invented? Why?
  - vishaldpatel 13y ago
    Has he been proven guilty?
    - tlow 13y ago
      nope.
  - jbri 13y ago
    It shouldn't matter whether these specific charges are made-up or not. At this point they're unproven allegations, and it's up to a court to decide whether they're valid or not. It's important to realize that anytime you give the police power over people still facing trial, you give them that same power over anyone they can fabricate spurious charges against. That's why it's important to have things like warrants and pre-trial court orders, so that there's some accountability when the police detain someone over unproven allegations.

devindotcom 13y ago

He was already in prison in Sweden, but was extradited last month and is in police custody, but apparently being denied visitations from family and his lawyer requires a special order which the police have not gotten. It's trumped-up stuff and not due legal process, but at the same time it's not like he's being held in a secret location after being thrown in an unmarked van. Here's hoping his rights are respected more thoroughly soon. http://torrentfreak.com/pirate-bay-founder-held-in-solitary-confinement-without-a-warrant-131211/ http://torrentfreak.com/pirate-bay-founder-held-in-solitary-...

henpa 13y ago

thepiratebay.sx seems down at the moment. Edit: moved to thepiratebay.pe

deleted 13y ago
[deleted]
danhak 13y ago
domain seized...moved to thepiratebay.pe
stephenson 13y ago
It has nothing to do with this. He is not arrested in Denmark because of TPB.
- loup-vaillant 13y ago
  Anyone sufficiently paranoid must consider the possibility that it has something to do with TPB, and the charges are just made up.

grannyg00se 13y ago

If you're going to torture somebody because they're a troublesome inmate that needs punishing, that's one debate and I can imagine some arguments for that. If you're going to torture somebody who hasn't even been found guilty yet, that's a different story.

GigabyteCoin 13y ago

Admit it. You hit the upvote button before reading the article because of the headline. I know I did, and now I want my upvote back. I had completely forgotten about the hacking charges and his extradition from Malaysia. After watching the pirate bay documentary, I am fairly certain that somebody with his level of "enthusiasm" for his cause could have easily perpetrated the crimes he is accused of.

jrockway 13y ago
It's best to punish people after judicial review. Has he been able to call witnesses on his behalf? No. Has he been able to cross-examine the government's witnesses against him? No. That's the problem. I have no idea how the legal system in Denmark works, but it seems unfair to punish him in the short-term without judicial review, and in the long-term without a trial by his peers.
sebcat 13y ago
Cambodia, not Malaysia.