Two Ukrainian men, aged 18 and 21, have been charged with espionage after allegedly photographing the Danish defense company MyDefence in Nørresundby for a Russian intelligence service. A court in Aalborg found no basis for pre-trial detention but allowed police to hold them for three days.
The five-hour hearing at Retten i Aalborg ended on Monday evening. According to DR, the judge ruled behind closed doors that the arrest of the 21-year-old and the 18-year-old could be upheld for three days.
Defense lawyer Rasmus Amandusson, who represents the 21-year-old, told DR that both charged men come from Ukraine. He said the two have been in Denmark for less than a year and that both work here. Both men deny guilt.
Amandusson said he could not disclose the men’s own account in court, because the hearing was held behind closed doors. He noted that nobody enjoys being presented with such a charge, and that the two were strongly affected. A name ban, or navneforbud, has also been imposed in the case.
Prosecutors point to Russian intelligence but name no service
The men were arrested on 19 October and charged under Section 108(1) of the Danish Penal Code, which covers espionage, as reported by Ekstra Bladet. Prosecutors allege the two photographed MyDefence in Nørresundby on the same date.
Per TV 2, the prosecution says the images were sent to a person on Telegram. DR reports that prosecutors believe a Russian intelligence service is involved, but which service has not emerged.
DR has so far tried without success to obtain a comment from the Russian embassy on the claim that a Russian intelligence service is involved. MyDefence does not wish to comment on the case.
Justice Minister Nicolai Wammen of the Social Democrats said on Monday evening that he views the case with great seriousness. As stated by Wammen to DR, the general security picture is serious, and PET assesses that the Russian side is very focused on gathering information and planning sabotage actions in Denmark. Denmark has previously acted on such concerns, including when it banned Russian software over espionage fears.
Wammen said it is important that people in Denmark help protect the country, and that nobody should assist in taking photographs or sharing information about companies. He warned that anyone offered 5,000 kroner to photograph a local defense company should decline, or risk acting as a useful idiot or directly serving Russia’s interests.
What the case shows foreign workers about Danish criminal procedure
A grundlovsforhør is the court hearing where a judge decides whether an arrested person can be held further. In this case the judge found no basis for varetægtsfængsling, meaning pre-trial detention, but allowed police to maintain the arrest for three days. The doors were closed and a navneforbud applies, so the men cannot be named publicly.
Both charged men are foreign nationals who, according to their lawyer, were working in Denmark after less than a year in the country. The reporting from DR, TV 2 and Ekstra Bladet does not state what residence or work permits the two hold, and no immigration consequences have been described by the authorities. Readers who want background on how work and residence rules function can consult our guide to immigration and labour law in Denmark.
What remains unknown is which Russian intelligence service prosecutors believe was the intended recipient, and whether formal charges will proceed after the three days expire. The justice minister’s warning, as reported by DR, was addressed to anyone in Denmark approached with payment for photographing defense companies.
