Retten til selvforsvar

For retten til at forsvare sig selv og sine kære

Update om retten til at bære kirpan i Danmark

Jeg skrev tidligere om de danske Sikher og deres kamp for retten til at bære deres kirpan. Det ser deværre ud til at de tabte i denne omgang.

AAHRUS (DENMARK): The Sikh youth Ripudaman Singh,
who was facing trial because he was wearing a
traditional sword of a baptised Sikh when he
visited the United States embassy in Denmark, has
finally lost the case though the High Court
remitted the six-day jail sentence. The sword
however has been confiscated. The verdict was
pronounced on Tuesday. The City Court had found
the prosecuted guilty in violating the weapon law
and had fined the prosecuted for 3,000 DKK and
confiscated the knife. Also the High Court found
the prosecuted guilty for the violation of the
weapon law, but changed the sentence delivered
earlier by the City Court, so that the fine has been annulled.
The argument of the High Court is: “After the
production of evidence in front of the High Court
it is found proven that the prosecuted at the
moment named by the indictment, at the entrance
of the American Embassy in Copenhagen, was
carrying a kirpan in a public place. “For these
reasons, as stated by the City Court, it is
further proved that this kirpan must be
considered as a knife, that is included in weapon
law § 4, par. 1, 1st period. It is therefore
forbidden to carry a knife in public places,
unless it happens in relation to the practice of
a profession, for use in hunting, fishing or
practice of a sport or has a similarly
recognisable purpose. “After this production of
evidence, included the explanation of the
prosecuted, has to be reduced to the reason, that
the prosecuted, being a Sikh, has carried the knife as a religious symbol.
“For these reasons, as stated by the City Court,
it is agreed that the circumstance of the
prosecuted carrying the knife as a Sikh, cannot
be regarded as a similarly recognisable purpose,
included in the decision for the exceptions in
weapon law § 4, par. 1, 1st period, second part.
“It is moreover agreed, that this interpretation
of weapon law § 4, par. 1, is not in conflict
with art. 9 of the European Convention on Human
Rights, since measures against the possession of
weapons like this are necessary in a democratic
society on account of public safety and to
protect the public order, cf. art. 9, par. 2 of
the Convention. “It is therefore agreed, that the
prosecuted is guilty, as it had been established
by the judgement of the City Court.
“After all the information about the prosecuted,
the reason for the prosecuted to possess a knife
and the other circumstances of the case, such
exceptional extenuating circumstances are found,
that the punishment should be dropped, cf. Penal
Code § 83, 2nd period.” “Two voters agreed, after
the circumstances of the case, that it is
required in order to prevent further violations
of the law, that the knife this case was about
should be confiscated, cf. Penal Code § 75, 2nd
part, nr. 1.” “One voter finds it not necessary
to confiscate the knife to prevent further
violations, in regard to the information that the
prosecuted got the knife (kirpan) when he got
baptised in 1996 and the circumstance that the
prosecuted, following his statement, has
respected the judgement of the City Court and has
not been carrying a kirpan for 2 years. This
voter votes therefore to free the prosecuted from
the claim for confiscation. ” Regarding this
question the sentence is pronounced after the
majority among the voters, so that the decision
of the City Court about confiscation is confirmed.
The High Court confirms therefore the judgment,
even though the punishment by means of a fine is
dropped. Earlier, the Akal Takht jathedar
Joginder Singh Vedanti had promised to pursue the
case but little was heard of whether this was done.
http://www.sikhnet.com/…sArchive/F4196EEC29C1C6FB 872573F4005E0C87
Jagpal S Tiwana
Dartmouth, Canada

februar 23, 2008 - Posted by | Religion, Sikh

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