Denmark's Supreme Court ruled that a Dane of Syrian origin who was jailed for having spent time with the Islamic State (IS) terror group in Syria was in fact an informant for Danish intelligence services.
The ruling on Tuesday paves the way for Ahmed Samsam, 35, to seek a reversal of his 2018 conviction in Spain for being a member of the terror group.
"The Danish Security and Intelligence Service (DSIS) and the Danish Defence Intelligence Service (DDIS) must acknowledge that, in connection with his trips to Syria in 2013 and 2014, 'A' collaborated with intelligence services, and that he received fees and other compensations in exchange for providing information on Danish fighters in Syria to the intelligence services," the court said in its verdict.
The two agencies published a public admission within hours of the court ruling.
Since Samsam's case emerged in 2018, both intelligence services had refused to confirm or deny the identity of their informers for security reasons.
A lawyer for the intelligence agencies called Tuesday's ruling "regrettable".
Samsam was handed an eight-year sentence by the Madrid court that convicted him. He served most of his time in prison in Denmark after being transferred, and was released in 2023.
He had denied any terrorist activity, and his claim had been backed by several testimonies and journalistic investigations, which were presented to a lower Danish court that tried to establish whether or not he was a Danish intelligence agent.
He lost that case, before the Supreme Court ruled in his favour.
Danish Ahmed Samsam poses at a court in Madrid on June 12, 2018 during his trial on charges of having fought in the ranks of the Islamic State for more than three years. (Photo/Luca Piergiovanni/AFP)
It found that he had explained "in detail, in a coherent and meaningful manner" how he had been recruited, and that he had documented cash and bank transfer payments, the identity of his recruiters, his training and meeting places.
"Our main goal is to pursue the matter in Spain. We need to think carefully about the best steps to take to do so," Samsam's lawyer Rene Offersen told reporters outside the courthouse.
'Big mistake'
The case has enthralled Danes for five years.
"I have a lot of confidence in the Danish courts, but I never thought it would take this long," Samsam told reporters as he left the courthouse.
"Especially not after the media started covering the story in 2020," he added.
The affair has left the intelligence agencies red-faced. Samsam said that could have been avoided if the agencies had backed him up in 2018.
"I don't know which monkeys have been running the show over there but they really made a big mistake and they have handled it like amateurs," he said.
"The fact that they let it get so public, they can only blame themselves."
Before Tuesday's verdict, Frederik Waage, a law professor at the University of Southern Denmark, said an admission by intelligence agencies that Samsam was an agent would have been "a sensation" and "would interfere with the operations of the Danish intelligence agencies in a way not seen before."
Apart from the IS charge, Samsam still faces other legal problems. On Monday, Copenhagen's court of appeals upheld a three-month sentence against him for violence against a law enforcement officer.
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Source: TRT