Et par kommentarer til Højesterets dom over Bent Jensen
De onde lo og de gode græd da Højesteret afgjorde at historikeren Bent Jensen skal betale 100.000,- i tortgodtgørelse til Jørgen Dragsdahl for at genopfriske Dragsdahls virke under Den Kolde Krig, kan man læse i Berlingske Tidende. Desuden skal Bent Jensen betale 10.000,- i dagbøder samt sagsomkostninger på mere end 500.000,- Jurister tager sig godt betalt for at komme til de forkerte konklusioner. Og forkert er dommen, der giver Bent Jensen medhold i sin faktuelle beskrivelse af Dragsdahl, men lagde vægt på Dragsdahls forestillede omdømme i begrebet ‘den almindelige læser’
De første meldinger om Højesterets dom modtages forskelligt.
“Skandaløs” kaldte Lars Hedegaard dommen over Bent Jensen umiddelbart efter
- Højesteret lægger vægt på, at PET ikke har villet anlægge straffesag mod Jørgen Dragsdahl, men det har Bent Jensen heller aldrig skrevet. Og der kan være mange grunde til, at PET ikke har villet rejse tiltale, siger Lars Hedegaard.
Han henviser til, at efterretningstjenesten både for at beskytte sine efterforskningsmetoder og af politiske grunde kan have været tilbageholdende med at anbefale Justitsministeriet om at rejse sag mod Dragsdahl.
- Her er det juraen, der gør sig til dommer over historieforskningen. Jeg er selv historiker og har studeret sammen med Bent Jensen, lyder det fra Lars Hedegaard.
En rystet Lars Hedegaard forklarer dommen til medlemmer af Trykkefrihedsselskabets bestyrelse Aia Fog og Kit Louise Strand
“Det er ikke en fair kamp, hvis den ene part har fået hænderne bundet om på ryggen” konkluderer Årskriftet Critique efter at have gennemgået 3 væsentlig punkter ved dommen, her i amputeret form
1) Højesteret har ikke ment at tage stilling til spørgsmålet om forskeres muligvis udvidede ytringsfrihed. Dette skyldes, at man har opfattet Bent Jensens indlæg på linje med et journalistisk produkt. Årsagen hertil er, at artiklen er bragt i Jyllands-Posten og ikke eksempelvis i Historisk Tidsskrift.
(…)
2) En forudsætning for dommen er, at Bent Jensen med sin påpegning af Dragsdahls angivelige agentvirksomhed, har anklaget Dragsdahl for et kriminelt forhold. Dette har Bent Jensen peget på ikke er tilfældet. Han har endog slået fast i sin artikel, at han ikke tager stilling til dette spørgsmål, men at han mener at kunne se, at Dragsdahl er påvirkningsagent.
Her har Højesteret valgt at følge Dragsdahls advokats argument, at den ”almindelige læser” ved benævnelsen agent må forstå et kriminelt forhold. Bent Jensen er altså dømt for ikke hvad han skrev, men på hvad en ”almindelig læser” kunne have forstået.
Dette må ud fra en lægmandsbetragtning opfattes problematisk.
3) Fordi Højesteret har valgt at lægge vægt på ikke, hvad Bent Jensen har skrevet, men hvad Dragsdahls advokat mener, at den almindelige læser må forstå ved ordet agent, og fordi man har opfattet Bent Jensens artikel ikke som forskning men journalistik, må Bent Jensen kunne dokumentere rigtigheden af sine anklager.
Måske kan man konkludere at når Højesteret opererer med begrebet “den almindelige læser”, der ikke kan forstå hvad Bent Jensen faktisk skriver, så taler Højesteret om Højesteret selv.
På Reaktionære Reflektioner konstaterede Martin Kasler bittert at “KGB-konspirator må ikke kaldes KGB-agent” og at han fik ret i sin spådom
I går dømte Højesteret så Bent Jensen for injurier mod Jørgen Dragsdahl. Dog kun for beskyldningen om, at Dragsdahl har været KGB-agent. Fem ud af syv dommere mente, at dette udtryk implicerer en beskyldning om at have været spion eller på anden måde strafbar landsforræder.
Derimod fandt retten det rimeligt godtgjort, at journalisten Dragsdahl under Den kolde Krig misinformerede den danske offentlighed til fordel for gulag-regimet, samt at han i samme periode holdt konspiratoriske møder med KGB.
Efter dommen blev Jørgen Dragsdahl uden for Højesteret tiljublet af nogle få tilhængere. Frem var bl.a. mødt Dragsdahls tidligere svoger Jacob Holdt, der under Den kolde Krig selv modtog penge af KGB. Holdt fejrede triumfen med gulag-regimets Hammer & Segl-flag.
(…)
Jeg har ikke nærlæst dommen mod Bent Jensen og ved i skrivende stund derfor ikke, om Højesteret har taget stilling til spørgsmålet om, hvorvidt forskere har mindre ret til at overdrive og forvrænge end journalister.
Derimod har jeg bemærket, at blandt to af de fem dommere, der straffede Bent Jensen for betegnelsen “KGB-agent” om KGB-konspiratoren Jørgen Dragsdahl, er to jurister som jeg for nyligt nævnte i et indlæg, nemlig Hanne Schmidt og Thomas Rørdam.
Nu er det så at man kan skrive “Jørgen Dragsdahl der har Højesterets ord for at han ikke må kaldes påvirkningsagent”, som en god ven kommenterede. Eller måske skulle Jensens forsvarer have ladet sig inspirere af Højesterets ungdomsorganisation Justitsministeriets embedsmænd og betegnet ‘påvirknings-agent’ som en ‘nød-sandhed’?
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