Google translated from Dutch
It must once again be assessed whether it was legal to ban and dissolve the gang LTF.
First it was the city court, then the district court. Both agreed on the result: The gang group Loyal To Familia (LTF) is an association that works by violence and must therefore be banned.
Now is the last chance for LTF, when the country’s supreme court today takes up the case, which is to decide the gang’s future.
It is the band’s defender, Michael Juul Eriksen, who wants Supreme Court to assess the case.
– My client wants us to fight and use all the opportunities we have.
– This is a matter of principle, which concerns the interpretation of the Constitution, which is very rare in Danish law, he says.
What does the Constitution say?
This is the first time in the history of the constitution that a case has been brought for the dissolution of a gang group.
Section 78 of the Constitution ensures freedom of association, so that all citizens have the right to form associations without prior permission.
This means that anyone can form an association without asking for permission.
However, the Constitution also states that an association may be dissolved if it acts by or seeks to achieve its goals by violence, incitement to violence or similar criminal influence of dissidents.
If this applies to the association, it can be dissolved by judgment.
The provision was introduced in the latest constitution of 1953.
Source: The Constitution.
63 shooting episodes and 1409 years in prison
It has been almost three years since the Copenhagen Police imposed a temporary ban on the gang, which at the time was Denmark’s largest.about:blank
It happened after a bloody gang conflict with many shooting episodes in the public space.
During the case in the city court, it emerged that the police believed that LTF was for a period of five years involved in 63 shooting episodes with five killed and several wounded.
In the High Court it emerged that 372 of the current and former members of the gang have received a total of 1409 years in prison for various crimes.
Still, it was not an easy decision to dissolve and ban the gang, said High Court Judge Finn Morten Andersen at the sentencing in the Eastern High Court:
– It is extremely important for our society that you have that right to freedom , he said about the right to form associations.
Is LTF an association?
The two courts have ruled on two issues of principle. Is Loyal to Familia an association, and does the association work by violence orthreats of violence?
And although LTF does not have articles of association and actual membership forms, both courts have concluded that LTF is an association.
Something like defense attorney Michael Juul Eriksen has time and time againrejected .
He does not believe that LTF is an association within the meaning of the Constitution. It’s a friends club or a fraternity.
– The Supreme Court must rule on the application of the Constitution in this situation. This has never been tried before, so there is no practice against us. Of course, I will fight to try to win that question, he says.
Who is LTF?
LTF was founded in 2013 with branches in Nørrebro, in Kokkedal and in Tingbjerg.
In 2017, the band had branches across the country – including Fredericia, Aarhus and Køge.
The members of the gang have been searched several times for, among other things, shootings, drug crime and murder.
Shuaib Khan has been the front man since the band’s inception.
In 2018, he was deported from Denmark for six years for threatening an officer.
The case went all the way to the Human Rights Court, but Shuaib Khan was unsuccessful.
Both courts have also ruled that this is not a peaceful union.
– In addition, we have found that LTF acts by violence, it was stated in the Eastern High Court.
But even that disputes the defense attorney .
– During the trials, we have seen examples of serious crime committed by LTF members in a gang conflict. Why is it not precisely in those cases that crime is committed by an association?
– In those cases, those who have committed the acts are convicted. It has not been tried or convicted in these cases that others should have given orders for this, says Michael Juul Eriksen.
The Attorney General has previously assessed that dissolution cases could not be brought against the gangs and rock groups Hells Angels and Bandidos.
Among other things, because it was not believed that it could be proven that the groups were associations within the meaning of the Constitution.
This is how it sounded when the Copenhagen City Court ruled on Loyal To Familia.
Still active players
Since the ban , LTF has not as before been visible in the street scene.
Nevertheless, the gang has been an active player in the gang environment.
Most recently during the first corona lockdown of Denmark in the spring of 2020, LTF involved in a conflict.
This time between a local gang group from Husum north of Copenhagen and members of the gang Loyal To Familia. The conflict led to several shooting episodes in Copenhagen and two killed.
According to the National Police’s latest conflict assessment of the rocker gang community in Denmark, however, there is currently no active conflict between LTF and rival gangs.
DR Nyheder has tried to get the Copenhagen Police’s assessment of LTF’s role in the Copenhagen gang environment today. The police did not want to show up.
Defender Michael Juul Eriksen believes that the ban has been a political desire.
– There is no doubt that the case has been used to market itself politically.
– It is very telling that the Ombudsman of his own motion has criticized thatthe authorities have not complied with the rules in their marketing of the case, he says, referring to the fact that the Ministry of Justice was criticized for their actions before the injunction case.
In a case by The Supreme Court is usually attended by five Supreme Court judges. However, in matters of principle, seven or more Supreme Court judges participate.
There are nine judges in the case against LTF.
The trial is taking place over two court days , after which it will be admitted for judgment.
