Camilla Broe
Encyclopedia
Camilla Broe is the first Danish citizen
to be extradited
to a country outside the European Union
, when she was handed over to the American police after being indicted on 14 counts of drug trafficking. She is facing a sentence of up to 60 years in prison if she is convicted, but would serve only 6 months in the US before being deported to Denmark to serve another 2 to 8 years.
On 7 August 2009, a board of Danish judges decided her case could be heard before the Danish Supreme Court.
She was placed on house arrest with work release until extradition could be processed. However, she was jailed when she appealed the ruling to European Court of Human Rights
, the house arrest being changed to incarceration in jail. She was taken to Vestre Fængsel
on 10 August 2009. This prison is regarded as very tough compared to the county jail in Elsinore
, where she had been detained previously.
Her case has been accepted by the European Court of Human Rights
, but it did not stop her from being extradited to Florida.
The family has now created a foundation in order to raise money for her defense because her economy cannot provide a legal defense.
She is currently detained at the Federal Detention Center in Miami
. Her inmate number is #82672-004.
Expected trial date was March 2012, but political pressure forced the court to start the trial no later than 14 December 2009.
On 5 January 2010, the judge ruled that the charges were subject to statutes of limitations.
However, on 12 January 2010, the prosecution requested that the case be tried by a higher court authority, informing that a new trial date has been set to 1 March 2010.
On 25 February 2010, the court set her free but - because she entered the USA under police escort - she is facing charges of immigration violation
She returned to Copenhagen on March 1, 2010. She had to take a direct flight as international arrest orders have not been canceled yet
On March 22, 2010 the appeal court followed the previous rulings and the case against her was dropped.
However, the media published stories from unknown officials claiming that Broe was alleged to have been one of the leaders of a drug smuggling operation which imported some 100,000 Ecstasy pills from the Netherlands to Florida towards the end of the 1990s. According to unnamed sources inside the Florida state attorney office, she was the partner of the head of the operation and not only helped to enlist smugglers, but also laundering the proceeds from the sale of the drugs.
Broe arrived at the United States in 1986 in order to study and then started a relationship with a man whom she later had a daughter with. The boyfriend turned out to be violent and at some point he became involved with the drug market. Allegedly, without her social network and living in a foreign culture (albeit for 4 years) she was not able to end the relationship and, for this reason, her defence is based on the Battered woman syndrome. When the police arrested the boyfriend she fled back to Denmark. At the time of the arrest of her partner the police informed her of the possibility that they may wish to inquire further into her involvement with the drug operations but she was not arrested nor formally charged. Broe is not denying that her boyfriend was involved in the drug market. Additionally, Broe confessed to involvement with arranging the drug couriers' trips.
Critics of this agreement claim that it motivates the extradited Danes to plead No contest
as they probably will be released when returning to Denmark because charges like conspiracy
, obstruction of justice
are not punishable by Danish law. Second, the trial in Florida is estimated to last 5–7 years in Florida if she is trying to get acquitted, because the witnesses could be difficult to find because most of them have served out the sentence they got in return for testifying against her, and are now living in other countries.
Also, the length of the sentence is different. In Denmark "manddrab" (manslaughter) is the term used by the Danish penalty law to describe the act of intentionally killing another person. No distinction between manslaughter and murder exists. The penalty goes from a minimum of five years (six years in the case of regicide) to imprisonment for life (which in Denmark seldom results in more than 16 years' imprisonment).
, but some, like the former editor of Ekstrabladet and adviser for the Minister for Family and Consumer Affairs
Lars Barfoed
, Karen Thisted had made critical and political comments about her actions.
A book is going to be published in 2010. It remains unclear whether some of the profit will benefit the defense but Denmark has no Son of Sam law
as it is considered fair in the Danish culture to get a balanced view of criminal cases
Agencies providing counseling to possible future exchange students now use this case as example of the possible dangers student could risk facing unless they have an exit-plan ready so they can escape home fast if they learn or just witness criminal activity while living abroad. It is expected that the case will have a lasting effect of lowering the number of young Danes who choose to study or work abroad.
Denmark
Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...
to be extradited
Extradition
Extradition is the official process whereby one nation or state surrenders a suspected or convicted criminal to another nation or state. Between nation states, extradition is regulated by treaties...
to a country outside the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
, when she was handed over to the American police after being indicted on 14 counts of drug trafficking. She is facing a sentence of up to 60 years in prison if she is convicted, but would serve only 6 months in the US before being deported to Denmark to serve another 2 to 8 years.
On 7 August 2009, a board of Danish judges decided her case could be heard before the Danish Supreme Court.
She was placed on house arrest with work release until extradition could be processed. However, she was jailed when she appealed the ruling to European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, the house arrest being changed to incarceration in jail. She was taken to Vestre Fængsel
Vestre Fængsel
Vestre Fængsel is the main jail of the Danish capital, Copenhagen. Erected in 1895, it is Denmark's largest prison with a total capacity of 530 inmates...
on 10 August 2009. This prison is regarded as very tough compared to the county jail in Elsinore
Elsinore
Helsingør is a city and the municipal seat of Helsingør municipality on the northeast coast of the island of Zealand in eastern Denmark. Helsingør has a population of 46,279 including the southern suburbs of Snekkersten and Espergærde...
, where she had been detained previously.
Her case has been accepted by the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
, but it did not stop her from being extradited to Florida.
The family has now created a foundation in order to raise money for her defense because her economy cannot provide a legal defense.
She is currently detained at the Federal Detention Center in Miami
Federal Detention Center, Miami
Federal Detention Center, Miami is a prison operated by the Federal Bureau of Prisons. It is located east of Miami International Airport at the corner of NE. 4th Street and N. Miami Avenue...
. Her inmate number is #82672-004.
Expected trial date was March 2012, but political pressure forced the court to start the trial no later than 14 December 2009.
On 5 January 2010, the judge ruled that the charges were subject to statutes of limitations.
However, on 12 January 2010, the prosecution requested that the case be tried by a higher court authority, informing that a new trial date has been set to 1 March 2010.
On 25 February 2010, the court set her free but - because she entered the USA under police escort - she is facing charges of immigration violation
She returned to Copenhagen on March 1, 2010. She had to take a direct flight as international arrest orders have not been canceled yet
On March 22, 2010 the appeal court followed the previous rulings and the case against her was dropped.
The alleged crime
Broe was indicted by a Florida grand jury on 14 counts of drug trafficking. The Danish courts have not been presented with any evidence by the authorities in Florida. Both courts are only ruling whether the United States application for her to be extradited fulfills the formal demands according to the extradition agreement between the two countries.However, the media published stories from unknown officials claiming that Broe was alleged to have been one of the leaders of a drug smuggling operation which imported some 100,000 Ecstasy pills from the Netherlands to Florida towards the end of the 1990s. According to unnamed sources inside the Florida state attorney office, she was the partner of the head of the operation and not only helped to enlist smugglers, but also laundering the proceeds from the sale of the drugs.
Broe arrived at the United States in 1986 in order to study and then started a relationship with a man whom she later had a daughter with. The boyfriend turned out to be violent and at some point he became involved with the drug market. Allegedly, without her social network and living in a foreign culture (albeit for 4 years) she was not able to end the relationship and, for this reason, her defence is based on the Battered woman syndrome. When the police arrested the boyfriend she fled back to Denmark. At the time of the arrest of her partner the police informed her of the possibility that they may wish to inquire further into her involvement with the drug operations but she was not arrested nor formally charged. Broe is not denying that her boyfriend was involved in the drug market. Additionally, Broe confessed to involvement with arranging the drug couriers' trips.
Her life in Denmark
Camilla Broe and her daughter, from Jacob Orgad aka "Koki" convicted Ecstacy Drug Kingpin , returned to Denmark without any wealth and with no income . Family and friends supported them until she found a job. She is not known to have been involved in any criminal activity while living in Denmark.Case Timeline
| Date or Period | Description |
|---|---|
| 1986 | Camilla Broe arrives in the United States where she meets her now former boyfriend, Jacob Orgad aka "Koki". She becomes a naturalized citizen |
| 1995 to 1998 | The boyfriend engages in illegal drug smuggling Ecstasy from Europe to Florida. At this stage, the relationship had become violent. |
| July 2001 | The police informs her that they consider investigating her unless she testifies against her former boyfriend. She chooses to return to Denmark |
| March 2003 | She is secretly charged in Florida |
| December 2007 | The police arrest her based on the Danish anti-terrorism laws until the extradition request can be validated. |
| May 2008 | After having negotiated the terms of the extradition agreement between Denmark and the United States, the justice department in Denmark accept that she can be extradited if the court system find that the extradition request is in order. |
| August 2008 | The Lyngby District Court rules that the human concern as described in the Human rights conventions Denmark has signed outweighs the extradition request from Florida. |
| July 2009 | The Eastern High court rule that she should be extradited. She is taken into custody later that day but released a few days later because she does not impose a flight risk. |
| August 2009 | Danish Appeals Permission Board denies her case to be heard before the supreme court. This ruling came as a surprise for legal experts in general, which has led some of the public to speculate whether the ruling is political |
| 4 September 2009 | She was extradited to the United States. A press conference was held at Copenhagen airport before she was turned over to the U.S. Marshals United States Marshals Service The United States Marshals Service is a United States federal law enforcement agency within the United States Department of Justice . The office of U.S. Marshal is the oldest federal law enforcement office in the United States; it was created by the Judiciary Act of 1789... . Two days before the extradition process it was discovered that the charges against her were not valid according to Danish laws, so the prosecution in the United States was allegedly ordered to alter the charges. She left Denmark on a commercial Delta Air Lines Delta Air Lines Delta Air Lines, Inc. is a major airline based in the United States and headquartered in Atlanta, Georgia. The airline operates an extensive domestic and international network serving all continents except Antarctica. Delta and its subsidiaries operate over 4,000 flights every day... flight at 11:25. The Drug Enforcement Administration (DEA) Miami Field Division Special Agent in Charge, Mark R. Trouville announces the extradition of Camilla Broe, marking the first time a Danish citizen has ever been extradited to the United States. Broe was taken into custody by the United States Marshals Service in Denmark and transported to Fort Lauderdale, Florida to face U.S. drug trafficking charges. Broe is charged with a fourteen-count superseding indictment handed down on 3 September 2009, in the Southern District of Florida which charges him with importing MDMA, also known as “ecstasy”, into Miami from June 1997, to February 1998. |
| 8 September 2009 | An Initial Appearance in Federal Magistrate’s court in Miami was held. She was denied bail. Trial date is expected to be 14 December 2009 |
| 16 October 2009 | The prosecution has asked to delay the trial due to a wedding and the following honeymoon |
| 12 November 2009 | It was revealed that the Drug Enforcement Administration Drug Enforcement Administration The Drug Enforcement Administration is a federal law enforcement agency under the United States Department of Justice, tasked with combating drug smuggling and use within the United States... had her under surveillance in Denmark without notifying Danish authorities which is against the law in Denmark. A scheme to lure her to France where she could be abducted to the United States was prevented by the Danish police. |
| 21 November 2009 | The defense lawyer presented material to the court that revealed that Camilla Broe approached the authorities once she discovered that the investment company her fiancee ran was a front Front organization A front organization is any entity set up by and controlled by another organization, such as intelligence agencies, organized crime groups, banned organizations, religious or political groups, advocacy groups, or corporations... for a drug smuggling operation. She presented the local police with names of people involved who later were convicted in court for their part in the smuggling ring and was allegedly in the process of making deal to function as an undercover agent to help the authorities further when the investigation was transferred to the federal agency. The federal agency chose to ignore her and made plea bargain Plea bargain A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to... s with the arrested smugglers she had turned in to frame Frameup A frame-up or setup is an American term referring to the act of framing someone, that is, providing false evidence or false testimony in order to falsely prove someone guilty of a crime.... her instead. |
| 1 December 2009 | A DEA agent testified in court that it was the minister of Justice in Denmark Lene Espersen Lene Espersen Lene Espersen is a Danish politician and member of parliament who has been Danish Minister of Foreign Affairs since 23 February 2010 and was leader of the Conservative People's Party and Deputy Prime Minister from 9 September 2008 to 13 January 2011... , who allowed the extradition process to start. However the Ministry of Justice of Denmark Ministry of Justice of Denmark Ministry of Justice of Denmark is the Danish government ministry responsible for the general judicial system, including the police and the prosecution service, the courts of law, and prisons and the probation service... and Lene Espersen herself denied they aided the extradition process. Documentation showed that the now 42-year-old Broe was facing six years in prison for allegedly smuggling 160,000 ecstasy pills into Florida in 1998. The prosecutor’s evidence also showed that US authorities had considered Broe a fugitive and had attempted to find her and bring her back to the US for trial. Camilla Broe and her lawyers had been hoping to have her trial on charges of drug smuggling dismissed in the US, claiming the charges were subject to statutes of limitations and that the State of Florida authorities dawdled with the case But after allowing the defence’s challenge on those grounds, the judge ruled that the case against the Dane will go on as scheduled, after the prosecution presented evidence contradicting the defence’s assertions. However, other news channels report that it is not decided whether the trial should take place at all. A spokesperson for the Minister of Justice has stated that the DEA agent has committed Perjury Perjury Perjury, also known as forswearing, is the willful act of swearing a false oath or affirmation to tell the truth, whether spoken or in writing, concerning matters material to a judicial proceeding. That is, the witness falsely promises to tell the truth about matters which affect the outcome of the... by claiming that the Danish authorities urged to go forward with the extradition process. As result the parliament has demanded a hearing, which could result in vote of confidence. It could mean that the minister of justice should step down for his co-operation with foreign authorities |
| 29 December 2009 | The defense asked for the trial to be delayed for 40 days. At the same time the prosecution denied to show the communication between the prosecution and the Danish ministry of justice as they do not want the testimony by the DEA tested. |
| 5 January 2010 | The judge ordered the trial to start as planned on 11 January 2010 despite not having ruled whether the charges are too old. She has been urged to plead guilty to at least something due to the costs of the trial. However January 6, 2010 the judged ruled that the charges were subject to statutes of limitations and she was basically exonerated of all charges, however the prosecution appealed the decision |
| 12 January 2010 | A hearing took place in the Danish parliament based on the statement made by the DEA agent during the pre-trial, in order to expose whether the Danish authorities forced the DEA to seek her extradition. The present Minister of Justice - Brian Mikkelsen Brian Mikkelsen Brian Arthur Mikkelsen is a Danish politician. He is a member of the Conservative People's Party, and has been a member of parliament since 21 September 1994.... denied any involvement by the Danes. Any Danish minister who lies to the parliament during hearings risks being put on trial, so Mikkelsen's statement undermines the statement given by the DEA agent |
| 2 February 2010 | It was reported that she is near bankruptcy which could mean that she would have to confess to some crimes as the level of public funded defense is very low |
| 25 February 2010 | After considering the appeal the judge set her free but criticized the prosecution of having placed in a poor position regarding the immigration rules. She is risking further detention until the U.S. Citizenship and Immigration Services can deport her. |
| 26 February 2010 | She was set free pending the appeal and was allowed to return to Denmark. However she facing difficulties finding a flight home |
| 22 March 2010 | The appeal court followed the previous rulings and the charges against her was dropped |
The extradition agreement
In December 2007 Denmark and the United States entered an agreement about the terms of extradition between Denmark and the United States. Some points of interest are:- No later than 6 months after the sentence is handed out, the Danes must return to Denmark to serve their sentences.
- The length of the trial has no limits.
- The Danes will be given a new sentence based on Danish sentence limit upon their return to Denmark
Critics of this agreement claim that it motivates the extradited Danes to plead No contest
Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
as they probably will be released when returning to Denmark because charges like conspiracy
Conspiracy (crime)
In the criminal law, a conspiracy is an agreement between two or more persons to break the law at some time in the future, and, in some cases, with at least one overt act in furtherance of that agreement...
, obstruction of justice
Obstruction of justice
The crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
are not punishable by Danish law. Second, the trial in Florida is estimated to last 5–7 years in Florida if she is trying to get acquitted, because the witnesses could be difficult to find because most of them have served out the sentence they got in return for testifying against her, and are now living in other countries.
Also, the length of the sentence is different. In Denmark "manddrab" (manslaughter) is the term used by the Danish penalty law to describe the act of intentionally killing another person. No distinction between manslaughter and murder exists. The penalty goes from a minimum of five years (six years in the case of regicide) to imprisonment for life (which in Denmark seldom results in more than 16 years' imprisonment).
Public reaction
Many citizens are concerned about the alleged political deal and regard the trial in Florida as a show trialShow trial
The term show trial is a pejorative description of a type of highly public trial in which there is a strong connotation that the judicial authorities have already determined the guilt of the defendant. The actual trial has as its only goal to present the accusation and the verdict to the public as...
, but some, like the former editor of Ekstrabladet and adviser for the Minister for Family and Consumer Affairs
Minister for Family and Consumer Affairs of Denmark
Minister for Family and Consumer Affairs of Denmark was a political office in the Danish government created in August 2004 and worked primarily for families and with consumption-related topics. The main purpose of the ministry was to protect the interests of families in a wider sense...
Lars Barfoed
Lars Barfoed
Lars Barfoed is a Danish politician representing the Conservative People's Party. He was Justice Minister of Denmark from February 2010 to October 2011, and Deputy Prime Minister of Denmark from January to October 2011...
, Karen Thisted had made critical and political comments about her actions.
A book is going to be published in 2010. It remains unclear whether some of the profit will benefit the defense but Denmark has no Son of Sam law
Son of Sam law
A Son of Sam Law is any American law designed to keep criminals from profiting from the publicity of their crimes, often by selling their stories to publishers. However, this is not in the same manner of asset forfeiture, which is intended to seize assets acquired directly as a result of criminal...
as it is considered fair in the Danish culture to get a balanced view of criminal cases
Agencies providing counseling to possible future exchange students now use this case as example of the possible dangers student could risk facing unless they have an exit-plan ready so they can escape home fast if they learn or just witness criminal activity while living abroad. It is expected that the case will have a lasting effect of lowering the number of young Danes who choose to study or work abroad.
External links
- Camilla broe foundation
- Save the justice - say NO to the danish terrorbills - Save Camilla Broe, Facebook group
- The Indictment Felony indictment, Grand Jury, US District Court District of South Florida