April 24, 1998

Journalnummer: 35.M.1997-10

Kontor: StF.1

TO:

Berit and Christian Lovschall

Bolbroholtvej 13

7130 Juelsminde

Denmark

Dear Berit and Christian Lovschall:

Continuing my letter from April 3, 1998, I shall attempt to answer the

questions you have asked in your letter from March 18, 1998.

First of all, I would like to point out that the fundamental purpose of

the Danish Ministry of Foreign Affairs is to look after Danish interests

in foreign countries. In a concrete matter such as this, in which we are

talking about the most serious offense against a Danish citizen one can

imagine - murder, caused by another country's authorities - it is

furthermore the Danish Ministry of Foreign Affairs' purpose to give

assistance to the surviving relatives, in the best possible way.

The Danish Ministry of Foreign Affairs takes this matter very seriously

and is committed to doing all that can be done to completely examine it,

and to require the Cuban authorities to face the necessary consequences.

In taking care of this matter, both the Danish Ambassador in Mexico and

the Danish Consul in Cuba, together with the Danish Ministry of Foreign

Affairs worked through the whole matter, trying to clarify the

circumstances surrounding Joachim Lovschall's death. Throughout, you

have been informed of developments, both verbally and in writing.

During the early part of summer 1997, so much clarity over the course of

events was brought forth, that preparations of a very severe note to the

Cuban authorities were initiated. The content of the note was - as a

follow up to the meeting that was held with you here in the Minister's

office on May 13, 1997 - shared with your lawyer, Bent Nielsen, in a

letter dated June 24, 1997. In our letter, it was requested that his and

your comments about the content be received before sending the note. At

the end of July 1997, the Danish Ministry of Foreign Affairs received

from Bent Nielsen comments regarding the content of the note. The Danish

note was then presented August 1, 1997 to the Cuban charge' d'affaires

in Copenhagen. Bent Nielsen was informed of this by telephone the same

day.

On January 6, 1998 the Danish Ministry of Foreign Affairs received from

Cuba a note, dated December 8, 1997, replying to the Danish note. This

was immediately translated into Danish by an authorized translator.

The Danish Ministry of Foreign Affairs - as already stated in my letters

to you from January 29, 1998 and March 5, 1998 - does not find Cuba's

reply satisfactory. Even though it cannot be expected that the Cuban

authorities will change or elaborate on the already given account, it is

our intention to send a new note to Cuba. The Danish Ministry of Foreign

Affairs shall include in the renewed inquiry, the questions you have

asked in your letter from March 18, 1998, below.

On the concrete questions you raise in your letter, I have the following

comments:

With reference to the basic rules for diplomatic contact between

nations, diplomatic exchanging of notes, as well as the notes

themselves, are regarded as confidential. These cannot be handed out,

not even to relatives. The Danish Ministry of Foreign Affairs believes

that your interests are being looked after, by continuing to try to

communicate with Cuban authorities and to get answers to your questions,

all the while abiding by the diplomatic rules.

Concerning the Cuban note, this can be explained in that delivering the

note to you in a Danish translation was done simply with the idea that

words in one's own language are more comprehensible than words in a

foreign language, in this case Spanish.

It was first ascertained, when the Cuban note was received, that the

Cuban authorities had apparently not begun a disciplinary - or lawful -

investigation of the case. This question will be included in the new

Danish note, along with criticism of the inappropriate handling of the

weapon, which took place.

As it appears from the Cuban note, the questions which were asked in the

Danish note about shooting directly toward the body were not answered

specifically. On the other hand, "a presumed act of aggression" is

referred to, along with "regrettable incident," and "valid laws and

regulations." Furthermore, it is cited that Cuba "has instituted

measures to improve the Cuban Ministry's security system, as well as

remove the factors which gave rise to the incident". These questions

will go in the new note. We will also make them aware that the markings

around the military area - which consist of portable barriers with the

words "NO PASE" (no entrance) - are inadequate and that the area ought

to be fenced in.

Apart from the suggestion not to publicize the translated Cuban note,

the Danish Ministry of Foreign Affairs has in no way asked you to keep

things quiet with regards to the press. It was initially you yourselves

who didn't want to speak with the media, after finding coverage of the

case by the daily newspaper BT. On this subject, in your fax from April

8, 1997 you shared with the Danish Ministry of Foreign Affairs your

desire for no "mentioning to the media about this tragic incident, since

it would infringe upon our private lives." As a result, the Danish

Ministry of Foreign Affairs advised you, among other things, on how you

could avoid or limit the media coverage of Joachim's funeral.

Staff members in the office of the Foreign Service are committed to

professional secrecy. The Danish Ministry of Foreign Affairs has a firm

policy to maintain full discretion over the press and others regarding

private circumstances in matters of the Consul.

In meetings with the EU's group of Consuls September 23 and November 18,

1997, as well as February 18, 1998, Denmark has informed the other EU

countries about the matter. We have hereby given the other countries,

which are members of EU, an opportunity to warn their citizens of the

injustice unsuspecting tourists can encounter. As a result of all this,

other EU countries have adopted a warning in their travel guidelines

regarding Cuba, similar to that which is in the Danish travel guide.

The Danish Ministry of Foreign Affairs agrees that far too much time

passed between Joachim's death and the moment when you were actually

notified. As early as April 6, 1997, when the first contact with the

Danish Ministry of Foreign Affairs' was made by the Cuban Ambassador

from Stockholm, who came to Copenhagen to notify us about Joachim's

death, there was protest from the Danish side regarding the long time

which elapsed before there was an announcement by the Cuban authorities.

This fact will be protested again in the new note.

According to Joachim's two Swedish friends, Joachim had $80-100 with him

on the evening of March 28, 1997. After the murder this had disappeared.

This fact will be addressed in the new note.

The Danish Consul in Havana spoke with Joachim's two Swedish friends on

April 4, 1997, and Ambassador Martin Kofod spoke with them on April 8,

1997 when he traveled to Cuba. On these occasions, the Swedes told them

what they knew about Joachim's movements during the evening before the

murder. The reason that further attempts to contact them have not been

made, is that the Swedes, as the Danish Ministry of Foreign Affairs

understands it, have nothing further to contribute to clarify the

matter. It should also be mentioned, that the Danish Ministry of Foreign

Affairs has no authority to "take statements" from people.

I hope that the above - for the time being - has given you some answers

to the succession of many questions which one naturally must ask

oneself, when one has suffered such a painful loss.

Sincerely, Eva Janson

FROM:

Eva Janson

Danish Ministry of Foreign Affairs

Asiatisk Plads 2

DK-1448 Kobenhavn K

Denmark

Tlf.: +45 33 92 00 00 - Tlgr.adr.: Etrangeres

Telexnr.: 31292 etr dk - Telefaxnr.: +45 31 54 05 33