Despite serious criticism, the government and the Sweden Democrats are moving forward with a bill on anonymous witnesses.
The proposal has previously been criticized by the Legal Council, the Judicial Ombudsman and the Courts Agency.
– In the situation Sweden finds itself in, there is a very great need to try new measures that can have an effect against gang-related crime, we note in particular that the law enforcement has requested the possibility, says Minister of Justice Gunnar Strömmer (M).
The government will come forward with a proposal for a system for anonymous witnesses. The proposal has previously been heavily criticized. The Legislative Council said no to the government’s Legal Council referral last spring, when it was considered that the added value of anonymous witnesses was “very limited”.
– Yesterday the government decided on a bill with proposals to introduce a system of anonymous witnesses, says Minister of Justice Gunnar Strömmer (M).
Streams: There is a very great need
The Ombudsman for Justice and the Swedish Courts Administration have also criticized the proposal, which they believe could damage trust in the judiciary.
– I don’t see that there is any basis to say for sure whether the advantages or disadvantages weigh more heavily. But we know that the systems exist in our Nordic neighboring countries and many other comparable states, says Gunnar Strömmer (M) and adds:
– In the situation Sweden finds itself in, there is a very great need to try new measures that can have an effect against gang-related crime, we note in particular that the law enforcement has requested the possibility.
Proposed to enter into force at the turn of the year
The proposal that the government and the Sweden Democrats are advancing with has been adjusted. The goal is for the system to be in place by January next year.
– The proposal that we are handing over to the Riksdag largely agrees with the inquiry’s proposal, but with some changes that have been prompted by comments from the Legislative Council, says Gunnar Strömmer.
According to the proposal, anonymous witnesses must be able to testify in preliminary investigations and in criminal cases in court.
Should only be used in exceptional cases
In cases where anonymous witnesses can be used, the crime must be punishable by at least two years in prison. The system should only be used in exceptional cases and mainly in case of serious gang-related crime.
– Among the crimes that may come into question, we have murder, particularly serious assault, weapons crimes or terrorist crimes, says Martin Melin (L).
There must also be a tangible risk that the witness or his relatives will be exposed to serious crime. The decision to use an anonymous witness must be reviewed by a court and will also be subject to appeal.