The Council of Law’s new criticism – risk of discrimination

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In a new bill, the government expands the powers of the police and customs to tackle cross-border crime, such as the smuggling of weapons and drugs or the export of stolen goods.

Normally, the police may only use coercive measures as part of an ongoing criminal investigation. But the new law gives the right to checks and body searches in border areas even when there is no suspicion of crime. It may be near some airports, railway stations, ports and bridges.

Control of foreigners

The police in areas close to the border must also be allowed to carry out internal immigration checks, i.e. check whether a person has the right to be in the country, even when there is no particular reason for the check.

However, the Legislative Council sees flaws in the proposal. Among other things, it is about the fact that it must be made clearer that the checks must not be carried out without reason. They must be motivated by the fact that tips or information have been received or that observations have been made and the like. Nor must the controls be disproportionate, the Legislative Council writes in its consultation response.

The police must also be able to body search a foreigner who does not hand over a passport or other identity documents, if it can be assumed that the person is carrying the documents.

Want to see adjustments

As the bill now stands, the Legislative Council believes that there are risks both from the point of view of legal certainty and discrimination. But if the government adjusts the writings in the upcoming bill according to the legal council’s views, the lawyers in the council can still stand behind the proposal.

The law is proposed to come into force on 1 August 2023.

Recently, the government received strong criticism from the Legislative Council for the terrorism law that the government put on the table of the Riksdag. Among other things, the Legislative Council considered that the bill is unclear, with difficult boundaries, and that it entails a risk of overly far-reaching criminalization.

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