Former Court of Appeal president Fredrik Wersäll has, on behalf of the government, investigated how anonymous witnesses can be introduced in Sweden. Today he held a press conference together with Minister of Justice Gunnar Strömmer (M).
In the system that Wersäll proposes, a witness must be able to remain anonymous if the risk of being exposed to serious crime is “apparent”.
“Significant guarantees of legal certainty”
The prerequisites have their basis in the European Court of Justice.
– The court has said that it can be allowed, but there must be a significant reason to be able to use it and there must be significant guarantees of legal certainty, says Fredrik Wersäll.
– The fact that the witness is heard anonymously will influence the court’s evaluation of the evidence.
In order for anonymous witnesses to be used, there must be a “tangible and concrete” risk that the witness will otherwise be exposed to some form of crime. Among other things, due to ongoing threats or other circumstances.
It shall also apply to crimes with a minimum sentence of two years.
– It can also be a crime where the court considers that the penalty value, regardless of the penalty scale, exceeds two years, says Fredrik Wersäll.
Limited number of cases
Gunnar Strömmer countered the argument that anonymous witnesses are used to a very small extent in our neighboring countries where it is permitted.
– Our social development is very different from the Finnish and Norwegian. The spread of serious organized crime, the spread of the most brutal crimes, the shootings and bombings. They are on a completely different scale in our society.
– This must be applied in a different context to a large extent.
Will enter into force in 2025
Both the prosecutor and the suspect must be able to apply for a witness to be heard anonymously, and this must apply both during the preliminary investigation and after charges have been brought, according to the investigator.
The court will not be told who the anonymous witness is. Neither the accused nor the defense shall have access to the identity of the witness when the prosecutor applies.
In order to protect the identity of the witness, various protective measures must be taken during the interrogation, according to the investigation. The court should not be able to ask for the witness’s name and the witness should be allowed to refuse to give a statement about information that could reveal the identity.
The changes to the law are proposed to enter into force on 1 April 2025.
Anonymous witnesses were also investigated by the previous S-led government. The investigator then judged that the disadvantages outweighed the advantages.
The current investigation was one of the first that the government, after agreement with SD, set up last autumn.