The Swedish embassy in Iraq has been stormed, many Muslims and countries are upset and even the Pope has criticized the Koran burnings in Sweden.
Why are they not stopped?
Why are Koran burnings allowed in Sweden?
Freedom of expression is strong in Sweden and so far the police have not been able to deny permission. Exactly where the line is, however, has not been tested in court.
When can the police stop a Koran burning?
The police have limited opportunities to say no to a public gathering, which is what it’s really about. When the police make their assessment, they must take into account how the demonstration affects order, safety, infection control and traffic at the site, nothing else. Concrete risks are required precisely at the place where the Koran burning is carried out for the police to be able to say no.
– It has even been interpreted so narrowly that the actions of counter-demonstrators should not be included in the assessment, says Vilhelm Persson, professor of law at Lund University.
Setback for the police
But if it leads to the storming of Swedish embassies and increased terrorist threats?
The police have tried to “broaden” the rules of the Public Order Act several times recently. They have said no to Koran burnings and have referred to Säpo’s assessment that terrorist threats may increase. But the police have suffered setbacks in court every time – a generally increased risk of terror in Sweden should not affect the assessment.
Can the government do something?
Minister of Justice Gunnar Strömmer (M) has said that the government is analyzing the judgments and reviewing whether the order needs to be changed. However, he has not said how or when a change might happen.
However, the government cannot step in and stop a Koran burning. It is the police who give permission and the courts who examine whether the decision is correct.
Are there problems with changing the ordinance?
The basic problem is weighing freedom of expression against other interests. The legislator must know what it is that is to be limited and what problem it wants to address. Is it only the burning of religious scriptures that should be banned or other disrespect for a religion, is it okay to burn a picture of a Koran or to burn a Koran on a theater stage?
Incitement against ethnic group
But can’t Koran burnings be seen as incitement against ethnic groups?
The burning of the Koran in itself is not incitement against a group of people because it is aimed at a religion, not the individual practitioners. But a couple of preliminary investigations are underway to see if people have been guilty of incitement against a group of people in connection with Koran burning. Then it is necessary to prove that inflammatory statements and gestures have been made.
So far, this has not been tried in court.
– We don’t actually know what is or isn’t allowed, says Vilhelm Persson.
– One should not draw the conclusion that just because no one has yet been convicted of inciting an ethnic group, it is free to burn Korans at any time.
Can Koran burnings violate other laws?
Vilhelm Persson would like Koran burnings to be tried against the Act on Outrageous Behavior. While that wouldn’t stop the burning of the Koran, just make sure the action has consequences.
– It could still be a signal to send to the outside world, if people are punished afterwards.