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Preventive wiretapping is high on the police’s wish list. Archive image.
1 of 2 Photo: Thomas Winje Øijord/Scanpix Norge/TT
Preventive covert surveillance and wiretapping will prevent deadly gang violence, according to the government and police.
But mostly it is believed to be used in drug cases – and now it is being questioned how effective the new means of coercion will be.
The first weeks of the year have been characterized by a rarely seen wave of violence linked to serious gang crime. At the same time, several of the government’s heavy-handed measures against the gangs, such as visitation zones, double punishment and anonymous witnesses, are delayed.
Something that is closer in time are so-called preventive coercive measures. This means that the police can secretly intercept or monitor people without concrete criminal suspicion. It has been identified as important by the government and is also high on the police’s wish list.
This summer, the bill will be submitted to the Riksdag according to plan, and the law will be in place next year.
But several advisory bodies discourage the proposal – and also question how effective the tool will be.
Special cases
The Stockholm District Court states in its referral response that the use of covert means of coercion has increased in recent years, but that there is no clear evidence that this has resulted in more serious crimes being prevented or prevented.
– We believe that it is not possible to see any clear support in the report that expanded preventive coercive measures would have such an effect, says Lawman Gudrun Antemar.
Today, preventive coercive measures may only be used in a few very special cases to prevent crimes against national security, such as sabotage, espionage and terrorist crimes. The government wants to expand this to also apply to crimes that are typical in gang environments, such as murder, kidnapping, explosions and serious weapons and drug crimes.
Avoids chatting
The Stockholm district court questions the need to extend the provision in that way.
– In principle, all the acts to which the proposal applies are already criminalized at an early stage, that is, before an act is completed, through preparation or labeling it a crime. This means that secret eavesdropping can already be used in these cases, says Gudrun Antemar.
The Crime Prevention Council (Brå) points out in its consultation response that it has probably become more difficult in general to obtain information through covert means of coercion after Encrochat. Security awareness among the gangs may have increased with the result that chatting is no longer as open.
– We are not as convinced as the investigation that preventive coercive measures will be effective, says Lars Korsell, research advisor at Brå.
Brå is also, like several other referral bodies, critical of drug cases being included in the criminal catalogue. The police have estimated that drug crimes will make up 70 percent of the cases, while murder, kidnapping and public destruction are believed to make up 25 percent.
– They will use a very privacy-sensitive secret means of coercion to fight drug crimes, when the aim was to get rid of shootings and explosions, says Korsell.
Brå nevertheless says yes to preventive coercive measures as a temporary measure, against the background of the critical situation in which Sweden finds itself. It is also believed that more violent crimes than murder should be covered, such as murder and serious assault.
Already short of resources
According to the police, preventive covert means of coercion may be used in approximately 100 cases per year.
Already today, however, the police are forced to prioritize heavily because the resource that handles covert means of coercion is limited. The consequence is that the tool is not used to the extent it would have been possible, points out Svea Court of Appeal in its referral response. According to the investigation, police and prosecutors will have to prioritize further if the proposal is implemented.
– This suggests that a lack of resources is the real problem, says Court of Appeal President Anders Perklev.
Even if the police streamlines and redistributes resources, about a hundred new positions will be required if preventive eavesdropping becomes a reality, according to the police’s estimate. That’s 30 more covert enforcement operators, about 50 more detectives and 20 more intelligence officers or analysts.
The police: October at the latest
The police and the Public Prosecutor’s Office welcome the possibility of wiretapping without concrete criminal suspicion. The investigation suggests that the changes to the law should enter into force on January 1, 2024 – but the police want it to happen as soon as possible.
“In any case no later than October 1, 2023,” the police write in their referral response, which is signed by National Police Chief Anders Thornberg.
Facts
Preventive coercive measures
The proposal for preventive coercive measures was submitted to Minister of Justice Gunnar Strömmer (M) in October.
The method must be used when it comes to crimes such as murder, kidnapping, explosions and serious weapons and drug crimes.
There must be a tangible risk that the crimes will be committed and there must be a clear connection to criminal networks.
Permission to use covert means of coercion for preventive purposes must be decided in court.
The changes to the law are proposed to enter into force on 1 January 2024.
Source: Government
Read moreFacts
Secret means of coercion
Covert means of coercion include:
• Wiretapping (secret interception of electronic communications)
Means that messages transmitted in an electronic communication network are intercepted. For example, telephone, e-mail, transfer of data files.
• Covert surveillance of electronic communications
Means that you retrieve information about who has spoken on the phone and when the calls have taken place, but not what was said.
• Secret data reading
Means that law enforcement agencies secretly install software or hardware in a computer, mobile phone or tablet to, for example, read messages and intercept calls in encrypted apps.
• Camera surveillance
Means that, for example, remote-controlled television cameras are used to monitor people. May include place where the suspect can be assumed to be staying or place where a crime has been committed.
• Room monitoring
Bugging. Eavesdropping using hidden technical equipment. May include speaking in a private room, conversations between others or meetings/negotiations in closed rooms.
(Room eavesdropping is not yet included in the proposal for expanded possibilities for preventive measures of coercion.)
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