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Of: TT
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Photo: Henrik Montgomery / TT
Mia Edwall Insulander, general secretary of the Swedish Bar Association, criticizes the proposal to deport criminals from gangs with impunity. Stock Photography.
The moderates want to expel unconvicted gang criminals. The proposal is criticized by the general secretary of the Swedish Bar Association.
– It really is to expand the possibilities of deportation in a way that is not legally safe, where innocent people are at risk of being deported, says Mia Edwall Insulander.
Anyone currently convicted of a crime punishable by imprisonment can be deported. M wants to go further and also expel criminals from gangs who have not yet been convicted of crimes.
M leader Ulf Kristersson notes that such legislation already exists regarding the risk of terrorism. M thinks that the law should also apply to foreign gang members who pose a threat to the country.
The law of special control of foreigners is reserved for the most serious crimes. There is no criminal law, Edwall Insulander notes.
– There are no guarantees of legal security. It is a secret process, where the accused does not find out the evidence against him. If the application of that law is to be broadened, we will reduce the requirements and principles of the rule of law that we have in Sweden that we must expel.
“Police state”
An obvious question is who should decide who is a gang offender, if not a court.
– A law-abiding democracy means that the police and prosecutors, with the state monopoly on violence behind them, have the burden of proof. The accused person has the right to defend himself. Then you will be tried by a court. So it is not reasonable for the police and prosecutors to decide individually what applies. If I toughen it up, then we’re going against a police state.
M also proposes introducing visiting zones, where the police should be allowed to visit people even if they are not suspected of a crime.
Innocent people can be affected
The proposals have in common that they challenge basic principles of the rule of law of the presumption of innocence, which are based on the fact that you are innocent until proven otherwise, believes Edwall Insulander.
– We are pushing the limits so that innocent people are affected. How much surveillance and inspection can we bear? We must think about the values of the other scale, human rights to live freely.
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