NEW LAW ON TERRORISM
In 1973, after an attack against the embassy of the Federal Republic of Germany in Stockholm, Sweden introduced its first anti-terrorist provision.
The law distinguishes itselves from similar provisions in other countries through some noteworthy particularities: It aims exclusively at foreigners. It allows for the expulsion of any foreigner considered as a presumptive terrorist by the police, without legal procedure.
On May 30, 1991, the law was revised, its general clause character extended.
According to the new provision (SFS 1991:572), a foreigner can be expelled if this is "necessary with regard to the security of the kingdom" or if " with regard to what is known about the foreigners previous activities or other circumstances it can be feared that he will commit or participate in criminal activity comprising violence, threat or coercion for political aims" (§ 1).
The procedure is taken up on request of the police or the government itselves.
The decision of expulsion is communicated to the concerned by the government.
A procedure with a court of first instance shall be held only "if the the matter is not particularly urgent" (§ 3).
If this is the case the foreigner concerned shall be heared at the proceedings.
The foreigner and his attorney can however be denied access to the records motivating the police's request of expulsion on the ground of security.
The applicability of the former provision was limited to persons presumed to be members of a particular terrorist organization and feared to commit crimes in Sweden. These restrictions have been abolished in the new law: A foreigner can now be expelled for "presumptive terrorism" in a foreign country and no link whatever must be established with an organization rated as terrorist. Moreover, by introduction of the term "other circumstances", their is no need for showing any personal involvment of the foreigner concerned in suspect "previous activities".
The new Swedish provisions provide a striking example for a tendency that can be observed throughout Europe, to exclude foreigners from fundamental fair trial guarantees as stated in article 6 of the European Convention on Human Rights. It might soon prove to have a contaminating effect:
Already a year ago the former federal prosecutor general of Germany (Bundesanwalt) Kurt Rebmann, unnerved by the endless and costly "terrorism" trial of presumed members of the Kurdish Workers Party PKK, publicly deplored the lack of a provision in Germany permitting for the simple expulsion without trial of presumed terrorists.
Kristina Koppel, Stockholm