INNOCENT ALGERIAN HELD IN SWEDEN UNDER ANTI-TERRORISM LAW
For more than a month, an Algerian national has been held on order of the Swedish Minister of Justice. France is claiming the man's extradition for his alleged involvement in a 25 July bomb attack in Paris that French security believes to be the work of Algerian fundamentalists. Technical evidence shows that the man is innocent, but under a notorious Swedish law on "special control of foreigners", foreigners who are not suspects under criminal law can be detained and expelled on internal security grounds.
On 25 July, seven persons were killed and 80 injured in a bomb attack at a Paris metro station. French authorities were quick to blame the Algerian GIA, an armed Islamic group, for the bloodbath.
A month later, Swedish police arrested a 39 year old Algerian in Stockholm at the request of the French prosecution authorities. According to the French investigators, a witness to the Paris bomb attack had identified the man as one of three "suspect" North Africans he had seen on the site of attack.
However, the man soon presented strong evidence indicating that he was in Stockholm on the day of the Paris bombing. Consequently, the Swedish Chief Prosecutor, Jan Danielsson, found there were no grounds under Swedish criminal law for keeping him in custody and ordered him free. But this was far from the end of the matter. At the request of SÄPO, the Swedish Security Police, the Minister of Justice, Ms Leila Freiwalds, decided that he should remain in custody. The minister stressed that the man was "involved in activities that are not desirable in our country". SÄPO claims they have evidence showing the man's involvement in extremist Islamic activities, but has never spelt out these allegations.
Meanwhile, France has presented a formal request for the Algerian's extradition. It is, however, unlikely that the Swedish Highest Court will approve the request, in view of recent technical evidence showing that the Algerian personally signed a payment form at a Stockholm post office on the very day of the Paris bombing.
Nonetheless, the man still faces the risk of deportation and permanent separation from his Swedish wife and two children.
The "terrorist law": a legal outrage
This legal monstrosity is made possible by special Swedish anti-terrorist legislation, the "Law on special control of foreigners".
The 1991 law provides for the expulsion of foreigners if "this is necessary with regard to the security of the state" or if there are reasons to believe that the foreigner concerned "will commit or participate in a criminal offense involving violence, threat or coercion for political purposes". As distinguished from an earlier version of the law from 1973, the 1991 law applies even to potential future offenses outside Sweden.
Pseudo-trial
Expulsions under this law are ordered by the government acting on its own or upon request of the National Police Board (i.e. in practice, Säpo).
The law provides neither for a trial nor for any legal remedy. The role of the judiciary is limited to a "thorough investigation" of the circumstances, that "could affect the outcome of the [government's] decision" by a court of first instance. The court will then make a non-binding statement of opinion.
Secret proceedings
The parties in this pseudo-trial are the National Police Board and the foreigner concerned. The foreigner shall be "given the opportunity to present his viewpoint".
The court may base its statement of opinion on documents and other evidence to which the foreigner and his lawyer are denied access.
The proceedings are secret. Lawyers are prohibited from informing the public on the proceedings.
Pending a decision by the government, the "accused" may be detained.
Expulsion or "special surveillance"?
The government can refrain from carrying out an ordered deportation, if it is technically impossible or would expose the foreigner concerned to the risk of persecution. In these cases, the government can expel the deportee to another country willing to receive him or order special surveillance measures, including bugging measures, surveillance of private mail, and an obligation for the foreigner concerned to regularly present himself to the police authorities.
The Minister of Justice has already indicated that she does not intend to expel the Algerian to his home country, due to the obvious risk of persecution, but that he might be sent to Sudan which is said to be willing to receive Islamic militants. It is, however, more probable that, given a rejection of the French extradition request by the Highest Court, the Algerian will be allowed to remain in Sweden under "special surveillance", innocent according to the law, but suspect nonetheless.
A racist law, says Jan Guillou
The outrageous treatment of the Algerian by Swedish authorities has drawn little reactions from the public, so far. Obviously it is not fashionable to speak out for individual rights and liberties when Islamic fundamentalists are concerned. One of the few to speak out, is the renowned author and journalist, Jan Guillou. Commenting on the case in the Swedish daily newspaper, Aftonbladet, he suggests that the law on special control of foreigners is no less than a racist law:
"Swedish race legislation, the so-called terrorist law, is currently being tested in an interesting way.
Normally, things are handled in such a way that when there is evidence against a `black' we apply regular Swedish law, law that applies to everybody. When there is no evidence, we apply the terrorist law where there is no longer any need for evidence. In order to formally become a victim of the terrorist law, you must be a foreign citizen. This, of course, is not aimed at Norwegians, Danes, or white Americans. No, this concerns only 'blacks'."
Sources: Neue Zürcher Zeitung, 22.8.95, Svenska Dagbladet, 26.8.95, 11.9.95, 1.10.95; Aftonbladet, 28.8.95; Lag om särskild utlänningskontroll (Law on special control of foreigners), SFS 1991:572. [See also: FECL No.2: "ISRAEL'S SECRET SERVICE MOSSAD PARTICIPATED IN POLICE INTERVIEWS OF ASYLUMSEEKERS"](/artikel/0201/).Guillou is also furious about the fact that the French secret service, DST, sent covert agents to Sweden who secretly took pictures of the suspect. "This is, properly speaking, a criminal act", he notes, "but the DST is a buddy organisation of Säpo and therefore does not have to worry about Swedish laws".