ALGERIAN ALLOWED TO STAY DESPITE EXPULSION ORDER
On 31 October, the Swedish government formally ordered the expulsion of an Algerian, A.D., on the grounds of his alleged involvement in terrorist activities, but decided at the same time that the expulsion measure could not be executed, because the man faces persecution in Algeria. The government's decision came 10 days after the Swedish Supreme Court finally rejected a French request for the extradition of the man.
After 2 months of detention, A.D. was released the very day of the Government's decision and is now free to stay in Sweden until further notice, as long as the Swedish government deems that he would face persecution (including a possible death sentence) in Algeria. A.D., who is married to a Swedish woman and father of two, will however have to register with the police three times a week and may be subjected to additional police surveillance measures under a Swedish anti-terrorism law (see FECL No. 37: "Innocent Algerian held in Sweden under anti-terrorism law"). Moreover, the decision not to carry out the deportation will be considered afresh at least once a year.
The Swedish Minister of Justice, Ms Leila Freivalds justified the expulsion order against A.D. with his "connection" to the Algerian armed Islamic organisation, GIA, but once again failed to specify these accusations which are based on secret reports of the Swedish security police, Säpo.
A.D. has always denied any involvement in terrorist activities. He contends that he did no more than make use of his rights and liberties to spread information on the situation in Algeria. This appears to be confirmed by Justice Minister Freivald's admission that A.D. is not suspected of any crime in Sweden.
French anger about refused extradition
Ten days before the government's decision, the Swedish Supreme Court had finally rejected a French request for extradition of A.D. The extradition request was based on the claim of French investigators that he was identified by a witness to a bomb attack in Paris as one of three Algerians near the site at the time of the explosion. But referring to conclusive evidence that A.D. was actually in Stockholm on the day of the attack, the Swedish High Court found that the French decision to order A.D's arrest in his absence, was "defective".
Considering the decision of the Highest Court, the Government had no other choice than refusing the Algerian's extradition to France.
The French Justice Minister, Jacques Toubon, showed deep disappointment over the Swedish decision and regretted the "lack of solidarity" in combating terrorism. "A number of countries do not take Islamic fundamentalism as seriously as we do. We are striving for genuine human solidarity within the EU, both on the political and judicial level", Mr Toubon said.
Sources: Dagens Nyheter, 1.11.95; Svenska Dagbladet, 1.11.95, 21.10.95.