Case Explained: Sweden’s right-wing government strengthens repressive state powers in the name of fighting crime  - Legal Perspective

Case Explained:This article breaks down the legal background, charges, and implications of Case Explained: Sweden’s right-wing government strengthens repressive state powers in the name of fighting crime – Legal Perspective

Sweden’s ruling right-wing coalition government is advancing a series of laws and proposals that collectively mark a historic assault on the country’s long-standing protections for democratic rights.

Swedusg police on armed patrol in Malmo, Sweden, Tuesday, May 7, 2024. [AP Photo/Martin Meissner]

One of the most significant measures is the proposal to lower the criminal age of responsibility from 15 to 13 years old—making Sweden an outlier not only in Europe but even compared to most US states. The reform would allow 13- and 14-year-old children to be prosecuted and incarcerated for certain serious crimes. The UN and UNICEF recommend 14 as a minimum age for criminal responsibility.

Although the bill has not yet been brought to a final vote in the Riksdag (Swedish parliament), it is widely expected to pass. The coalition relies on the Sweden Democrats—a far-right party with origins in the neo-Nazi milieu of the 1980s—whose support would guarantee a parliamentary majority for the measure. If adopted, the new age threshold is planned to come into force in the summer of next year.

In addition to this measure, several other proposals are currently moving through the legislative process—circulated for consultation and now advancing toward a parliamentary vote—each representing a significant expansion of state power. These include:

  • The ability to expel non-citizens without a criminal conviction, permitting the police and Migration Agency to recommend deportation if an individual is deemed to have links to “organised crime.”
  • The creation of new high-security juvenile prison units for children aged 13 to 17, designed to accommodate the lowered age of criminal responsibility.
  • The introduction of so-called “visitation zones,” comparable to US-style stop-and-search areas, which would allow police to establish zones in which searches may be conducted without individualised suspicion.
  • The use of anonymous witnesses in gang cases, a measure that sharply reduces a defendant’s ability to confront or scrutinise their accusers.
  • A major expansion of police access to encrypted digital communications, including broader wiretapping powers and potential real-time access to encrypted messaging. This initiative began under the previous Social Democratic government but is being taken further by the current coalition.

The major expansion of state repression in Sweden is unfolding against the backdrop of a lurch to the right across Europe. The ruling class of every political stripe is reshaping society around three interconnected priorities: (1) escalating the continent’s direct confrontation with Russia; (2) imposing sweeping austerity measures to finance rapid military rearmament amid deepening economic pressures; and (3) advancing its increasingly hardline, anti-immigrant “Fortress Europe” regime through the systematic promotion of the far right and the erection of authoritarian state structures.