Anonymous and forced witnesses are in the wrong way – sla.se



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This may seem like a powerful response from the state in the face of escalating crime. In fact, it puts stones on the burden of already exposed and erodes the foundations of the rule of law.

It is easy to understand the frustration of Malmopolis. He faces a highly violent organized crime that works effectively against the judiciary. Missing an established culture of silence threatens the witnesses of silence.

Witnesses are sometimes afraid of rationality. The violent capital found in organized crime, including the gang, is significant. Everyone should have noticed that there were essentially more titles on the shootings than on the convictions. In practice, the state has withdrawn from several regions and allowed the monopoly of violence to be confiscated by criminals. Even outside these areas, it is no wonder that witnesses are wondering what the police's ability is to protect them. This is not due to the citizens but to the state, to the decision makers who let it go without giving priority to one of the most important authorities of the country. The effects of all this are suffering. Forcing people to testify under the threat of punishment means that the state continues to deprive itself of responsibility for the situation and also places the increased burden on the shoulders of citizens.

Anonymous witnesses are also a seemingly attractive solution. But it is associated with major problems. The right to meet one's attorney stems from Roman law and has been a fundamental part of the rule of law for thousands of years.

It is sometimes alleged that when the moderate spokesman Tomas Tobé proposed the introduction of anonymous witnesses in the fall of 2017, this anonymity should only be used in cases of particularly serious crimes. However, the more serious the charges, the greater the legal certainty. Anonymous witnesses would increase the risk of false testimony and further undermine confidence in the impartiality and credibility of the judiciary.

The situation of witnesses must however be improved. One necessary measure is to tighten the sentence for abuse in court cases. It is an increasingly common phenomenon whose consequences are societal and grow proportionately. This must be reflected in the penalty. However, the fact that the Alliance and the S make a choice in this sense justifies the implementation of a change in the near future.

Other measures may include examining the physical condition of the witness during the procedure. Victims and perpetrators of crimes may be admitted by special routes, but witnesses can normally wait outside the room with friends or gang members of the aggressor. This needs to be better resolved.

However, the most important thing is to give the police the means to work effectively across the country. When the public finds that the police can protect us, other people will be willing to testify

Daniel Persson / SNB

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