Statute of limitations
(10) The Committee notes with concern that the offence of torture, which as such does not exist in the Swedish
Criminal Code, is punishable under other provisions of the Criminal Code, and is, therefore, subject to the statute of
limitations. While noting information provided by the delegation that a review of the statute of limitations will be
conducted, the Committee is concerned that the statute of limitations applicable to provisions of the Criminal Code
may prevent investigation, prosecution and punishment of these grave crimes, in particular when the punishable act
has been committed abroad. Taking into account the grave nature of acts of torture, the Committee is of the view
that acts of torture cannot be subject to any statute of limitations (arts. 1, 4 and 12).
The State party should review its rules and provisions on the statute of limitations and bring them fully
in line with its obligations under the Convention so that acts of torture, attempts to commit torture,
and acts by any person which constitute complicity or participation in torture, can be investigated,
prosecuted and punished without time limitations.
Fundamental safeguards
(11) The Committee notes with appreciation the new legislation on fundamental safeguards that entered into force
on 1 April 2008 in respect of access to a lawyer and notification of custody. However, it is concerned that a public
defence counsel will only be appointed once the person is considered to be a suspect. The Committee regrets that
Swedish legislation does not include a legal provision on access to a doctor and that a request to see a doctor is
evaluated by, and therefore left to the discretion of, the police officer in charge. It further regrets reports that
notification of custody is not systematically delivered to family members and is frequently delayed with reference to
possible interference with the investigation. The Committee notes that an information leaflet on the fundamental
rights afforded to persons suspected of a crime and therefore detained and deprived of his or her liberty has been
produced by the National Police Board, in cooperation with the Swedish Prosecution Service, and that this leaflet is
currently being translated into the most commonly used languages (arts. 2, 11, 13 and 16).
The State party should take effective measures to ensure that all detainees are afforded fundamental
legal safeguards in practice, including the right to have access to a lawyer and a doctor and the right of
detained persons to inform a close relative or another third party of their choice of their situation. The
Committee emphasizes that persons in custody should benefit from an effective right of access to a
lawyer, as from the very outset of their deprivation of liberty and throughout the investigation phase,
the whole of the trial and during appeals. Furthermore, the State party should finalize the translation
of the information leaflet on fundamental rights as soon as possible and widely disseminate it to all
places where a person may be deprived of his or her liberty.
Detention of asylum-seekers
(12) The Committee notes that positive changes have occurred in the Migration Board’s policy on reception of
undocumented asylum-seekers and pre-deportation detention which have resulted in a decrease in detention rates.
The Committee is, however, concerned that pre-deportation detention is common and it regrets that there is no
absolute limit on the length of time that an asylum-seeker can be detained. The Committee is also concerned at
information that asylum seekers who are a risk to themselves or others are sometimes placed in remand prisons
(arts. 2, 3, 11 and 16).
The State party should take effective measures to ensure that detention of asylum-seekers is used only
in exceptional circumstances or as a measure of last resort, and then only for the shortest possible time.
Furthermore, the State party should consider other placement alternatives for asylum-seekers who are
in need of care that are suitable for their particular condition.
Non-refoulement
(13) The Committee welcomes the inclusion in the Aliens Act of a new ground for issuing a residence permit
whereby an alien will normally be granted such a permit when the Committee, or another international complaints
body, has found the State party to be in breach of its treaty obligations. The Committee also notes the statement by
the delegation that the State party has not participated in any extraordinary renditions and that it has not obtained or
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