There will be lawyers on site at Folk mot fossilgas to provide legal information and answer any legal questions. There will also be lawyers on the street who will be moving about on Saturday to answer any questions. Call the solidarity number that will be disseminated before the campaign if you see anybody being taken into custody by the police or if this should occur to yourself.
You will receive information on how to reach the lawyers and street lawyers:
- During our legal information workshops on Friday afternoon
- During Friday’s action plenary, ie 5-7pm (or short version 9-10pm)
- In the info tent where the legal team will be present throughout the entire weekend
There will also be legal information cards with basic information about your rights to take in the info tent and here on the website.
Here you can read a brief compilation of common legal issues that can arise surrounding the laws that apply to demonstrations and police presence.
Do I need to show ID? What if I have ID / do not have ID?
You do not need to state your identity. The police cannot, for example, arrest you and take you to the police station to find out your identity. To be able to do so requires legal support, such as a special reason to assume that a person is wanted for a crime. In such cases, you can be held for an initial 6 hours, which can then be extended by 6 hours if it is of particular importance to identify you.
If the police remove you from the site or take you into custody with the support of PL13 or arrest you for a crime, the police may search you to find out your identity.
If you are not a Swedish citizen:
If you are a citizen of a Schengen country then you must be able to show ID.
Citizens from other countries must be able to show passports.
How long can the police hold me?
To answer this question we go through “Evict, remove, take into custody” and “apprehend, detain, remand”:
Evict, remove, take into custody (if someone interferes with public order or threatens to do so)
The police may, in accordance with section 13 of the Police Act, evict, remove or take into custody anyone who interferes with public order or poses a danger to it.
Evict from the site = the police give orders to leave the site
Remove from the site = the police will remove you from the site. You may be searched to find out who you are or if you have weapons or other dangerous items on you.
Take into custody = The police take you away from the site, to a police station or other site. You have the right to find out why you are being taken into custody. You can be held for a maximum of 6 hours from the arrest, but must be released immediately after any interrogation. The time is not counted from e.g. when you arrive at the police station but rather directly from when the police take you into custody.
You may be searched to find out who you are or if you have weapons or other dangerous items on you.
Extended removal = The police have the opportunity to remove an entire group if a crowd is considered to interfere with public order (PL 13c§). Most often, they do this by putting the group on a bus, driving them away from the location and releasing them at another location further away from where the disturbance has occurred. They must release the group after 2 hours.
Apprehend, detain, remand (if someone is suspected of a crime):
Apprehend, detain and remand only apply if a person is suspected of a crime, unlike eviction, removal and taking into custody.
You can be held for a maximum of 6 hours without being detained, e.g. for questioning. You have the right to know why you have been apprehended, ie what crime you are suspected of and on what grounds. The decision to apprehend a person is made by the police.
You may be detained for a maximum of three days before being released or remanded in custody. The decision to be remanded in custody is made by a court and the decision to detain is made by a prosecutor.
There must be a reason to be remanded in custody, for example that you are considered likely to flee or destroy evidence / make the investigation more difficult. The decision to be remanded in custody is taken by the court and must be reviewed by the court every 14 days. Not having Swedish citizenship or permission to live in Sweden can be interpreted as “flight risk” and give greater risk of being arrested. Remand can then take place regardless of the scale of the offense. The same applies if a suspect refuses to state his or her identity.
You have no obligation to answer questions or talk during interrogations. If you are apprehended on suspicion of a crime, you have the right to demand to know on what grounds you are suspected and for which crime. If you are detained, you have the right to demand a defense attorney who is present at the hearing.
During questioning, the police are not allowed to threaten you and anyone who interrogates you cannot decide on the length of the sentence or promise lower sentences if you make any confessions. Again: You have the right to remain silent. You have no obligation to assist the police in the investigation, the burden of proof lies with the police and the state to prove that you are guilty.
The hearings are recorded in the hearing minutes. If criminal proceedings are brought, then so is the preliminary investigation and thus everything you have said publicly which can be requested by anyone.
What you say in interrogation can affect others than yourself, even if you only talk about yourself, it can help in the investigation of other people through eg. elimination.
Disobedience against law enforcing agencies
Fines or imprisonment not exceeding 6 months
For example, if you do not obey a police order to leave the scene during a demonstration or blockade.
Fines or imprisonment not exceeding 6 months.
To prevent anyone from exercising authority or to commit acts of resistance. For example, this may be to try to avoid being apprehended or taken into custody. It can be considered violent resistance to link arms with one another in a blockade and not let go when the police try to remove activists. Physical violence is not necessary, rather any “use of physical force”
For additional legal questions before or after September 6-8: email firstname.lastname@example.org