Criticism of the Swedish Police Authority for refusing to allow a defence counsel to visit clients in a custody suite

Summary of the decision: A defence counsel complained to the Parliamentary Ombudsman that, on two occasions in early summer 2024, they were denied access to their clients in a police custody suite in Malmö on the grounds of staff shortages.

The Parliamentary Ombudsman’s investigation has not provided a complete picture of the circumstances on the occasions that prompted the defence counsel’s complaint. However, the Parliamentary Ombudsman finds no reason to question the defence counsel’s information. It has also emerged that the occupancy rate at the custody suite was high and staff were under strain, as well as that there have been occasions on which it has not been possible to arrange meetings between defence counsel and clients. Based on the information in the complaint, the Parliamentary Ombudsman notes that, on the occasions in question, defence counsel was refused access to their clients in the custody suite, which is incompatible with a suspect’s right to meet with their defence counsel. The Parliamentary Ombudsman criticises the Swedish Police Authority accordingly.