The Swedish Parliamentary Ombudsmen (JO)

Latest decision summaries

• Date of Decision:4/29/2022 Decision Case Number:3513-2021

  The Parliamentary Ombudsman directs criticism towards the Prison and Probation Service, Kumla prison, as an employee, that drew up a report on misconduct, also acted as a witness and interpreter in the case

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  Summary

  The decision concerns prerequisites to uphold a legally secure process, in a case concerning an issued warning, pursuant to the Prison Act.
  
  A prison guard who had drawn up a report of suspected misconduct participated in the interrogation with the inmate as a record keeper and witness and also as an interpreter. The Parliamentary Ombudsman is of the opinion that the prison guard should not have participated in the interrogation and that her participation could affect the inmate’s confidence in the process and the authority. In addition, it was inappropriate for the prison to choose the prison guard as an interpreter. The Parliamentary Ombudsman directs criticism towards the prison for not having observed the principle of objectivity and for not having hired an outside interpreter for the interrogation. The prison is also criticized due to deficiencies in the case documentation.
  
  The inmate was issued a warning that he, among other things. expressed himself in a way that could be perceived as threatening. The decision refers to the misconduct as “violence or threats against an official”. The Parliamentary Ombudsman notes that there may be a need for simple pre-selected phrases in a systematic report but points out that the designation corresponds to certain crimes pursuant to the Penal Code. The fact that the Prison and Probation Service uses the same nomenclature may give the impression that it has been clarified that an inmate has committed a crime, despite the fact that the case can only be processed through a criminal case. The inmate’s complaint also suggests that he interpreted the decision as a warning also due to violence. The Parliamentary Ombudsman states that the designation give rise to concerns and that there may be reason to separate the occurrence of violence from threats, against prison staff.

• Date of Decision:4/28/2022 Decision Case Number:5984-2021

  Complaint against Region Uppsala for vaccinating minors against Covid-19 without the consent of a custodian

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  Summary

  Region Uppsala did not require a custodian’s consent when vaccinating minors, age 15-17, against Covid-19. The region instead assessed the minor’s maturity.
  
  In cases of healthcare for children a custodian’s consent is required as a general rule, if it is not clear that the child has reached such maturity that he or she can take a position on the care measure in question. The assessment of the maturity required is dependent on what kind of healthcare that is given and the urgency of the care. In regards to vaccination of minors, between the age of 15-17, against Covid-19, the Chief Parliamentary Ombudsman does not make any statements concerning Region Uppsala’s choice not to require a custodian’s consent and instead assess a minor’s maturity in each individual case.
  
  Moreover, the Chief Parliamentary Ombudsman makes no further statements regarding how the region scheduled appointments for the vaccination.

• Date of Decision:4/28/2022 Decision Case Number:665-2020

  An individual was arrested due to an incorrect identification

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  Summary

  A woman reported a crime to the police. The woman used a photo from Facebook and stated that the individual in the photo had committed the crime. Following an oral presentation by the police, a prosecutor based the arrest of the individual on the woman’s identification, the individual was arrested due to probable cause on suspicion of the crime. The information on how the identification occurred was scarce. It later turned out that the identification was incorrect.
  
  An identification and other forms of statements can be difficult to assess in terms of evidence. When a suspect is identified, there must be a reliable control of the facts. The Parliamentary Ombudsman is very doubtful of the fact that there was sufficient evidence to assess that the identified individual was the real suspect of the crime in question.
  
  The Parliamentary Ombudsman holds that there were causes for the prosecutor to supplement the investigation, e.g. by examining how the identification had been submitted in order to validate its reliability. Furthermore, the police could have taken further investigative measures.
  
  Whether there are sufficient grounds for an arrest is ultimately a question of assessing facts, which allows room for different conclusions. In an overall assessment, the Parliamentary Ombudsman does not consider that there is reason to criticize the prosecutor for taking a decision to arrest the individual in question.
  
  The Parliamentary Ombudsman also makes statements due to the fact that an interrogation was held with the arrested individual without a defence counsellor present.

• Date of Decision:4/21/2022 Decision Case Number:1370-2020

  An individual was detained without legal support

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  Summary

  The Migration Agency decided to detain an individual to enforce an expulsion decision by the agency. The following day, the Police Authority decided that the individual in question should be detained for the execution of an expulsion order due to a crime. The police’s decision was appealed and the Migration Court of Appeal decided that the detainee should be removed from detention as the police’s decision had not been made within the statutory deadline of two months from the most recent decision on detention, and moreover due to the fact that the Migration Agency’s decision had been made by the wrong authority and therefore lacked legal support.
  
  The Parliamentary Ombudsman notes that there were uncertainties surrounding which of the both authorities that were authorized to process the case on detention. The Parliamentary Ombudsman states that cases concerning the deprivation of liberty places high demands on authorities to have well-functioning routines for how case officers should act in various situations that may arise.
  
  The Parliamentary Ombudsman is of the opinion that the two authorities should have made a proper analysis of which authority that were authorized to go forward with the processing. If the officials involved realized that there was uncertainty as to which authority was competent to decide on the matter, the case should have been processed by authorized officials at a higher level within each authority. The Parliamentary Ombudsman directs criticism towards the Police Authority and the Migration Agency for failing to ensure that the detention was managed in a legally secure manner.
  
  The Migration Court of Appeal is criticized for not ensuring that the decision was received and brought to attention at the institution where the detainee was placed.

• Date of Decision:4/20/2022 Decision Case Number:4391-2021

  The Parliamentary Ombudsman directs severe criticism towards the Swedish National Archives for neglecting to act pursuant relevant decisions on the disclosure of public documents

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  Summary

  A company requested access to certain documents from the National Archives. The authority rejected the request with reference to the fact that the documents were covered by secrecy pursuant to section 21, chapter 7 of the Public Access to Information and Secrecy Act. When the company appealed the decision, the Administrative Court of Appeal referred the case back to the National Archives and stated, in their justification, that the authority had no reason to reject the request with reference to the stated provision.
  
  The National Archives then, once more, decided to reject the request pursuant to chapter 7 of the Public Access to Information and Secrecy Act. The Administrative Court of Appeal again referred the case back to the National Archives for further processing. Thereafter the National Archives did not register any proceedings in the case for seven months.
  
  The Parliamentary Ombudsman states that it follows from the rules of procedure that an authority must follow the decisions of the higher court and apply the court’s directions, an exemption can only be accepted if special reasons apply. Furthermore, the Parliamentary Ombudsman states that it is severe that an authority goes against a decision of a higher court and that it is contrary to basic requirements on how representatives of the public sector should act.
  
  The Parliamentary Ombudsman states that the National Archives’ proceedings, that followed upon the Administrative Court of Appeal’s first decision, can almost be described as defiance of the court and that the National Archives recives severe criticism due to this fact.

• Date of Decision:4/20/2022 Decision Case Number:338-2021

  The Parliamentary Ombudsman directs criticism towards Arbetsförmedlingen due to taking a decision on a temporary halt on sanctions and notifications, without legal support

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  Summary

  In light of the increased spread of Covid-19, Arbetsförmedlingen [the Public Employment Service], took two decisions, on March 17, 2020, regarding a temporary halt on sanctions on individuals that did not hand in their activity report as well as a temporary halt on sanctions and notifications. The purpose of the decisions was partly to prevent the spread of Covid-19, and partly to release human resources from certain duties, to ensure socially important functions.
  
  The Parliamentary Ombudsman states that Arbetsförmedlingen, like many other authorities, was facing a difficult situation in March of 2020 and that it was difficult, during this time period, to assess the consequences of Covid-19. However, the fact that an authority is in a difficult situation does not mean that the authority is free to override, without legal support, the obligations that the authority shall abide by.
  
  The Parliamentary Ombudsman further states that Arbetsförmedlingen’s decisions on March 17, 2020 goes against the authority’s obligation pursuant to chapter 6, section 2 to 4 of the Ordinance on Renumeration to Participants in Labour Market Policy Initiatives and section 16 of the Ordinance on Labour Market Policy Operations. The decisions conveyed, that while the decisions were in motion, the authority failed to fulfil certain obligations that the government has instructed the authority to perform. There is no legal support for the decisions that were taken, and the authority has thereby acted in violation of the principle of legality as stipulated in chapter 1, section 1, third paragraph of the Instrument of Government and section 5, first paragraph of the Administrative Procedure Act. Due to this failure Arbetsförmedlingen receives criticism.
  
  The authority also receives criticism due to their processing of a requested re-examination.

• Date of Decision:4/8/2022 Decision Case Number:2632-2021

  The Parliamentary Ombudsman directs criticism towards the Prison and Probation Service, Bomhus remand prison, due to conducting a body search on inmates when they were monitored by a camera

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  Summary

  In an anonymous complaint to the Parliamentary Ombudsmen, it was alleged that several inmates, at Bomhus remand prison, had been searched naked in front of a camera in a gymnasium. Due to the complaint the Parliamentary Ombudsman decided to investigate the case within the framework of an enquiry.
  
  The investigation proves that a body search had been conducted at the alleged time, of a number of inmates, due to a suspicion of narcotics at a certain floor, and that the remand prison did not consider whether there was reason to monitor the coercive measures. Consequently, the camera had not been turned off. The Parliamentary Ombudsman states that she does not question the prison’s assessment of the body search but emphasizes that the actual need for a body search, when it is monitored by a camera, must be considered in each individual case. In this context, she holds, that according to the Parliamentary Ombudsman’s understanding, there must be strong evidence to justify such supervision when an inmate is forced to undress naked due to undergo the coercive measures. As the camera surveillance, at the present time, cannot be considered to have been acceptable due to the breach of the individual’s right to privacy the remand prison receives criticism.
  
  Moreover, the Parliamentary Ombudsman emphasizes that the so-called principle of consideration and the protection of the inmate’s privacy requires that the coercive measures taken against them are carried out respectfully according to the circumstances of each individual case. In the opinion of the Parliamentary Ombudsman, the starting point should be that such measures are carried out in a room where camera surveillance does not normally occur. If there is a camera in the room, it is important to ensure that inmates know when they are not being monitored by the camera.

• Date of Decision:4/8/2022 Decision Case Number:6003-2021

  The Parliamentary Ombudsman directs criticism towards the eHealth Agency for not fulfilling its duties when issuing so-called vaccine certificates

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  Summary

  In June of 2021 the European Parliament and the Council adopted a provision regarding a framework for, among other things, the issuing of certificates regarding vaccination of Covid-19. The provision stipulates that member states, upon a request by an individual that require a vaccine certificate, will issue a certificate. In Sweden the eHealth Agency is responsible for the certificates.
  
  Initially, the eHealth Agency prioritized a digital solution for issuing vaccination certificates, which presupposed that the individual held an e-ID and a Swedish social security number. There was also a possibility for individuals, without e-ID, to request a certificate through a certain manual process. However, the processing required that the individual, during an initial time period, needed a social security number and a population registration address in Sweden.
  
  The Parliamentary Ombudsmen has previously emphasized that far from all individuals are accustomed to, or have confidence in, digital tools and services. Moreover, there are individuals that do not have the opportunity to use an e-ID. Authorities must be available to, and offer appropriate means of communication for, these individuals as well. This must be considered in particular for services that are of great importance to an individual.
  
  The Chief Parliamentary Ombudsman states that the EU regulation entails an obligation for Sweden to issue vaccination certificates to individuals who have been vaccinated in Sweden. This obligation also covers individuals without a social security number or who do not have a population registration address. The eHealth Agency’s routine thus meant that a certain category of individuals was exempted from the possibility of requesting a certificate.
  
  The Chief Parliamentary Ombudsman understands that the new processing has entailed certain difficulties and challenges for the eHealth Agency. However, the fact that some individuals, despite having met formal requirements, have not been able to obtain a vaccination certificate, is not acceptable, especially as vaccination certificates are intended to increase opportunities for free movement during the pandemic. The Chief Parliamentary Ombudsman is critical of the fact that the eHealth Agency has not fulfilled its obligations in this area.