The Swedish Armed Forces’ search of cadet accommodation at Military Academy Karlberg was lawful

Summary of the decision: While the Swedish Instrument of Government (SFS 1974:152) protects everyone from searches of premises by public institutions, there are legal limits to this protection.

In connection with a major investigation, pursuant to Section 47 of the Swedish Act (SFS 1994:1811) on Disciplinary Responsibility in the Total Defence etc. the Military Police searched a large number of residences used by cadets attending the military academy. The purpose of this measure was to search for drugs in order to, among other things, maintain order and prevent security problems.

It is the assessment of the Chief Parliamentary Ombudsman that the Swedish Armed Forces’ search of premises was legal under the provision in question. The measure can also be considered compatible with the general principles for the use of coercive measures. As such, there are no grounds for criticism.

However, according to the Chief Parliamentary Ombudsman, the formulation of Section 47 of the Act on Disciplinary Responsibility in the Total Defence etc. may not meet the requirements for clarity and predictability that must be placed on a provision permitting coercive measures. The Chief Parliamentary Ombudsman is therefore of the opinion that the provision should be reviewed.