In their response, the Swedish authorities express the view that the new system for the investigation of complaints of police misconduct, according to which internal investigation activities are to be moved from the local police authorities to a separate unit within the National Police Board, will ensure the independence and impartiality of the investigative process. All cases of alleged police misconduct are referred to a special national department for police cases, consisting of high-rank prosecutors and subordinated directly to the Prosecutor General, which decides whether to open a preliminary investigation and what investigative measures to take.

In reaction to the CPT’s recommendations aimed at ensuring that the imposition of restrictions on remand prisoners is an exceptional measure rather than the rule, the Swedish authorities indicate that the new Act on Treatment of Persons Arrested or Remanded in Custody, which should enter into force on 1 April 2011, includes the possibility to appeal a decision on specific restrictions to the Court of Appeal, and ultimately to the Supreme Court.

In response to the CPT’s recommendation that the practice of occasionally holding on prison premises persons detained under aliens legislation be stopped, the Swedish authorities state that the Commission of Inquiry on Detention, which was set up to carry out a thorough examination of the legal framework on detention under the Aliens Act, was expected to submit its proposals on 15 June 2010. This Commission is also mandated to address issues related to the provision of health care to detained foreign nationals.
The response of the Swedish Government is available on the Committee’s website: http://www.cpt.coe.int.