Sweden is failing to handle crime suspects with special needs, such as persons with disabilities, Civil Rights Defenders claims in an alternative report that was sent to the European Commission at the end of November.

'Great failings'

Sweden lacks procedures to identify special vulnerability during criminal proceedings. Authorities do not investigate whether a suspect has impaired ability to communicate or understand written or oral communication during police interrogation, court proceedings or detention.

"This is about creating the right conditions for the individual. If he or she has an intellectual disability, cognitive impairment or dyslexia which affects the ability to access information or understand what is being said, the information must be made available. There are great failings in this area in Sweden today," says Annika Jyrwall Åkerberg, a human rights lawyer with Civil Rights Defenders whose work focuses on closed institutions.

Vulnerable suspects

Another serious failing identified by Civil Rights Defenders is the lack of access to care and medication for the inmates.

"If a person is feeling mentally unwell, this will impair his or her ability to represent him- or herself in court. Therefore, access to medication, psychiatric and other health care is necessary in order that the person in question can feel as well as possible and be able to participate in the criminal proceedings," says Jyrwall Åkerberg.

The European Commission has offered recommendations for how EU member states should handle crime suspects from particularly vulnerable groups in order to protect their human rights during criminal proceedings.

Recommendations

In its report — which also reviews the way Sweden handles children and the elderly in criminal proceedings — Civil Rights Defenders has offered recommendations to the Swedish government on how to deal with the identified problems and violations.

Civil Rights Defenders urges the government to:

• Secure ongoing access to care and medication for all inmates;
• Draw up guidelines so that all suspects or accused are informed about their rights in a way that they can understand;
• Increase legal counselors' awareness for how disabilities may affect a person's ability to participate in criminal proceedings.

Civil Rights Defenders will meet with representatives from the Department of Justice to discuss the problem areas that have been identified, as well as concrete proposals for solutions.