MejlaOisin Cantwell+ FÖLJDomstolen who asked for äktenskapstvång moves in the maze terrängKOLUMNISTER
A judgment on äktenskapstvång has stirred up the sweeping emotions of the week.
Let me make an attempt to sort out the tangle.
Court of appeal for western Sweden announced on Tuesday that the parents of a 13-year-old girl will be sentenced for preparation to äktenskapstvång. At the same time, acquitted the man who she according to the prosecutor been married with.
Judgment led not surprisingly to unhealthy high blood pressure in some circles and to the reactions that can be read on the richter scale.
de sites which is a euphemism too often called alternative media claimed that the man be freed in order that he “didn’t have time to rape her,” and in this context reliable moderate mp Hanif Bali has on twitter raged over “a bunch of batikdomare” which had a “cleverly kontrakträttsligt shariaseminarium at the expense of the Bahis right”.
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of course, It is deeply troubling if the court has made to it in this way, however, before legal in-depth studies made needed a review.
On christmas eve 2015 beat girl alarm to the police that she was held trapped and controlled and her dad entered into an agreement that she is to marry a nine-year-old man, which she had not the slightest desire to do.
This contract was the prosecutor of the Pia Hammar strongest card when she accused the parents and the potential spouse for äktenskapstvång.
criminal situation, however, was not clear, why the prosecutor in the other hand claimed that the trio could be sentenced for attempt or preparation to äktenskapstvång.
final Hearing in the court of appeal came and went, and after having listened to what the involved parties and experts had to say sat the judges down to answer the question of blame.
the Paragraph that the prosecutor invokes stipulates that by utilizing the exposed situations force a person to enter into a marriage-like relationship are committing a crime. A provision that came into being in order to protect the children as well as adults against being forced to various religious or traditional marriage.
the Court starts its reasoning by noting that the girl was in a vulnerable situation. She had only stayed in Sweden a few months, had few relationships outside of the family and found itself in a manifest dependency to the parents. She is pressured to enter into a relationship against their will, there is no doubt.
As far is the law’s requirement is satisfied. But it was a marriage-like relationship that was entered into?
Yes, said the girl and the prosecutor. No, claimed the accused trio. The case of an engagement.
to determine whether the relationship is marriage-like or not in a legal sense, the right inter alia to the Swedish law’s preparatory works.
Where it says that the judges must consider what relationship means in accordance with the rules applicable within the group within which the connection has been concluded.
(A not insignificant part of the criticism against the judgment has expired, that the court has taken into account the fundamental family law principles for the muslim syrians. In Sweden, Swedish law, type. Something tells me that these critics have not studied the pages 142 and 143 of the bill 2013/14:208.)
the Judges have not, of course, an eye on the syrian äktenskapsregler. Therefore, they have both listened to a professor of social anthropology, partly gone to written information in a country guide on Syria published by the Norwegian MINISTRY for foreign affairs.
These lessons have revealed that three criteria must be uppfylldas to the parties shall be deemed to have entered into marriage. A äktenskapskontrakt as well as a wedding party and after the sexual intercourse.
Then either the wedding party or intercourse occurred, it is not an actual traditional marriage, the view of the court.
the Evidence was enough to trap the parents in preparing for äktenskapstvång. But the proposed husband went completely free. It was not considered to be proven that he knew that the girl did not want to marry.
the Court of appeal could have landed right . It may have landed wrong. This is complicated legal terrain and there are no previous convictions to lean against. The attorney-general should try to bring up the case to the Supreme court. The guidance needed.
For me, it is not glaringly obvious that the judges had been away on a självsvådlig outing, got the feeling, and imagine that their mission is to interpret the sharia law.
I perceive it rather as efforts have been made to follow the law that the politicians have created.
OISIN CANTWELLARTIKELN IS OMRiksåklagaren+ FÖLJNämndemän+ FÖLJHanif Bali+ FÖLJLÄS OCKSÅ3 december NYHETERKulturprofilen Jean-Claude Arnault is convicted of a further våldtäkt10 november KRIMPLUS She was his prisoner in a wooden box in seven year30 October NYHETERPLUS So she tried to crush the Swedish Roberts family november 19 NYHETERLjög if livstidsdömd – can be the case for the HD7 november NYHETERPLUS Bali forced to delete the ”soldier”-post
