“No, Sweden should not have anonymous witnesses”
“Lawyers: It will be impossible to critically examine the evidence”
“This is an opinion piece. It is the writer who stands for the views that are put forward in the text, not Against.”
“the DEBATE. The attorney-general Petra Lundh has recently in an interview said that she is through confidence-building measures to allow more testimony and she does not want to close the door to investigate a possibility of anonymous witnesses.”
“We are very critical of the use of anonymous witnesses.”
“witness evidence is often a crucial part of the evidence in criminal cases. Our experience is that the court finds a witness credible as soon as the witness is not himself becomes entangled in illogical reasoning, or outright contradictions in relation to their own testimony. “
“The only thing that apparently upset the courts view that the witnesses’ stories is that the recorded video tape, in addition to when the witness is motbevisad of the other unassailable evidence, is if there is some kind of personal feud or similar between the defendant and the witness.”
“If, then, the anonymity allowed in the courts, how will the court know if the witness and the accused had a conflict with each other? Is the defendant owed the witness money? Has the defendant sold a small car to the witness? Have the defendant notified the witness of a crime? The defendants mocked the witness’s children in school? Is the witness a close friend with the victim? The defendants to the knowledge of the witness which may be important in the valuation of the witness ‘ claims t.ex. they usually have glasses, hear badly, narkotikau002Falkoholproblem and so on? “
“Questions based on this type of knowledge is prevented completely by the anonymous witnesses. An important tool to check the witnesses ‘ credibility and their data reliability is lost thus, by anonymity. “
“Partsinsynen and the right to confront witnesses provides the opportunity to question the information and assess the credibility of the statements presented before the court. “
“It is, among other things, these principles ensures that the rights of the accused are met. Försvarsadvokatens the opportunity to hear a witness during the trial and to provide a better defense is, in our opinion, the only way for the right to be able to assess the vittnesutsagan, without the requirements of legal certainty undermined.”
“Deviation from the principles would lead to a stronger protection of witnesses, furthermore, it safe to achieve processekonomiska benefits. The defendant’s interest in a fair trial, however, lies in the other pan. Even if one does not always exclude the other weighs the defendant’s interest in heavily on this issue because the principle of public access, kontradiktionsprincipen and partsinsynen constitutes the core of the rule of law.”
“the Anonymous witness is a tempting solution, but the solution is only apparent. It is not in the case of gross crime, anonymous witnesses are supposed to be used in, the rule of law will be most robust? “
“the Question then becomes, if the solution is only likely to undermine the organisation’s credibility. The right of the accused to face his anmälareu002Fanklagare shall not be limited unnecessarily. “
“the Case witnesses, the anonymous, it becomes an impossible task for the defense counsel to examine critically the evidence and challenge the prosecution. It must not be forgotten that the state, with almost infinite resources in relation to the accused, always bears the burden of proof and to deprive the defendant of his rights to prove the crime is not justified. “
“The door that Petra Lundh does not want to close, we believe should be locked. “
“nBjörn Hurtig, advokatnThomas Håkansson, advokatnPayam Hatami, advokatnMartin Bjurenlind, advokatnDiana Shamoun, advokatnAbraham Zeito, advokatnSamuel Hartman, assistant juristnMikael González, deputy juristnMelissa Johansson, secretary
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