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CRIME

Relatives “should have a say in sentencing”

One hurdle has been cleared for a proposal to allow victims' relatives to have a role when people serving life sentences are considered for release. The Swedish Council on Legislation, Lagrådet, which determines whether new laws or changes in current law are constitutional, will allow the proposal to go forward.

Up to now, parliament has decided when a convict’s sentence is commuted from life to a shorter time. But that process has been criticized for being out of date. Critics have also questioned whether the parliament is legally entitled to make such a decision.

Justice Minister Thomas Bodström suggested last June that the process be put in the hands of local courts.

Lagråget agreed with Bodström. Representative Lars Wennerström said: “In priniciple we don’t see why this process should not be moved over to the court system.” Further, the board one-upped the Justice Minister with the suggestion that victims and victims’ families be allowed to give input.

“We think we should be getting a full, concrete perspective,” said Wennerström.

In its official statement, Lagrådet wrote: “In order to fully weigh the decisions behind a change in sentencing, we should consider whether those affected by the case shouldn’t be viewed as important players in commuting a life sentence.”

An infamous murder case in California presents a conundrum, however. Annika Östberg is a Swedish citizen who has tried to come back to Sweden to serve her sentence, but the murder victim’s family wants her to stay in a U.S. lockup.

Wennerström doesn’t see that problem stopping the change in Swedish law. “If someone has committed a serious crime and is sentenced to at least eight years in jail, the plaintiff can appeal a lifetime sentence. When the sentence is changed it would be strange…and controversial… if the affected parties weren’t informed at the very least.”

Bodström tells SvD that victims “are entitled to a role in the process, but we won’t have things the way they are in the U.S.,” referring to the Östberg case. Bodström believes that relatives should be entitled to a limited role in the process. “They shouldn’t be able to influence the actual sentencing, but they should have a role,” he says.It is now his job to re-write the proposal to include victims and victims families somehow in the process.

Overall, Bodström says it’s a good step in the judicial process.

Activists for victims of crimes are also pleased. Gudrun Nordborg at The Crime Victim Compensation and Support Authority says: “It’s great to have the opportunity to react. But it must be voluntary – no one should be forced to confront his or her attacker in court.”

The change in the law is due to take effect at the start of 2006.

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CRIME

Top-ranking Syrian military official to face trial in Sweden

The highest-ranking Syrian military official ever to be tried in Europe was set to face court in Sweden on Monday.

Top-ranking Syrian military official to face trial in Sweden

Sixty-five-year-old former Syrian brigadier general Mohammed Hamo, who lives in Sweden, stands accused of “aiding and abetting” war crimes during Syria’s civil war, which can carry a sentence of life in jail.

The war in Syria between Bashar al-Assad’s regime and armed opposition groups, including the Islamic State, erupted after the government repressed peaceful pro-democracy protests in 2011.

It has killed more than half a million people, displaced millions, and ravaged the country’s economy and infrastructure.

According to the charge sheet, Hamo contributed – through “advice and action” – to the Syrian army’s warfare, “which systematically involved indiscriminate attacks on several towns or places in the area in and around the towns of Hama and Homs”.

The charges concern the period of January 1st to July 20th, 2012 and the trial is expected to last until late May.

Prosecutors say that the Syrian army’s “warfare has included widespread air and ground attacks by unknown perpetrators within the Syrian army”.

The prosecution argues that strikes were carried out without distinction – as required by international law – between civilian and military targets.

In his role as a brigadier general and head of an armament division, he allegedly helped with the coordination and supply of arms to units, enabling the carrying out of orders on an “operational level”.

Hamo’s lawyer, Mari Kilman, told AFP that her client denied committing a crime but said she did not wish to comment further ahead of the trial.

Several plaintiffs are due to testify at the trial, including Syrians from the cities in question and a British photographer who was injured during one of the strikes.

‘Complete impunity’

“The attacks in and around Homs and Hama in 2012 resulted in widespread civilian harm and an immense destruction of civilian properties,” Aida Samani, senior legal advisor at rights group Civil Rights Defenders, told AFP.

“The same conduct has been repeated systematically by the Syrian army in other cities across Syria with complete impunity,” she continued.

This trial will be the first in Europe “to address these types of indiscriminate attacks by the Syrian army”, according to Samani, who added that it “will be the first opportunity for victims of the attacks to have their voices heard in an independent court”.

Hamo is the highest-ranking military official to actually go on trial in Europe, but other European countries have also tried to bring charges against even more senior members.

In March, Swiss prosecutors charged Rifaat al-Assad, an uncle of president Bashar al-Assad, with war crimes and crimes against humanity.

However, it remains unlikely Rifaat al-Assad – who recently returned to Syria after 37 years in exile – will show up in person for the trial, for which a date has yet to be set.

Swiss law allows for trials in absentia under certain conditions.

Last November, France issued an international arrest warrant for Bashar al-Assad himself, who stands accused of complicity in crimes against humanity and war crimes over chemical attacks in 2013.

Three other international warrants were also issued for the arrests of Bashar al-Assad’s brother Maher, the de-facto chief of the Fourth Division – an elite military unit of the Syrian army – and two generals.

In January of 2022, a German court sentenced former Syrian colonel Anwar Raslan to life in jail for crimes against humanity in the first global trial over state-sponsored torture in Syria, which was hailed by victims as a victory for justice.

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