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SWEDEN
Swedish legislation makes a clear distinction between breaches of the criminal law, and preventive,
restraining measures, designed to counteract attempts at avoiding removal, when the grant
of a residence permit was denied. However, the extent of powers granted for each situation can
be adjusted according to the circumstances.
Detention is subject to review by the authority that has taken the decision to detain. A judicial
Court or Tribunal is only involved if an appeal against the detention decision is lodged. The
county administrative court reviews appeals. Its decisions can be appealed to the Administrative
Appeals Court and exceptionally to the Supreme Administrative Court.
Illegal Entry
Chapter 10, paragraph 2a of the Aliens Act, provides for a sentence of six months (mild cases)
and up to two years imprisonment (grave cases) for any person who has facilitated illegal entry
to foreigners for gainful purposes, unless this remuneration has only covered the facilitator’s
real costs. If the number of persons smuggled is large, or if the operation is considered to have
been committed in “especially ruthless ways”, the sentence can be more severe. Trafficking of
people with the intention of exploitation is considered a serious offence.
On 26 November 2003, the Swedish government proposed to the Riksdag a Bill on smuggling of
human beings and temporary residence permits for injured parties and witnesses. This new amendment
will be included in the Aliens Act and is expected to come into force on 1 October 2004.
The Bill foresees that victims of trafficking will be able to remain in Sweden to participate in
criminal investigations to facilitate police work in crimes linked to trafficking in migrants. Those
granted temporary residence permits have access to all public facilities in the same way as asylum
seekers.
According to the proposal, traffickers may be sentenced to a maximum of two years imprisonment.
Serious cases of gross smuggling may be punished with a minimum of six months, and a
maximum of six years imprisonment. Tougher sentences will also affect persons who engage,
for gainful purposes, in the planning and/or organizing of activities to facilitate illegal entry of
migrants into Sweden. 6
Harbouring failed asylum seekers on a non-remunerative basis is not considered a criminal
offence, though concealing an alien or impeding by any other means the enforcement of the
expulsion order for financial gain may be sentenced to a maximum of one year imprisonment.
Likewise, it is not considered a crime to employ illegal migrants or failed asylum seekers who do
not have permission to work. Indirectly, however, this will be treated as tax evasion and punished,
especially if conducted on a large scale, systematically, or if large sums of money are
involved.
Yet it is very difficult for a person to stay in Sweden without the required “personal identity
number”, and this clearly assists the authorities in tracing those who have entered, remain or
worked without authority.