This study discusses the Swedish police’s use of unconventional reconnaissance and surveillance methods, such as covert human intelligence sources (CHIS), undercover officers (UO) and infiltrators (private citizens). These methods have been used without the explicit and detailed support of the law. The lack of law has provided an environment of legal vacuum, in which the police have taken decisions to initiate operations using unconventional reconnaissance and surveillance methods. In some instances, the police did not take the legal rights of the individual into account and they disregarded law and order. The police therefore endured an onslaught of harsh criticism. The Swedish government responded to the criticism and appointed a Swedish Government Official Enquiry (SGOE).[1] The Police Method Enquiry resulted in a Swedish Government Official Report (SGOR), which was concluded in late December of 2010. The SGOR introduced a bill[2], which is under consideration by the legislator. The bill proposes a number of controversial laws, for example a law which gives the police the right to commit crimes in line of duty.
This report examines the SGOE, the SGOR and the bill. The report also surveys the Swedish police’s past, present and hypothetical future use of unconventional reconnaissance and surveillance methods. Considering both the disregard of the legal rights of the individual and the disregard of fundamentals of law and order the police have shown, one cannot recommend the passing of the bill. A bill of this magnitude is far-reaching, seen in the light of the Swedish Instrument of Government. Therefore, the bill should not be passed, even if the crimes are committed in line of duty and only for the sake of solving and preventing crimes. The above is concluded after thorough examination throughout this report, which draws on Professor J. Flyghed´s criminological theory, The Normalization of The Exceptional.
[1] The Police Method Enquiry - (Polismetodutredningen - Särskilda Spaningsmetoder).
[2] SOU 2010:103.