Etudes et essais sur le droit international humanitaire et sur les principes de la Croix-Rouge : en l'honneur de Jean Pictet = Studies and essays on international humanitarian law and Red Cross principles : in honour of Jean Pictet
Genève : CICR ; La Haye : Nijhoff, 1984
The author summarizes the actions of the office of the Swedish Ombudsman in its investigation of accusations of torture, inhuman, or degrading practices involving the Swedish military. The claims under investigation involved Swedish military officers being subjected to “hooding,” prolonged periods of standing, beatings, and deprivation of both food and water as well as toilet access. While the ombudsman found that these acts may constitute torture, due either to a lack of evidence or the more theoretical problem that these acts occurred during peacetime, the investigation has so far failed to yield results. The Ombudsman’s final report was due after this article was published. The author then describes the avenues available for prosecution under both international and Swedish domestic law. While there may or may not be a remedy available under either the Geneva Conventions or the European Convention on Human Rights and Fundamental Freedoms, these international solutions cannot be pursued until national prosecutions are exhausted. Finally, the author concludes that the actions investigated by the Ombudsman were both criminal acts and that remedies are available under the Swedish Penal Code, which allows prosecution for “crime against international law” or for military abuses of authority. [Summary by students at the University of Toronto, Faculty of Law (IHRP)].