Lawyer accuses police of writing the justice minister’s wish list

Supreme Court lawyer Sveinn Andri Sveinsson has condemned proposed changes to Iceland’s criminal procedure laws, saying they would hand police an excessive wish list of powers.

The proposals would extend pretrial detention and allow police to begin investigative measures before receiving a judge’s authorization. Sveinsson said the changes would do nothing to improve the fight against organized crime.

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It is a complete fundamental misunderstanding to think that this helps in the fight against organized crime, to get these kinds of proactive powers and extend pretrial detention. It is simply nonsense.

“It is a complete fundamental misunderstanding to think that this helps in the fight against organized crime, to get these kinds of proactive powers and extend pretrial detention. It is simply nonsense,” he said.

He singled out a proposed power to keep people in custody for up to six months without an indictment, for example when organized criminal activity is suspected. Sveinsson called the measure highly dangerous, arguing that police have already handled their existing powers carelessly. He also warned that the term organized crime could be applied too easily when only two or three people commit an offense together.

Drawing on 35 years as a defense lawyer, Sveinsson said he had repeatedly seen pretrial detention used to pressure people into giving statements. He also cited research showing that prolonged isolation can cause lasting health problems.

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As it has been presented, I do not like this at all. It is clear that the police have had some kind of wish list and seem to be getting it in the form of this bill.

He criticized the proposal to permit investigative action before judicial approval on financial and residential privacy grounds. “It is supposed to throw away people’s right to keep their finances private. It is supposed to throw away people’s right to peace in their homes and to respect for the privacy of the home, because police investigative interests are being placed above these fundamental interests,” he said.

Sveinsson rejected the argument that broader investigative powers are necessary to combat organized crime. If Iceland is behind other countries, he said, the problem lies in an overly disorganized police force. He called for a major reorganization of criminal investigations rather than giving police more time to keep cases open.

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If we are behind some other countries in the fight against organized crime groups, it is simply because the police are too disorganized.