Criticism of the district court's verdict on Monday is directed, among other things, at Salwan Najem's statement - according to Funcke - being lumped together with Salwan Momika's after their joint Quran burnings.
If you listen to Najem's statements, which are transcribed, it's about religious criticism of Islam, the Quran, and Muhammad. It does not reach the threshold for incitement to racial hatred, says Nils Funcke.
But you lump together both statements and that one should be held responsible for what someone else says is a hair-raising interpretation of the freedom of speech regulations.
According to the freedom of speech expert, some of Salwan Momika's statements may fall within the framework of incitement to racial hatred.
But since Momika was shot to death in Södertälje last week, the charges against him have been dropped.
Kicked and set fire to Qurans
Salwan Najem, on the other hand, can at most be sentenced for disturbing public order or aiding and abetting incitement to racial hatred, claims Funcke.
But aiding and abetting requires that the crime of incitement to racial hatred has been committed, and that has not happened in this case since Salwan Momika has not been convicted of it.
The charges concerned four high-profile Quran burnings in Stockholm in 2023.
Salwan Najem and Salwan Momika have, among other things, trampled and kicked Qurans, wrapped them in pork and set them on fire, and made derogatory statements about Muslims.
Hopes the verdict will be appealed
According to prosecutor Daniel Suneson, the Quran burning should be seen as one of several parts of an action that reaches the level of incitement to racial hatred. A reasoning that Nils Funcke does not buy.
Everything around it can be criminal acts in the form of violations of fire bans or disturbing public order, but not incitement to racial hatred. It requires a form of statement, verbally or on a placard or in some other way, that expresses contempt for a racial group.
My assessment is that Najem stays within the frameworks that we should allow when it comes to religious criticism.
Nils Funcke hopes that the verdict will be appealed to the Court of Appeal.
If this stands, the risk is that we narrow the possibilities of exercising religious criticism.
The sentence for Najem will be a conditional sentence and day fines.
