On the morning of August 29, 2022, activists from the environmental organization Återställ våtmarker stepped out and sat down on the E4 highway near Karolinska University Hospital in Solna. Two of them glued their palms to the ground.
The blockade completely stopped traffic in one direction and created mile-long queues during the morning rush hour on one of Stockholm's most trafficked roads. It stood still for about 20 minutes before two lanes were opened, although traffic could not pass at normal speed.
Ambulance delayed
An ambulance with a patient on the way to the hospital was let through but was delayed by ten minutes due to the traffic congestion. However, the patient's condition is not believed to have worsened due to the delay.
After the action, the activists were prosecuted for disobedience to the authorities, but also for the much more serious crime of sabotage. It was one of the first times the charge was used against demonstrators – and in the district court, the activists were convicted on both counts.
In the court of appeal, they were later acquitted of sabotage, which did not consider the disturbance to be serious enough. The court of appeal's judgment was appealed by the Prosecutor General, but the acquittals are now established in the Supreme Court.
Vital interests
The Supreme Court emphasizes that the law primarily targets attacks or threats against vital societal interests such as defense, food supply, and public order and safety. Serious traffic disruptions could constitute sabotage, but that was not the case in Solna.
"A time-limited roadblock of this kind in connection with a peaceful demonstration is not qualitatively comparable to the attacks and disruptions of vital societal interests that the sabotage offense covers," the Supreme Court writes.
The Supreme Court also points out the importance of the right to demonstrate and freedom of speech – and that the sabotage law must be applied with "restraint, caution, and proportionality" when exercising these rights.
Advocate Linus Gardell, who defended one of the activists, believes the judgment is a victory for democracy.
Before 2022, it was not on the map that it could be sabotage to participate in a peaceful demonstration. Now we are back there. But what has happened during these years, I think, has caused a large number of people not to dare to demonstrate or express themselves and has contributed to the stigmatization of climate demonstrators. We need an investigation into how we ended up here.
Marc Skogelin/TT
Facts: Sabotage in the law
TT
In the Penal Code, it states:
"If someone destroys or damages property that has significant importance for the country's defense, food supply, justice, or administration, or for maintaining public order and safety in the country, or through another action that does not merely involve withholding labor or urging it, seriously disrupts or hinders the use of such property, shall be sentenced for sabotage to imprisonment for up to four years.
The same shall apply if someone otherwise, through vandalism or another action as mentioned, seriously disrupts or hinders public transport or the use of telegraph, telephone, radio, or similar public aid or facility for the public's supply of water, light, heat, or power."
