The men, known as the general practitioner and the forensic pathologist, were prosecuted and acquitted in 1988 for the murder of 27-year-old Catrine da Costa.
However, the acquittal verdict stated that they had dismembered the woman, which led to their licenses being revoked. Since they were acquitted, they could not appeal the verdict and therefore not the formulation about the dismemberment either.
After SVT's new investigation into the case, "Documentary from the inside: The Swedish dismemberment murder", the question is now being raised as to whether the doctors can finally get redress after being accused on very weak grounds.
Ex gratia
One possible alternative is for the government to decide on compensation ex gratia. This means that the government pays out a sum of money "out of grace", i.e. without being legally obligated to do so.
Such a decision was made by the previous government in 2022 when they paid out one million kronor each to the brothers who were wrongly accused of killing four-year-old Kevin in Arvika in 1998.
If this could be an option for the doctors, Justice Minister Gunnar Strömmer (The Moderate Party) does not want to speculate.
In principle, it is a matter for the judicial authorities to investigate both questions of guilt and questions of damages in the event of any wrongdoing, he says to TT.
"Extremely few cases"
When that type of tool has been exhausted, the government has made decisions on economic compensation in a few exceptional cases, he says.
This has happened in extremely few cases. But if there are circumstances that speak in favor of it in this specific case, I do not have the opportunity to assess it at present.
What is required for the government to consider ex gratia?
I do not want to speculate about that.
According to Fredrik Bergman Evans, head of the Center for Justice, which was once founded by Gunnar Strömmer, the legal possibilities do not have to be exhausted for a decision on ex gratia.
Formally, there is no requirement. The government can provide compensation because they think it serves justice.
Resumption
One alternative is to seek compensation from the Chancellor of Justice, but the statute of limitations for that is ten years, and exceptions have only been made in very special cases, he says.
Another possible path is to seek a retrial of the Court of Appeal's verdict, where the doctors lost their licenses. Despite having tried repeatedly before, there is nothing to prevent them from doing so again, says Bergman Evans.
Generally, it is very difficult to get a retrial. An exceptional situation where you can get it is if new decisive information emerges that has not been previously tried in court.
Corrected: In an earlier version, the wrong year was stated for the Kevin murder. Changed in the main text and fact box.
2022: Brothers Robin Dahlén and Christian Karlsson receive one million kronor each in compensation ex gratia, after being wrongly accused of killing four-year-old Kevin in Arvika in 1998.
2018: Around 600-700 trans people who were forcibly sterilized between 1972 and 2013 in connection with changing their legal gender are granted compensation of 225,000 kronor each.
2015: After mass vaccination against swine flu in 2009, over 300 Swedes developed the chronic and neurological disease narcolepsy. In 2015, a decision was made on state compensation of an "ex gratia" nature to some of those affected.
2013-2014: Children who were placed in orphanages or foster homes between 1920 and 1980 and were subjected to abuse or serious neglect or abuse were given the opportunity to apply for compensation from the state.
2007: A woman received 200,000 kronor ex gratia after suffering severe injuries during childbirth. The woman turned to the government after being denied compensation by the insurance company, Personskadereglering AB (PSR), and the Patient Injury Board, as it was established that no one in the healthcare system had committed any wrongdoing, the woman had simply had extremely bad luck.
