That Hamid Noury has been released from a Swedish prison and sent to Iran is a "renunciation of the Swedish judicial system's sovereignty".
This is the opinion of Ove Bring, professor emeritus of international law.
This is an example of how the Swedish judiciary is not allowed to function fully, he says.
On Saturday, it was announced that Hamid Noury, convicted of war crimes, would be exchanged for two Swedish citizens imprisoned in Iran.
That Swedish authorities release a convicted criminal prematurely – and send the criminal abroad – is not common practice. According to Ove Bring, professor emeritus at Stockholm University, this can only happen in two ways: that Swedish and Iranian authorities have agreed that Noury will serve his prison sentence in Iran, or that the government has chosen to pardon Noury.
Ove Bring considers the first alternative to be a mere desk product, as Noury can expect to be released in Iran.
The latter alternative would – in practice – mean that Swedish politicians have chosen to release a man convicted of life imprisonment for involvement in mass executions.
I am not aware of similar examples in Sweden. I would say that this is a unique case, says Ove Bring.
"Entirely right"
The Swedish Foreign Ministry has previously attempted to secure the release of the imprisoned Swedes in Iran. Ove Bring emphasizes that he believes the government has acted correctly in this case.
This is about balancing how serious it is to compromise the Swedish judicial system, and how valuable it is to be able to rescue Swedish citizens. I do not think one can criticize the government on this particular point, he says.
The government has tried quiet diplomacy, and has now moved on to open diplomacy. I think it was entirely right, as it has proven to be the only solution to the problem, to get the Swedish citizens home.
Risks happening again
Said Mahmoudi, professor of international law at Stockholm University, says that Iran has used the tactic of exchanges for a long time, to get people close to the regime back home. That Sweden is now agreeing to release a convicted Iranian, opens up for the method to be used against Sweden again – by Iran or by other countries.
It is possible that they will resort to the same method again, in another case, says Said Mahmoudi.
