Published 6 May 2021 at 14.18
Law & Justice. Svea Court of Appeal has now ruled that SD politician Tommy Hansson in Södertälje should be convicted of “incitement against ethnic groups” after writing a Twitter comment about a “non-binary” police officer. Hansson's fine is lowered, however.
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It was in June last year that the police published an article on their website about “Alex”, a police officer who claims to be “non-binary” and does not belong to either sex.
The article received many comments on Twitter. One of those who commented was Tommy Hansson, local politician for the Sweden Democrats in Södertälje and former editor-in-chief of SD-Kuriren. Hansson wrote that “mental illness” is apparently no longer “an obstacle to becoming a police officer”. >”You are not in a position to comment on the mental health of our police officers, let alone when it is based on your personal limited basic knowledge and empathy in the name of me and my party colleagues,” Marttinen wrote in response to Tommy Hansson.
The post removed today was reported to the police by Näthatsgranskaren Tomas Åberg and Tommy Hansson was convicted in December of “incitement against ethnic groups” by Södertälje District Court. The punishment was a suspended sentence and an 80-day fine of SEK 190.
Hansson had relied on a press release published by the National Board of Health and Welfare on 12 February 2020. The announcement states that “[t] he number of people diagnosed with gender dysphoria also have a high incidence of several other psychiatric diagnoses”.
During the trial, The SD politician, however, that he realized that it was “inappropriate to express himself as he did” and that he therefore deleted the post.
Södertälje District Court ruled, however, that the post is not “covered” by freedom of expression because it was “clearly demeaning to non-binary persons”.
The district court ruling was appealed and Tommy Hansson demanded that the Court of Appeal in the first instance dismiss the prosecution and in the second instance reduce the daily fine amount.
The Svea Court of Appeal states that such a debate as Tommy Hansson describes “. But the court continues:
“From a recipient's point of view, however, in his opinion the Court of Appeal does not give the impression of being an attempt to start such a debate, but rather appears to be a judgment of non-binary persons that can be perceived as derogatory. Only the fact that he has expressed himself if non-binary persons in a way that in their context must be perceived as derogatory does not in itself mean that the opinion is punishable as incitement against an ethnic group. non-binary. “
However, the Court of Appeal agrees with the district court's conclusion “that the post – seen in its context and based on how a recipient had reason to perceive it – expresses disrespect for non-binary persons and clearly exceeds the limit of objective criticism and debate”.
“In view of the circumstances, it is clear that Tommy Hansson had intent to commit the act. He must therefore be convicted in accordance with the indictment”, writes Svea Court of Appeal.
The Court of Appeal agrees with the district court's assessment of what sanction shall be elected but considers that the penalty value is lower than what the district court has concluded. The number of daily fines associated with the conditional sentence is therefore reduced. Taking into account what has emerged in the Court of Appeal about Tommy Hansson's financial circumstances, the size of each daily fine is also reduced.
According to the ruling, Tommy Hansson must pay a 40-day fine of SEK 130. He must also pay SEK 2,000 of the cost of the public defender in the district court to the state.
The decision was attended by the President of the Court of Appeal Anders Perklev, the Court of Appeal lawyer Monika Sörbom and the Court of Appeal Councilor Birgitta Trägårdh, rapporteur.