The public right frees climate activists

Published 4 December 2024 at 16.25

Law & Justice. Six climate activists charged with vandalism and illegal trespassing are acquitted by the Eksjö district court – thanks to the right of access, reports Dagens Juridik.

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The action, which was carried out by the organization Restore Wetlands on two peat bogs in Sävsjö during the summer of 2023, aimed at protesting the peat mining on the place.

The activists filled the drainage ditches with soil, which according to the landowner caused great costs and delays in the business.

The district court states that the defendants had the right to stay on the bogs according to public rights. The judgment emphasizes that the area does not constitute a public place and that freedom of demonstration is therefore not relevant in the case. On the other hand, the right of common people is considered to give people the right to move freely in the place.

Since the defendants had the right to be there in principle, the prosecution is dismissed, writes the district court.

Regarding the damage, the court considers that the activists only used natural materials from the site and did not damage property. A ditch is a cultivation of soil, according to the law, and moving material is not considered to constitute damage.

The case has attracted a lot of attention and may have consequences for how similar actions are assessed in the future.

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