A Swedish man was acquitted of self-defense in the Swedish equivalent of the district court after blocking a busy road in Stockholm as a climate demonstration. Professor of administrative law at the University of Southern Denmark, Frederik Waage, however, believes that self-defense will not be able to be invoked to the same extent in Danish criminal cases.
Waage points out to RADIO IIII that Swedish legislation may have aspects that made self-defense valid in this context, but emphasizes that a similar case would probably be assessed differently in higher courts.
In a Danish context, he believes that climate activists should rather refer to Section 79 of the Constitution, which guarantees the right to demonstrate, and Article 11 of the Human Rights Convention on freedom of expression.
- I think those are the two provisions that in a Danish context you would be able to invoke, he says.
Frederik Waage emphasizes that Danish lawyers defending climate activists can refer to the Swedish verdict, but it is unlikely to have a major influence on the outcome of Danish cases.
Climate protesters rejoice
Despite the modest legal significance, the case nevertheless delights the Danish Extinction Rebellion. Ida Dalsgaard Nicolaisen, active in the organization, calls the verdict "both fantastic and historic."
- It is not certain that the Swedish verdict can be used directly in Denmark, but we will continue to present the argument. Changes in society often happen gradually, she tells RADIO IIII.
In the Swedish case, the prosecution has appealed the verdict.
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