Case Overview
- Discrimination Based on Nationality
- Denial of Fair Trial Rights
- Coerced Confessions and Unfair Proceedings
- Vulnerability and Medical Conditions – Vulnerable person forced to appear in court while mentally ill and without legal representation.
- Refusal of Swedish Police to accept police reports – illegal directives from Swedish Prosecutor overriding EU law.
- Retaliation for Complaints – Eviction and punishment after reporting abuse.
- Forced to sign false confessions of guilt in a secret agreement, pay a large fine, and humiliated in front of perpetrators.
- Emotional and Financial Impact – Family ignored by authorities, denied EU legal protections, publicly shamed, financially and emotionally devastated.
Summary of Court Cases and Violations: Compounding Injustices
Solna Tingsrätt (District Court), Case Number: T 2069-23
This court was the site of the most egregious violations. During the trial, judges stated: “EU law does not apply here” and “Your rights do not apply here.” Mr. Allen was fined simply for citing fundamental rights and EU law. The court permitted HSB, a private entity, to influence proceedings, ignoring judicial independence and subjecting Mr. Allen and his wife to humiliation in front of those responsible for the abuse.
Svea Hovrätt (High Court), Case Number: T 3505-24
The appeal was dismissed without review, thereby upholding the unlawful actions of the lower court and further denying justice and EU protections.
Högsta Domstolen (Supreme Court), Case Number: Ö 3919-24
A Supreme Court judge claimed to find no violation, ignoring the requirement to refer the case to the European Court. This refusal contradicts the court’s own precedent and violates obligations under EU law.
Violations of EU Law and Fundamental Rights
The Swedish courts have denied the following rights protected under EU law:
- Article 47: Denial of a fair trial and effective remedy.
- Article 21: Discrimination against immigrants.
- Article 4: Inhumane and degrading treatment.
- Article 7: Violation of family life and repeated evictions.
- Article 11: Suppression of free expression and community communication.
- Article 17: Deprivation of property without just cause.
The denial of a request for a preliminary ruling from the European Court, refusal to allow witnesses, and the endorsement of statements that “EU law does not apply here” demonstrate systemic contempt for EU law and judicial standards.
Addressing Systemic Issues in the Swedish Legal System
The case illustrates deeply rooted issues within the judicial and prosecutorial system in Sweden:
- Discrimination based on nationality
- Denial of legal access to vulnerable persons
- Institutional protection of private companies over citizen rights
- Breakdown of judicial independence and impartiality
Ongoing Hardships: The Allen Family's Struggle for Justice
Despite clear violations, James Allen and his family remain without legal assistance. Their financial situation has collapsed, and they face eviction from their second home. The Swedish courts and authorities have refused to apply EU law or investigate abuses, giving HSB impunity and control over legal outcomes.
Recommended Actions Suggested to EU without response
- Immediate Intervention: Swedish authorities must protect the family's rights and rectify any violations.
- Independent Investigation: An impartial review of HSB’s role and judicial misconduct is essential.
- Restoration of Property: Unjust property seizures must be reversed or compensated.
- Legal Redress: The family must receive legal pathways to justice under EU law.
- EU Oversight: The European Commission, European Court of Human Rights, and EU Fundamental Rights Agency must be informed and take steps to ensure compliance with EU treaties.