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Tuesday, September 8, 2020

Swedish Justice

Hat tip Samnytt. Translation by Fousesquawk.

Here is another classic case of Swedish justice. The facts are: A 51-year-old man sexually assaults an 11-year-old girl in a public swimming pool. As punishment, he gets 2 and a half years in jail with no deportation. Reason? Deportation is only reserved for cases with "special reasons", which do not exist in this case.




https://samnytt.se/hovratten-raddar-kvar-afghansk-pedofil-som-valdtog-11-arig-flicka/

Appellate court saves Afghan pedophile who raped 11-year-old girl

Recently, the appellate court upheld a district court  judgment against an older Afghan man who, among other things, raped an 11-year-old girl in a swimming pool The prosecutor, who had appealed the judgment and asked for deportation, was not given a hearing for his request-this because deportation is only for special reasons.

In mid-December, Samhällsnytt drew attention to 51-year-old Ahmad Motmain and the rape he committed against an 11-year-old girl. Motmain immigrated from Afghanistan in 2003-that is 17 years ago, but he has not yet learned good Swedish.

During his stay in Sweden, he has been chairman of an Afghan association, which among other things, (works to) stop deportation of migrants who lack reason for asylum. The association advises on its website they are financed from government contributions. 

Motmain was sentenced by the Gothenburg District Court on December 11 to prison for two years and five months for rape against a child, sexual abuse against a child, and two counts of sexual molestation. The police investigation showed that Motmain, during several years, committed crimes against children ages 5-11.

In one of the cases, which occurred in the indoor swimming pool of Angered in 2016, Motmain made contact with an 11-year-old girl who was there with friends. The Afghan migrant offered to teach the girl to swim by practicing leg strokes apart from the others in the swimming pool.

The girl was instructed to hold onto the edge of the pool and practice leg strokes while the man held her with his hands on her breasts and penetrating her vagina with his fingers. The man further asked the young girl if she "could have sex".

No deportation

After the district court, both the prosecutor and Motmain appealed the verdict to the appellate court for Western Sweden. The prosecutor asked the appellate court to increase the penalty and also to deport Motmain with a prohibition on him returning to Sweden for 15 years.

Instead, the appellate court decided to acquit Motmain for the two cases of sexual molestation. At the same time the sentence of two years and five months was affirmed. The appellate court also rejected the prosecutor's request for deportation.


The rejection is not because there are any general or personal hindrances to the enforcement of deportation to Afghanistan. The reason is rather because Motmain has family in Sweden, and he has  held permanent resident status since 2013.

The appellate court refers to Chapter 8 a 3 of the Alien Law, which states that those who have resided in Sweden at least 4 years with a permanent resident status can only be deported if there are special reasons. That, according to the court, does not exist in this case.


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