Summary of the decision: The Lernacken customs checkpoint beside the Øresund Bridge was visited during an inspection of Swedish Customs. This is an internal border checkpoint, i.e., on the border between EU Member States. It emerged that the driver and any passengers in vehicles subject to a routine search were also subject to a pat-down search, and held in a room comparable with a cell while the vehicle was searched, and that possessions such as mobile phones were temporally seized.

In this enquiry, the Parliamentary Ombudsman has investigated whether Swedish Customs has the necessary legal authority to take such coercive measures when conducting checks at the internal border. The Parliamentary Ombudsman’s conclusion is that this is not the case.

The Parliamentary Ombudsman underlines that Swedish Customs must review how these checks are carried out and ensure that the measures taken are legal. According to the Parliamentary Ombudsman, there is reason to send a copy of the decision to the Government for information.