- Johansen, Tormod Otter, 1985-
In the virtual camp: the Swedish defence intelligence court
Ingår i: Retfærd. Nordisk Juridisk Tidsskrift. - 0105-1121. ; 38:3/150, s. 80-91
- The Swedish Defence Intelligence Court has been instituted to safeguard privacy, legality and human rights. The Court has been granted major exceptions from normal procedural rules. Principles on communication, right to an attorney and public hearing are in force, but always suspended. The author suggests that these suspensions can be read as concrete realisations of Agamben's notion of the state of exception. In this exception we are all held in a sovereign ban, in a virtual camp. This means that the promises of rights protection and legality cannot be fulfilled. The protection of rights ironically functions as a strengthening of the state's surveillance. The article asks whether this development instead of curtailing the surveillance activity, rather strengthens it and thereby puts the relationship between sovereignty and values of Western democracy into question.