The Right to Testify, the Right to Transparency : – A Critical Policy Analysis of Anonymous Witnesses in Swedish Policy Documents

In relation to the increase in organized crime in Sweden, the issue of witness protection has become increasingly relevant. This study conducts a critical examination of how anonymous witnesses have been presented as a solution to the problem of the culture of silence of criminal networks in two central investigations: SOU 2023:67 Anonymous witnesses and SOU 2024:51 A more legally secure and efficient court process. By applying a poststructuralist, discourse theoretical framework together with Bacchi WPR analysis tools, the study analyzes how the language in these documents shapes the understanding of concepts such as security, law enforcement and legal certainty. The study's results show that anonymous witnesses are presented as a reasonable solution to protect threatened witnesses and secure more convictions. In the shadow of this, anonymous witnesses are rarely problematized from a legally secure overall perspective. Other alternative paths are made invisible, such as strengthening trust in law enforcement authorities or other political reforms. The result points towards a discourse where security is prioritized over transparency and objectivity, which could ultimately erode Sweden's fundamental legal principles