View Full Version : Pirate Bay found guilty

Magda Hassan
04-18-2009, 12:59 PM
Pirate bay guilty

Published: 17 Apr 09 15:50 CET
<http://www.thelocal.se/18908.html> (http://www.thelocal.se/18908.html)

The four men connected with The Pirate Bay were found guilty of being
accessories to copyright infringement by a Swedish court on Friday,
delivering a symbolic victory in the entertainment industry?s efforts to
put a stop to the sharing of copyrighted material on the internet.

"The Stockholm district court has today convicted the four people
charged with promoting other people's infringement of copyright laws,"
the court said in a statement.

The four defendants in the case, Fredrik Neij, Gottfrid Svartholm Warg,
Peter Sunde and Carl Lundstr?m, were each sentenced to one year in
prison and ordered to pay 30 million kronor ($3.56 million) in damages.

The Stockholm District Court printed up 250 copies of the judgment to
meet the expected interest from media outlets.

"By providing a website with ... well-developed search functions, easy
uploading and storage possibilities, and with a tracker linked to the
website, the accused have incited the crimes that the filesharers have
committed," the court said in a statement to the media.

The court added that the four "knew that copyrighted material was being

The one-year jail sentences were motivated by the "extensive
accessibility of others' (copy)rights and the fact that the operation
was conducted commercially and in an organized fashion."

In an unusual step, the court also held a press conference shortly after
making the ruling public.

Taking questions from dozens of journalists, district court judge Tomas
Norstr?m explained that the 30 million kronor damages claim was to be
paid together by all four men.

Thus, if one of the defendants doesn?t have the money to cover his
share, one of the other men would have to pay a larger share of the claim.

Norstr?m was also asked if the ruling meant that other websites such as
Google, which handle bitTorrent files, are also illegal.

?We?ve looked at the conditions in this case,? answered Norstr?m.

Founded in 2003, The Pirate Bay makes it possible to skirt copyright
fees and share music, film and computer game files using bitTorrent
technology, or peer-to-peer links offered on the site.

None of the material can thus be found on The Pirate Bay server itself.

The four, who have denied any wrongdoing, are expected to appeal the
verdict and have previously vowed to take the case as high as the
Swedish Supreme Court if necessary.

The Pirate Bay claims to have some 22 million users worldwide.

Swedish police raided the company's offices several times and seized
nearly 200 servers in 2006, temporarily shuttering the site. But it
resurfaced a few days later with servers spread among different countries.

The site is still in operation.

According to public prosecutor H?kan Roswall, The Pirate Bay produced
annual earnings of around 10 million kronor ($1.2 million).

He argued that the site was purely a business enterprise and that
defendants should each receive prison sentences of up to one year.

Each of the four men charged in the case are connected to The Pirate Bay
in different ways, although none claim to be the sole founder or primary
operator of the site.

During the trial, they argued that they hadn?t earned a single krona
from The Pirate Bay and that the site was more of a hobby. The income
earned from advertising on the site simply covers the cost of operating
The Pirate Bay, they claimed.

Specifically, the case dealt with alleged illegal file sharing of 20
songs, nine films, and four computer games with the US entertainment
industry looking to claim up to $15 million in damages from the accused.

The courtroom proceedings, which concluded in early March, featured a
number of tense moments, memorable quotes, and legal theatrics.

On the second day of the trial, Roswall announced he was amending the
charges by removing all mention of "complicity in the production of
copyrighted material".

"A sensation," defence lawyer Per E. Samuelson said at the time.

"It is very rare that you win half the case after one and a half days
and it is clear that the prosecutor has been deeply affected by what we
said yesterday."

Later, the defence accused prosecutors and lawyers for the entertainment
industry of ?Perry Mason tactics? when they attempted to introduce new
documents into evidence.

And when Per Sundin, the head of Universal Music in Sweden, detailed the
losses suffered by his company in recent years, he laid the blame
squarely on The Pirate Bay, calling the site ?the biggest and baddest
villain? in the music industry?s battle against illegal file sharing.

But it was defendant Svartholm Warg who perhaps best summed up his and
the other defendants? attitudes toward the entertainment industry and
prosecutor Roswall, following the latter?s argument in his closing
statement that The Pirate Bay was a profitable business.

?The old bastard?s crazy,? he told the TT news agency during a break in
the proceedings.

Attorney Per E. Samuelson, who represented Carl Lundstr?m in the case,
suspected that the Stockholm court had been subject to ?political
pressure? in reaching its judgment.

?Power, the establishment, all point their fingers at a group of young
rebels who have found a new technology and say that they should be
convicted. That makes it not so easy for the district court to resist
such political pressure,? he told the TT news agency, adding that his
client was ?shocked and upset? over the verdict.

?He?s facing a damages claim of 30 million kronor and is also supposed
to sit in prison for a year because he provided an internet connection.
It?s incomprehensible to him,? said Samuelson.

Samuelson added that he plans to file an appeal as soon as possible, as
did Jonas Nilsson, the attorney for Fredrik Neij.

While Friday?s ruling is an important step in clarifying some of the
legal issues associated with the distribution of copyrighted material in
the digital age, it is by no means the final word.

With an expected appeal by the defendants, the case may eventually be
heard by Sweden?s Supreme Court, with a detour through the European
Court of Justice also a possibility, according to many experts.

Either way, it will likely be several years before a final ruling in the
case is reached, by which time today?s bitTorrent technology may very
well have been replaced by a new method for sharing files on the internet.

Magda Hassan
04-18-2009, 01:10 PM
I don't really understand the rationale for the courts decision and it seems they have been lent on politically. Using their 'logic' shops where kitchen tools are sold could be charged with making the means of murder by knife available, auto makers could be charged with making hit and run or drive by shootings happen or armed hold up escapes possible. I don't think that in this case anyone can be responsible for the actions of others and in this case there is no proof that a third party has acted illegally anyway. You would have to close down the whole internet because some people use the internet for illegal purposes. Telephones are used to make obscene phone calls too but nobody talks about eliminating phone companies.

As I mentioned in a previous post here there is also a connection to wikileaks which is not being covered by the MSM. I am sure that TPTB would like to see them both gone. Information is a dangerous thing in the hands of the people.

Peter Lemkin
04-18-2009, 04:40 PM
I don't really understand the rationale for the courts decision and it seems they have been lent on politically. Using their 'logic' shops where kitchen tools are sold could be charged with making the means of murder by knife available, auto makers could be charged with making hit and run or drive by shootings happen or armed hold up escapes possible. I don't think that in this case anyone can be responsible for the actions of others and in this case there is no proof that a third party has acted illegally anyway. You would have to close down the whole internet because some people use the internet for illegal purposes. Telephones are used to make obscene phone calls too but nobody talks about eliminating phone companies.

As I mentioned in a previous post here there is also a connection to wikileaks which is not being covered by the MSM. I am sure that TPTB would like to see them both gone. Information is a dangerous thing in the hands of the people.

Monsanto and others have literally stolen plants and animals DNA in part and some whole and made it their own via patents - and this is, so far, judged as legal. Montsanto also produced DDT and PCBs which pollute [and cause cancer in] every living animal on Earth....and they haven't been held accountable for that either. Nor the USA for invading and stealing Iraq and its oil for a few years while killing a million or so. Corporate and State theft and harm/killing is OK; the rest of us better watch out! The point about Google being equally guilty is a VERY interesting one - but 4 non-conformists were a much easier and the preferred target. I believe what is behind this is not so much about loss of profits, but control over information flow on the internet, which has many behind the curtain very edgy. Will be interesting to see what comes of this and I'd expect many, MANY similar suits all over, but mostly in USA - real soon. Of course no one is going to follow Magda's logic and get intelligence-connected Palladin Press in Court [they publish books on how to kill, make bombs, pick locks, plan ambushes, etc. etc.]. Nor is the NSA for sucking-up and storing every bit of every upload and download, every bit and byte on the internet. Get the little guys. Pirate's Bay also had stuff about JFK, 911 and such. Were they really after the music downloads? Doubt those who leaned on the judge cared about non-political music or videos, really. That was just the cover-story IMO.

Stepping back one step from the internet, this could mean all librarians should be locked-up and fined - and all you who copied a tape back in the 70s through 90s - or ever loaned a friend a book..... ad infinitum.

NB - Wikileaks looks like a hot site, indeed.

Peter Lemkin
04-24-2009, 04:57 AM
Wow! Sweden is going the way to the USA. This just in. The case is being appealed because the defendants found-out the Judge is a member of several anti-copyright infringement groups!!! He should have recused himself due to conflict of interest. They will have easy sailing now! Pirates Ahoy!:captain:

Magda Hassan
04-24-2009, 06:17 AM
VERY interesting, Peter.
What an idiot. What a tool. Good on the pirates! Someone will walk the plank for this.

Sweden is going the way of the US. Look at the abandonment of neutrality and the wholesale adoption of NATO. They have a huge arms industry. Look at the elimination of Palme. Despite neutrality in WW2 they weren't much more than a northern branch office (with out the high gas bill or camps) for the 3rd Reich. The neo-nazi and fascist movement is very strong there

Peter Lemkin
04-24-2009, 08:00 AM
VERY interesting, Peter.
What an idiot. What a tool. Good on the pirates! Someone will walk the plank for this.

Sweden is going the way of the US. Look at the abandonment of neutrality and the wholesale adoption of NATO. They have a huge arms industry. Look at the elimination of Palme. Despite neutrality in WW2 they weren't much more than a northern branch office (with out the high gas bill or camps) for the 3rd Reich. The neo-nazi and fascist movement is very strong there

Yes, it will be very difficult to convict them now on the next trial they will likely win, but the prosecutors might appeal again. I agree on Sweden, in what you say. I lived there and I lived in all the other Scandinavian countries, and while very civilized, in some ways, the authorities are quite different than the other Scandinavians. There is a old royalty and they hang-out with the munitions company crowd. Palme's death had to do with Iran-Contra and a Swedish Arms company named Bofors. Ollie North was involved at a distance - and all his pals [along with some of those neo-Nazi types IMO.]

David Guyatt
04-24-2009, 10:33 AM
It's an awful but typ[ical conflict of interest Pete, but my cynics guess is that the conviction will stand because the corporate barons demand that.

I'll gladly donate to a defence fund if Pirate Bay need one.

Magda Hassan
03-10-2012, 09:43 AM
Leaked: Police Plan to Raid The Pirate Bay (http://torrentfreak.com/police-plans-to-raid-the-pirate-bay-120309/)
More than half a decade after Swedish police officers first raided The Pirate Bay, there is talk that a second police raid against the world’s most famous torrent site is in the planning. The Pirate Bay team has learned that local authorities have acquired warrants to take action against the site, and expect that both servers and the new .se domain name may be targeted soon.http://torrentfreak.com//images/tpb.jpgIn the spring of 2006 a team of 65 Swedish police personnel entered a datacenter in Stockholm. The officers were tasked with shutting down (http://torrentfreak.com/the-piratebay-is-down-raided-by-the-swedish-police/) the largest threat to the entertainment industry at the time – The Pirate Bay’s servers.The raid eventually led to the conviction (http://torrentfreak.com/pirate-bay-founders-prison-sentences-final-supreme-court-appeal-rejected-120201/) of four people connected to The Pirate Bay, but the site itself remained online.Today, the Pirate Bay team has informed TorrentFreak that a second raid is being prepared by the Swedish authorities. The site’s operators, who are well-connected in multiple ways, learned that a team of Swedish investigators is gearing up to move against the site in the future.The suspicions were also made public by The Pirate Bay a few minutes ago.“The Swedish district attorney Fredrik Ingblad initiated a new investigation into The Pirate Bay back in 2010. Information has been leaked to us every now and then by multiple sources, almost on a regular basis. It’s an interesting read,” the Pirate Bay crew notes (http://thepiratebay.se/blog/209).“We can certainly understand why WikiLeaks wished to be hosted in Sweden, since so much data leaks there. The reason that we get the leaks is usually that the whistleblowers do not agree with what is going on. Something that the governments should have in mind – even your own people do not agree.”The Pirate Bay team confirmed to TorrentFreak that the announcement is no prank. The authorities have obtained warrants to snoop around in sensitive places and two knownanti-piracy prosecutors (http://torrentfreak.com/new-anti-piracy-task-force-set-to-pressure-file-sharers-100213/), Frederick Ingblad and Henrik Rasmusson, are said to be involved.Employing a little psychological warfare aimed at putting the investigators off-balance, the Pirate Bay team has chosen to make the news public to make the authorities aware that they are not the only ones being watched.According to The Pirate Bay team they aren’t doing anything illegal, but nonetheless they noticed that the investigation intensified after the site’s recent move to a .SE domain (http://torrentfreak.com/the-pirate-bay-moves-to-se-domain-prevent-domain-seizure-120201/).“Since our recent move to a .SE domain the investigation has been cranked up a notch. We think that the investigation is interesting considering nothing that TPB does is illegal,” they say.“Rather we find it interesting that a country like Sweden is being so abused by lobbyists and that this can be kept up. They’re using scare tactics, putting pressure on the wrong people, like providers and users. All out of fear from the big country in the west, and with an admiration for their big fancy wallets.”Behind the scenes The Pirate Bay team is working hard to ensure that the site will remain online in the event that servers, domain names and Internet routes are cut off. In this regard The Pirate Bay has learned a valuable lesson from its former operators.Those who are aware of the site’s history know that without a few essential keystrokes in May 2006, The Pirate Bay may not have been here today. When Pirate Bay founder TiAMO heard that something was amiss, he decided to make a full backup of the site before heading off to the datacenter, where he was greeted by dozens of police officers.


Footage from the 2006 Pirate Bay raid
TiAMO’s decision to start a backup of the site is probably the most pivotal moment in the site’s history. Because of this backup the Pirate Bay team were able to resurrect the site within three days. If there hadn’t have been a recent backup, things may have turned out quite differently.It was a close call at the time, and a defining moment in the history of the site. The determination to get the site back online as soon as possible set the defiant tone for the years that followed. Today, the site prides itself in being the most resilient torrent site around.In recent years The Pirate Bay has implemented a variety of changes to guarantee that the site remains online. It added several backup domains, placed servers all over the world, and removed resource intensive processes.Earlier this week The Pirate Bay took another important step by removing .torrent files altogether to become a “magnet link” site. As a result, the entire site can now be reduced to a few hundred megabytes, small enough to fit on the tiniest thumb drive.For the police, this makes a successful Pirate Bay raid almost impossible. While they can take steps to put the site out of business briefly, it’s inevitable that it will re-appear in a matter of hours, or days.Or to use the words of the Pirate Bay team. “We’re staying put where we are. We’re going no-where. But we have a message to hollywood, the investigators and the prosecutors: LOL.”

Peter Lemkin
03-10-2012, 11:12 AM
The unanswered question - that I think will never be addressed:

Norstrom was also asked if the ruling meant that other websites such as
Google, which handle bitTorrent files, are also illegal. :darthvader:

?We?ve looked at the conditions in this case, answered Norstrom. :pirate:

Peter Lemkin
05-17-2012, 06:18 AM
Pirate Bay Under DDoS Attack From Unknown Enemy
May 16, 2012

With court-ordered ISP blockades popping up all over Europe, The Pirate Bay is no stranger to being silenced. However, for the last 24 hours the site has been largely inaccessible world wide due to a completely different type of censorship. After the site openly criticized Anonymous last week for DDoS’ing UK ISP Virgin Media, The Pirate Bay itself is now under attack.

Although Pirate Bay downtime happens a handful of times each month, it rarely persists for more than a few hours. When it goes beyond that the steady flow of reader emails to TorrentFreak quickly transforms itself into a torrent.

At the time of writing The Pirate Bay has been inaccessible to most of the world for nearly 24 hours and our ‘inbox’ is suffering. But it appears to be the timing of the downtime that has caused more people than usual to panic.

The root lies in the recent court-ordered censorship of The Pirate Bay in the UK. The country’s leading ISPs are required to block the site so millions of people were already expecting to have trouble accessing the domain. What they didn’t anticipate was the failure of the many published workarounds to resupply access to the site.

For those to work the site itself has to be working properly and currently it is not. While TPB is used to being censored by courts and ISPs, it is a little less used to being blacked-out by other means. TorrentFreak is informed by a Pirate Bay insider that the site is currently being subjected to a DDoS attack rendering it unavailable in many parts of the world.

Now, while we’re informed that the problem might be mitigated during the next few hours, the timing of this attack against the site is either ironic, ‘interesting’ or at the very least coincidental, depending on your viewpoint.

Just last week, The Pirate Bay openly criticized elements of the ‘Anonymous’ collective for carrying out a DDoS attack on Virgin Media, the first UK ISP to block access to The Pirate Bay.

“We do NOT encourage these actions. We believe in the open and free internets, where anyone can express their views. Even if we strongly disagree with them and even if they hate us,” said TPB in response to the DDoS attack against Virgin.

“So don’t fight them using their ugly methods. DDOS and blocks are both forms of censorship.”

Right now, whoever is attacking The Pirate Bay has achieved what no copyright or governmental authority anywhere in the world has – an almost complete disruption of the site’s operations on a global basis with no court order required.

But despite the DDoS there are still ways for people to access the site. A handful of the proxies set up to circumvent the ISP blockades still appear to work and, when all else fails, the crazy methods still work too.

Magda Hassan
05-17-2012, 06:57 AM
Yeah, some thing really odd going on today :what:. Still trying to work out who it is....Not who it is claimed that is for sure.

Magda Hassan
09-01-2012, 03:33 PM
Pirate Bay Founder Arrested in Cambodia (http://torrentfreak.com/pirate-bay-founder-arrested-in-cambodia-120901/)

Pirate Bay founder Gottfrid Svartholm has been arrested in the Cambodian capital Phnom Penh. Svartholm, known online by his nickname Anakata, was sentenced to one year in jail for his involvement in The Pirate Bay but has been missing for some time. Svartholm was wanted internationally but exact details as to why he was arrested have not yet been made public.
http://torrentfreak.com/images/gottfrid1.jpgPirate Bay founder Gottfrid Svartholm was arrested by Cambodian police on Thursday in Phnom Penh, the city that he made his home several years ago.
According to local sources he was arrested in an apartment above the Cadillac Bar (http://www.cadillac-cambodia.com/) on the riverfront, a place where he is known to have stayed in the past.
Neither Cambodian nor Swedish authorities have commented on the grounds of the arrest.
The 27-year-old became wanted internationally after he failed to return to Sweden to serve his 12 month jail sentence (http://torrentfreak.com/jail-sentence-for-pirate-bay-co-founder-made-final-111014/) earlier this year.
Gottfrid’s lawyer Ola Salomonsson thinks the arrest could be related to The Pirate Bay case, but this hasn’t been announced officially.
“As far as I understand it is because he is on an international wanted list,” he said (http://www.svd.se/nyheter/inrikes/svartholm-warg-gripen-i-kambodja_7465932.svd).
While there is no extradition treaty between Cambodia and Sweden the lawyer believes his client could be transferred to his home country eventually.
Gottfrid has been battling poor health ever since The Pirate Bay appeal in 2010. He failed to attend that hearing due to an illness which left him too sick to leave hospital in Cambodia.
Then, despite having supported his original absence with a medical certificate, Gottfrid failed to appear at a subsequent hearing. This prompted the Court of Appeal to finalize the initial verdict (http://torrentfreak.com/jail-sentence-for-pirate-bay-co-founder-made-final-111014/) of one year jail time and a fine of $1.1 million.
All this time the Pirate Bay founder was nowhere to be found. Neither his lawyer nor his old Pirate Bay friends had heard from him. Sources in Cambodia, however, told TorrentFreak (http://torrentfreak.com/pirate-bay-founder-disappears-but-not-110308/) last year that Gottfrid was still in bad shape.
Gottfrid should have returned to Sweden to begin serving his sentence January 2nd this year, but again he failed to appear.

Magda Hassan
09-07-2012, 01:50 AM
Human trafficking for 59 million for one person? They really want him bad. How much will they pay for Assange?

Pirate Bay Founder Arrest Followed By $59m Swedish Aid Package For Cambodia (http://torrentfreak.com/pirate-bay-founder-arrest-followed-by-59m-swedish-aid-package-for-cambodia-120905/)Ever since the arrest last week of Pirate Bay co-founder Gottfrid Svartholm, there has been the usual speculation of who in the United States or Sweden ‘paid off’ Cambodia to make the move. Of course, with no supporting evidence claims that such a deal exists can be brushed off as pure fantasy. But today, in another one of those unusual political coincidences, Cambodian officials announced the “strengthening of bilateral ties” with Sweden – along with a $59 million aid package sweetener.
http://torrentfreak.com/images/gottfrid1.jpgFollowing his arrest last Thursday it was confirmed yesterday (http://torrentfreak.com/sweden-ordered-pirate-bay-founders-arrest-cambodia-mulls-options-120902/) that Pirate Bay founder Gottfrid Svartholm will be leaving Cambodia as a matter of some urgency.
Early Tuesday a meeting took place in Cambodia between National Deputy Police Commissioner General Sok Phal and Swedish authorities. Due to the lack of an extradition treaty, Sweden made a request for Svartholm to be deported. Cambodian authoritiesagreed (http://torrentfreak.com/pirate-bay-founder-will-be-deported-cambodian-authorities-confirm-120804/).
“We will use the Immigration Law against him to deport him out of our country and Minister of Interior Sar Kheng will sign on the deportation request letter from the police commissioner soon,” said Phal. “We will have to just deport him, wherever he goes, we don’t know, but he has to be out of Cambodia.”
While it perhaps isn’t all that unusual for Swedish authorities to be in Cambodia, a development today will join a long line of interesting political coincidences in which one nation appears to be rewarded by another following an apparently unconnected favor that everyone but the politicians are suspicious of.
Today a senior Cambodian official announced that the Government of Sweden had signed to provide Cambodia with 400 million Swedish Kronor ($59.4 million) in financial aid. The money is destined for democratic development, education, and other causes.
Speaking after the signing ceremony between Cambodian deputy Prime Minister Keat Chhon and Swedish Ambassador Anne Hoglund, Chhon said (http://news.xinhuanet.com/english/world/2012-09/05/c_131829212.htm) his country was grateful for the package.
“Cambodia considers Sweden as a highly valued development partner and we will make every best effort to ensure that the aid be utilized effectively in an efficient and transparent manner,” he said.
Hoglund said that Sweden is committed to strengthening bilateral ties with Cambodia, something that interestingly enough was also said by President Obama’s trade ambassador on his visit to the country (http://torrentfreak.com/obama-ambassador-in-cambodia-on-day-pirate-bay-founder-was-arrested-120903/) last Thursday, the day Svartholm was arrested.
Gottfrid Svartholm is currently in Cambodian detention and facing deportation.

Magda Hassan
09-11-2012, 05:42 AM
Sweden Kidnapped My Friend, Pirate Bay Co-Founder Anakata (http://torrentfreak.com/sweden-kidnapped-my-friend-pirate-bay-co-founder-anakata-120810/)

September 10, 2012
It’s almost two weeks since Gottfrid Svartholm was arrested in Cambodia but despite dozens of news headlines and stories published around the world, not one has been able to explain exactly what is happening to him and what his ultimate fate might be. A Flattr programmer and close friend of Gottfrid’s from Cambodia tried to find out by visiting the country’s counter terrorist department and holding face to face meetings with Swedish ambassador Anne Höglund. Here is his story.
This is a guest post by researcher, hacker and political activist Niklas Femerstrand (http://qnrq.se/about/). He is involved in projects that include software development for micropayment service Flattr, cryptography and general human rights and freedom. He is also a personal friend of Pirate Bay co-founder Gottrid Svartholm.
Gottfrid’s arrest
Gottfrid Svartholm Warg, Anakata, was arrested in his Riverside Phnom Penh apartment late August. I was personally at the Cadillac Bar located on the ground floor of the same building where Gottfrid lived. I have visited him on several occasions after I moved to Phnom Penh in January.
It was nothing unusual for Kenny, Gottfrid’s friend and landlord working at the Cadillac Bar, to ask me if I would be going up to see him. This time was the first time that I went to the Cadillac Bar alone and didn’t visit Gottfrid. Perhaps I chose not to because of what they call ‘gut feeling’. I don’t remember feeling anything strange, but for the very first time I decided not to drop by.
The very next day I caught a bad fever and called in sick to work. I didn’t hear about the news of Gottfrid’s arrest until Saturday when a friend of mine called asking what I knew. I was still laying sick in bed, but as soon as I heard what had happened I went down to the Cadillac Bar to try and figure out what was going on.
When I reached Cadillac I immediately understood that I had been told the truth. Cadillac Bar owner Kenny would usually greet me with an enthusiastic smile upon my arrival. This time he sat pale white at the bar and didn’t even turn around to look at me when saying hello. The bar was however more crowded than I expected and I figured that it was probably for the best to not bother asking any questions. I finished my pasta dish, paid the bill and said goodbye to Kenny before heading back home.
A mutual friend of mine and Gottfrid, who was in contact with his mother, spoke to me a couple of days later and asked me to speak to Kenny so we could organize something and also stream information between here and there more efficiently to keep Gottfrid’s parents updated. We cleared the trust issues and started talking.
I learned that Kenny was actually the best friend of Gottfrid available at this time. From the moment that Gottfrid was detained Kenny would go to the Ministry of Interior’s Counter Terrorism department on a daily basis to ensure that Gottfrid would meet a friendly face. He would bring food, soda and books. Everyday Kenny came and asked Gottfrid if he had been told anything, been asked questions or been visited by someone. Gottfrid was only visited on the first day of arrival by the Swedish embassy but they never asked anything or told him his rights or what was going on.
At this point in time the news had already hit the global mainstream press. Gottfrid’s Swedish lawyer, Ola Salomonsson, had no idea what was going on. Initially the Cambodian authorities said that Gottfrid had been detained due to breaking local laws and that after he had been detained they realized that he was internationally wanted by Interpol. The underlying tone was that he had been found merely by coincidence. Later it turned out that they had arrested him in connection to his visa expiring.
The day after Kenny received the verification that I was OK to speak with, 5th September, he brought me to visit him at the Ministry of Interior. I left my phone in the office due to paranoia and when we arrived and I saw the big sign on the building with a Khmer sentence translated to Counter Terrorism Department. I immediately understood that this was something bigger than an expired visa. Even though his passport had been revoked when he became internationally wanted by Interpol, Gottfrid still had a valid visa until the day of his arrest.
Inside the Counter Terrorism Department
We entered the building and were put in a room with three huge CRT monitors connected to one desktop PC each facing the wall on the opposite side of the room. We were ordered to place the meals that we brought with us on a table with the plastic bag containing canned Fanta. The officers took no interest in the books that we brought for Gottfrid. We were then told that we may go into the hallway again and continue into the room where Gottfrid was held.
The door was already open and there were approximately eight officers present and additional ones lurking in the shadows around the hallway. Kenny went in first and I followed. When Gottfrid saw me he immediately looked from officer to officer in what seemed like an attempt to figure out if there was something special related to my presence. I came in muttering “so this is where the terrorists hold the anti-terrorist.”
The room looked like a classical classroom with lined up benches. Gottfrid was sitting at the front, where a teacher would stand in a school environment, in a woven tree chair tilted allowing him to lay with his back at 45 degrees and his legs at 90. He was sitting upright with his legs crossed wearing a blanket. The officers weren’t freezing but Gottfrid was obviously not enjoying the forced air condition.
The second we started to speak Swedish with each other all officers but one left the room. A few minutes later they rushed back in and told us that we only had five minutes more. We headed out and passed the guard at the gate a $1 bill.
No cooperation
The following day when Kenny returned with all the regularities he was denied entrance. The officers at the Ministry of Interior said to him that Gottfrid had been transported to the Swedish embassy. We called the Swedish embassy who did not pick up the phone. We called the Swedish Ministry of Foreign Affairs who hung up in our ears. Later the Swedish Ministry of Foreign Affairs told Gottfrid’s mother over the phone, when she specifically asked for it, that he was in the ministry.
At this point Gottfrid still hadn’t been reached by his lawyer Ola Salomonsson and Gottfrid was never offered a lawyer by the Swedish embassy. Swedish authorities told Swedish press that Gottfrid was being extradited because he was wanted by Interpol to serve his one year sentence which he was convicted to in The Pirate Bay trial.
The Swedish authorities lied through their teeth. Gottfrid wasn’t being extradited, he was being deported under the Cambodian immigration law. But people who are deported can choose where to be sent and also leave the country by their own free will. Deported people also have the right to fight the decision in Cambodian court. Of course, Gottfrid was never informed about this by the Swedish embassy. They also forgot to inform Gottfrid’s Swedish lawyer.
Suddenly we became very stressed about the whole situation. Gottfrid needed to know that he had the right to a Cambodian attorney and to fight in court and he also had to be informed that it was up to him to make these demands. The Swedish embassy never told him this, as later confirmed by Anne Höglund: the ambassador who signed the $60 USM aid deal (http://torrentfreak.com/pirate-bay-founder-arrest-followed-by-59m-swedish-aid-package-for-cambodia-120905/).
Meeting with the ambassador inside the Swedish embassy
I went to the Swedish embassy in Phnom Penh on the 10th floor in the Phnom Penh Tower. I felt really helpless and didn’t know what to do. I felt desperate to have a face directing my questions and frustration towards. Since the information that we had available indicated that Gottfrid was captured in the same embassy that refused him his rights, my initial idea was to go there and pass him my message as loudly as I possibly could through the walls.
I reached the reception who asked me why I was present. I told them I was there as a friend of Gottfrid’s uninformed parents and soon enough I met Swedish Ambassador Anne Höglund.
I found her quite rude for never inviting me to any form of office room or similar, instead she had me standing in the reception asking her questions. She told me the opposite of what we had heard from the Cambodian Ministry of Interior and the Swedish Ministry of Foreign Affairs: Gottfrid had never been there. I explained in a very serious tone that this was a matter of human rights, that he hasn’t been convicted for anything but The Pirate Bay, and that it is their job to do what they had not done.
We were interrupted by around six people who came into the embassy to speak to Anne Höglund. I let her know that our discussion was not over even though she didn’t assign another agent to handle my complaint and Tom Abrahamsson, head of administrative and consular matters at the Swedish Embassy in Phnom Penh, had coincidentally gone on vacation to Sihanoukville this particular day. Gottfrid’s mother was informed that Tom was the person that had visited Gottfrid. He hadn’t left the country, just traveled four hours out of the city, but was entirely impossible to contact.
Returning to the embassy, this time with backup
I left the embassy and came back with Gottfrid’s mother’s Cambodian legal representative: Mr. Sok Sam Oeun. Sok Sam Oeun is currently the Executive Director at the Cambodian Defenders Project. In 1995 he won the Award of Defenders of the Year presented by California Defender Association and in 2002 he won the International Human Right Awards presented by the American Bar Association. He has over 20 years of experience in human rights and is also an expert on the international relationship between Sweden and Cambodia. He was early to be quoted in some articles regarding Gottfrid’s deportation. I brought him with me back to the Swedish embassy.
When we arrived they were obviously tired of me already. Unluckily for them I am a Swedish citizen and thus they cannot deny speaking to me. And this time I also brought my backup: Mr. Sok Sam Oeun.
I went through the process of informing the reception about what I wanted. At one point the Khmer receptionist picked up a phone and pointed at another one on my side of the protective glass. I picked it up and heard him say something, but figured it was a too long a sentence for me. He shouted at me asking if it worked. I shook my head. He pointed at one on the opposite side of the desk. I picked it up and he asked me again if it worked. No luck. He pressed some extra buttons which I figured was actually required to connect to the proper phone on the line and I picked it up.
The receptionist stared deeply into my eyes and said “you’re here regarding Gottfrid, right?”. I told him that was correct. Without blinking and still staring at me he then proceeded by asking “the fool that got arrested, right?”. I was in a bad position to throw a fight over his wording and simply confirmed once again. “I will ask for permission and then we will see.”
Before 10 minutes had passed Anne Höglund came into the waiting room. “Oh, it’s you again”, she muttered in Swedish, clearly unhappy over me. “Yes”, I said, “but this time I brought backup”, and presented her Mr. Sok Sam Oeun.
I said that since this was a very high-profile case we must make sure that everything is legally correct, and of course that Gottfrid’s parents were very worried. When Sok Sam Oeun spoke to Anne Höglund and asked her questions she quickly fell into absolute defense mode. She crossed her arms and her every movement increased in speed. She was very stressed. She continued to say all sorts of truly absurd things such as “he does not need a lawyer” and that they had done everything they have to do. I deceptively nodded and it seemed like she considered Sok Sam Oeun to be the bad guy and me to be the good guy in the situation. She was subconsciously looking for me to agree with her and I met her with a confirming face conforming her to continue her lies.
Anne told us that in “every normal case” the Swedish embassy would provide the suspect a list of attorneys from which they could freely pick their defense. I told her that it was absolutely irrelevant how they handle normal cases because if it was a normal case then Gottfrid wouldn’t be held by counter terrorist police over an expired visa. An expired visa in Cambodia usually doesn’t generate more problems other than having to pay a fine when leaving the country.
Brushed aside
She denied that Gottfrid had ever been in the embassy and said that this idea was absurd. She got stuck in a loop, I think she repeated her nervous “no” at least a dozen times before asking “Who said that?”
Apparently we needed to speak to the Cambodian authorities because this was a police issue. Anne said it was an issue handled 100 % by the police and that the embassy had no interest in this. “Even if he has disappeared?”, Sok Sam Oeun asked her. I told her that right now we have a situation where the Ministry of Interior, Gottfrid’s last known location, said that Gottfrid was in the embassy and the embassy is saying that they don’t know where he is. I never told her that we had also heard the same information independently from the Swedish Ministry of Foreign Affairs and that the information that Anne was giving us was the exact opposite of that.
Anne stood her ground: she didn’t know anything, didn’t understand why we were at the embassy, and was not willing to cooperate with us in an attempt to figure out Gottfrid’s whereabouts. She made herself entirely unavailable to us so we parted.
According to Cambodian law Gottfrid’s parents’ attorney has the same right to speak to Gottfrid as Gottfrid’s own attorney, if he would’ve had one. Anne obviously either forgot or ignored this and she was never interested in respecting Sok Sam Oeun’s authority. The way the case unfolded it is very obvious that the Swedish embassy lied to us, tried to convince us that Gottfrid was not in need of a lawyer and denied his fundamental human rights both in Sweden and in Cambodia.
Gottfrid’s mother got similar information from the authorities in Sweden. She was told that the process of deportation would not be a juridical process as such and thus no lawyer would be involved. Anne wanted to convince us into believing that Gottfrid was detained because of his invalid visa.
Either Anne Höglund is entirely incompetent or she tried misleading us and denied us our rights because she knew that we had the legal possibility to take the matter to court and possibly have Gottfrid sent to another country other than Sweden, since he was after all being deported and not extradited. Perhaps Anne is an incompetent liar who fails to understand why someone who is locked up by counter terrorists needs access to a lawyer whether he’s charged for a crime or not.
The Wikileaks connection
After the coincidence with the $60 USM aid package granted by Sweden to Cambodia was settled, Anders Jörle, spokesperson for the Swedish Ministry of Foreign Affairs, told the media that the connection between Gottfrid and the money was “ridiculously far-fetched” and that nobody sentenced to one year in prison is worth that amount of money.
Of course he never told the press exactly where Gottfrid was locked up in Phnom Penh or that parts of the case for what he is being kidnapped for is classed secret by the Swedish Ministry of Justice.
He also forgot that somebody that has been openly involved in both The Pirate Bay and WikiLeaks might be worth it. Everything around Gottfrid must truly just be a big coincidence. We’re just waiting for them to stop shaking and crossing their arms and show us exactly how they’ve acted correctly according to current national and international laws before we can truly believe them. Until these things are cleared up and proven to be correct I’m going to refer to this incident as the event where Sweden illegally kidnapped by far the most intelligent person I have ever known.
Until this day neither Gottfrid’s Swedish attorney or his mother’s Cambodian attorney has been able to contact Gottfrid.
We miss you, Gottfrid.

Magda Hassan
10-08-2012, 12:41 AM
One of the founders of The Pirate Bay, Fredrik Neij, has had his passport returned to him by a Swedish Court – thereby revoking the Swedish Embassy’s previous decision to revoke his passport. The decision is a beauty to read: it’s the bureaucratic equivalent of “you’re all morons, and you should feel bad”.
The background of the story is that one of The Pirate Bay Four, Fredrik Neij aka TiAMO, has moved to the borderline between Laos and Thailand, has settled down and had children there, and he and his wife is currently expecting another. All of a sudden, the Swedish Embassy in the area thought it was a good idea to revoke his passport. Neij appealed, which was a good thing to do. In the decision (http://falkvinge.net/wp-content/uploads/2012/10/beslut.pdf) (in Swedish), the court basically says that the Embassy did every single part of their job wrong, and revoked (http://torrentfreak.com/pirate-bay-founder-wins-back-passport-from-swedish-embassy-121006/) the Embassy’s decision.
The three-page decision opens in a typical bureaucratic fashion:

The Court revokes the decision of the Embassy.
As we approach the “background” section, we get a sense that something’s not quite righthere:

Neij appeals the Embassy decision and presents his case as follows: there are no valid reasons to revoke his passport. It is noteworthy that neither in the Embassy’s written decision, nor on asking specific questions, has it been declared what reasons lay behind the revocation. The case therefore presents certain difficulties for him to counter the normally-given reasons deemed legally sufficient to revoke his passport. [...]
This is very, very sarcastic bureaucratic language, and we get a sense that the Court have been shaking their heads and biting their lips hard while writing it. But wait, it gets even better:

[...skipping a bit...]
An elementary requirement is that authorities state their legal basis when making decisions like these. To issue a motivation that only quotes text from the law is not sufficient. It must be possible to read a decision and understand what has been the determining factor or factors in the individual case.
In its decision, the Embassy has only referred to paragraph 12, section 4 in the Passport Act, but at the same time, quoted the contents of paragraph 12, section 3 in the Passport Act. Therefore, it is possible to understand neither which legal basis nor which factual circumstances underlie the decision. Therefore, the Embassy’s decision doesn’t fulfill the basic requirements of a decision from an authority, according to paragraph 20 of the Exercising Authority Act (Förvaltningslagen). Considering this, and the additional fact that the Embassy hasn’t presented any circumstances as to why the reasons for the decision have been omitted, the decision of the Embassy shall be revoked.
This, right here, is a level-60 buffed and boosted bureaucratic bitchslap for over 9000 hitpoints.