MacGregor Is History

SWEDEN AND THE SPANISH CIVIL WAR

Even if many of the Swedish people got involved in the aid of the Republican government in Spain, the Swedish government followed the French and British recommendation of non-intervention. On February 22nd 1937, a new law proposal was presented in Sweden, proposition 125 1937 - ”law about actions to prevent volunteer participation in the Spanish Civil War etc...”. It included nine paragraphs:

§1. If one tries through gifts, payment or promises of reimbursement or any similar way, or through threat or abuse of higher rank to make anyone enlist for wa rservice in Spain, sentencing, where it will not be sentenced according to common law, to prison up to 6 months or a fine.

§2. If a Swedish Citizen enrolls for war service in Spain, punishment with prison up to 6 months or a fine.

§3. Tickets whose purpose is to travel to or through Spain can only be sold to the one who has received special permit to travel to Spain through his Majesty or through an Office which has been authorized by his Majesty, or to foreign citizens, who belong to his Majesty’s stated country, who has been authorized by an authorization Office in this country to travel to Spain. If anyone breaks what has been decided, punishment with prison up to 6 months or a fine.

§4. About Swedish ships destined to Spain: it is the Commander’s duty to: see to it that the ship does not take any passenger destined to Spain who does not have the permit mentioned in §3 or without hinderance under §51, second section in the Seaman’s law and §10 in the law of Seamen’s working hours; prohibit the crew from disembarking in Spain, unless service demands; and to see to it that any other person travelling along does not embark in Spain, unless he has the permit mentioned in §3. If the Commander neglects this paragraph, punishment will be by fine.

§5. About Swedish ships destined to Spain his Majesty has the authority to demand that the ship should embark from a certain port to let a special authorized Controlling Officer embark or board, and that above-mentioned Controlling Officer should be allowed to go along with the ship and, as regulated in detail, control the cargo and the passengers, and the Commander is obliged to allow war ships belonging to a country stated by his Majesty to be investigated, if the Controlling Officer is on board. If the Commander neglects this paragraph, punishment will be by fine.

§6. What in this law regards Spain also relates to the Spanish possessions and the Spanish zone of Morocco

§7. If violation of §2 has been committed outside Sweden independent of what is stated in Chapter 1, §1 in the penal code, the violation may be prosecuted here in Sweden. The prosecution should in a case like this be carried out at the municipal court in Stockholm. Legal court cases of violation of §4 and §5 as stated in the Seaman’s law §89 should have the same applicability. Other violations of this law than the one now mentioned should be prosecuted in the common court. The prosecution is executed by the common prosecutor.

§8. The fines imposed according to this law should fall to the Crown. If means to pay the fines are missing, they should be converted according to common law.

§9. His Majesty should inform necessary stipulations about the application of this law.

Both Swedish houses (First and Second Chamber) approved the new law a few days later (March 5th 1937). In the First Chamber it was approved by all votes against one. In the Second Chamber it was approved with 182 to 6.

Several cases against the new law came up during the next year. During Spring 1938 three Swedish volunteers contacted the Swedish Consulate in Paris. They needed money for the trip home to Sweden. The Swedish Foreign Minister Rickard Sandler then contacted a fellow Social Democrat involved in the aid to Republican Spain. He asked, unofficially, if any of the help organizations could pay for the men at the Consulate. If the Consulate paid there would automatically be a formal investigation of when these men went to Spain and if there were any violations of the law against Swedish volunteers in Spain...
This is one of several cases where the Swedish government managed to get past their own law. In September 1938 Spain declared at a meeting of the League of Nations that all foreign volunteers should be evacuated. Suddenly more than 150 Swedes would be sent home. The Swedish government adjusted to the new situation by suspending the law. According to a circular from the government all men who had enlisted before October 21st 1938 would be free from prosecution when returning to Sweden. When the International Brigades were dissolved, the law against Swedish volunteers was no longer necessary. The Spanish Support Foundation wrote a formal request to the Swedish government where they asked them to pay for the transport home of the Swedish volunteers. The Swedish government’s response was positive and they also gave foreign refugees entry permits if they had been in Sweden before they enlisted in Spain. Finally they agreed to try to get those Swedish prisoners held by the Nationalists exchanged. In other words - no one had to pay any fines or serve any time in prison for participating in the Spanish Civil War even though Sweden had created a law against it.