Heeding Devils Advocate’s call, an attempt to clarify applicable law might be in order. Regrettably, I fall short of DA’s preferred requirements. And the standard exemption clause obviously applies: these are just my opinions, nothing more.
The contention that a captain has an absolute right to disembark anyone form his aircraft seems at first legitimate. However, the law paints a different picture and imposes limitations on this authority. The powers of the commander are in no way absolute. Assuming that they are, is asking for trouble.
As this incident took place in Sweden, it follows from my understanding that the aircraft is obliged to comply with Swedish legislation. Where the aircraft is registered is of little significance.
The Swedish Aviation Act states in Chapter 5 paragraph 3 section 2 that the Commander may disembark or refuse boarding of crew members, passengers or goods when the circumstances require it (my translation). The wording of this paragraph, read alone, gives the commander a rather extensive power of judgement.
The preparatory papers are not of much help in establishing concrete examples of circumstances that require off-loading of passengers, other than stating that good aviation custom should be followed (again, my translation). I’ve also tried to find previous case examples to no avail.
Judging by previous posts, it seems as if the Captain has been charged with unlawful discrimination (Chapter 16 paragraph 9 of the Swedish Criminal Code. Simplifying a bit, unlawful discrimination takes place when someone is intentionally being treated unfairly in comparison to others (by an enterprise, business or employee of one).
If an action is found to fulfil the requisites of unlawful discrimination, then the circumstances have not required off-loading. I suspect that one of the key questions is whether or not these passengers had been off-loaded had they had different features and lighter skin colour.
I haven’t taken part of any concrete facts, therefore, these points are just of a hypothetical nature. However, when a prosecutor in Sweden takes a case to trial, he/she does it on the grounds that they believe in a conviction. It is therefore not comparable to civil suit fishing expeditions.
Cosmo