22. juli-senteret

The trials Breivik vs the State 2016–2017

On 1 July 2015, Breivik brought legal action against the Norwegian State for violation of Article 3 of the European Convention on Human Rights (ECHR) regarding inhuman and degrading treatment, and Article 8 on the right to privacy and correspondence, and for a lack of treatment of his mental vulnerabilities.

Breivik wanted more contact with like-minded people outside of prison and claimed that he suffered from the harms of being kept in isolation. Breivik is serving under a strict security regime because he is considered a potentially very dangerous inmate.

In March 2016, the trial began in Oslo District Court, which, for security reasons, took place in the high security prison in Skien. On 20 April 2016, Oslo District Court ruled in favour of Breivik’s claim that the prison conditions were in violation of ECHR Article 3 concerning inhuman or degrading treatment. The Norwegian state was sentenced to pay NOK 330,000 in legal costs, but was found not guilty of violating Article 8 concerning respect for privacy.

The judgment was appealed to Borgarting Court of Appeal, where the state was acquitted on 1 March 2017.  The Court of Appeal emphasised the consistent threat of violence both by and against Breivik in prison. The Court emphasised the strong social considerations that means Breivik must not be given an opportunity to establish an extreme right-wing network in and outside prison.

Breivik appealed the Court of Appeal’s judgment to the Supreme Court, which dismissed the case. Breivik brought the case before the European Court of Human Rights (ECtHR) in Strasbourg, which rejected Breivik’s application on 21 June 2018. The application was considered ill founded.

Breivik again attempted to use the District Court case to promote his extreme right-wing message, which he was only allowed limited time to do.

 

References

Domstol (2017) Anders Behring Breivik (advokat Øystein Storrvik) mot Staten v/Justis- og beredskapsdepartementet (Regjeringsadvokaten v/regjeringsadvokat Fredrik. Sejersted). https://www.domstol.no/globalassets/upload/hret/avgjorelser/2017/avgjorelser-juni-2017/saknr-2017-778-breivik.pdf

Zondag, M. H. (2018, 21. juni) Breiviks klage på soningsforholdene avvist av Strasbourg: – Dette løpet er sluttført, NRK. https://www.nrk.no/norge/breiviks-klage-pa-soningsforholdene-avvist-av-strasbourg_-_-dette-lopet-er-sluttfort-1.14093635