Sentence for participation etc. in ISIL
Supreme Court judgment 4 September 2018, HR-2018-1650-A (case no. 18-044407HRETSTR), criminal case, appeal against judgment. A (Counsel John Christian Elden v. The public prosecution authority (Counsel Frederik G. Ranke)
Justices: Bergsjø. Møse, Falch, Berglund, Utgård
The sentence for violation of section 147 (d) of the Penal Code 1902 and section 136 (a) of the Penal Code 2005 was nine years of imprisonment. The convicted person had participated in the terrorist organisation ISIL from the turn of the year 2013/2014 until December 2015. The participation consisted of actively helping Norwegian foreign fighters – economically and otherwise - in connection with their travels to Syria to join ISIL and while they were fighting for the organisation there. He was also convicted under section 147 (d) of the Penal Code 1902 of having recruited two members to ISIL, and of having given economic and material support to two other members. The participation, the recruiting and the economic and material support were regarded as separete punishable acts. The grounds of the court of appeal were adequate leaving no doubt that the court had based its judgment on the correct standard of proof or as to why the defendant was convicted. In its sentencing, the Supreme Court took into account the description of ISIL as the one of the worst terrorist organisations of our time. Such organisations represent a large threat to the safety of the public and to our democratic values, and for general deterrence reasons it must be reacted strongly to these types of crimes. The convicted person's appeal against the court of appeal's application of the law, procedure and sentence was dismissed.