Verdict: Lawsuit regarding prison regime and claimed violation of human rights (ECHR)

Oslo district court has a verdict in the lawsuit where Anders Behring Breivik sued the Ministry of Justice and Public Security (The State).

Read the verdict (Only in norwegian)

The verdict

The court decided in favor of the plaintiff on the issue regarding the European Convention of Human Rights, article 3. This relates to "inhuman or degrading treatment or punishment".

The verdict says regarding article 3 of the European Convention on Human Rights: "The prohibition of inhuman and degrading treatment represents a fundamental value in a democratic society. This applies no matter what - also in the treatment of terrorists and killers."

The court finds no violations on the issue about the European Convention of Human Rights, article 8. According to the courts ruling, the State also have to pay the plaintiffs legal fees, this on approximately NOK331 000.

 

The trial

The proceeding was held in in Skien prison in Telemark the 15th to 18th of March. Anders Behring Breivik had filed a lawsuit against the Ministry of Justice and Public Security. He claimed that the treatment he receives in prison violates his human rights, specifically article 3 and 8 in the European Convention of Human Rights, article 3 relates to "inhuman or demeaning treatment or punishment", while article 8 says that "everyone has the right to respect for his private and family life".

A main theme was the extent of isolation that is being imposed on him by the prison regime. The Government stated on their side that the prison conditions are well within the directions drawn up by the ECHR jurisprudence.

 

About the plaintiff

Anders Behring Breivik was found guilty of killing 8 people in Oslo and 69 at Utøya on 22 July 2011. In August 2012 he was sentenced to 21 years preventive detention.  He is serving the sentence under a regime of particularly high security, at Telemark prison in Skien.