New grand chamber hearing in the Supreme Court: Strip searches in Bergen prison - Possible violation of Article 3 of the ECHR
The Supreme Court's Appeals Selection Committee decided on 7 November that the appeal against Borgarting Court of Appeal's judgment 24 August 2023 will be heard by the Supreme Court.
Strip searches in Bergen prison. Possible violation of Article 3 of the ECHR and right to effective remedy under Article 13, and whether a declaratory judgment can be requested together with a judgment on compensation for human rights violations.
On 21 November 2023, Chief Justice Toril Marie Øie decided that the issue of violation of Article 3 ECHR will be heard by the Supreme Court sitting as a grand chamber.
The parties to the case are:
The State represented by the Ministry of Justice and Public Security
(The Office of the Attorney General represented by Henriette Lund Busch)
v.
A, B, C
(Counsel Maria Hessen Jacobsen)
Plenary and grand chamber hearings
Most cases in the Supreme Court are heard by a division composed of five justices. Cases of particular importance may be heard by a grand chamber composed of eleven justices or by the plenary composed of all available justices.
When determining whether to refer a case to the plenary or a grand chamber, regard is had to whether it raises issues of conflict between ordinary legislation and the Constitution or treaties by which Norway is bound through international cooperation.