The validity of a decision to refuse parole
Supreme Court judgment of 10 March 2011, HR-2011-00516-A (case no. 2011/231), civil case, appeal against judgment
A (Counsel John Christian Elden) v. The state represented by the Ministry of Justice (Counsel Ingrid Skog Hauge)
Justices: Tønder, Akerlie, Noer, Øie, Skoghøy
The case concerns the validity of a decision to refuse parole. The question before the Supreme Court was whether the refusal constituted a violation of Article 97 of the Norwegian Constitution and/or Article 7 of the European Convention on Human Rights because it was made pursuant to parole rules that were stricter than the rules that applied at the time the criminal act was perpetrated and at the date of conviction. The Supreme Court held that the defendant had no justified expectation, either at the date of the criminal act or at the date of conviction, of release on parole after 12 years in prison that was protected against subsequent changes in court practice or legislation. The public administration was entitled to change the rules and make them more stringent with effect for persons already serving sentences. The defendant had no immunity against legislation which introduces stricter rules either. Abolition of legislation which provided for parole after 12 years imprisonment was not a breach of the prohibition against retroactive legislation and the requirement of predictability in Article 97 of the Constitution and ECHR Article 7. ECHR Article 7 does not implicitly impose on countries that have a system of parole an obligation to have clearly defined rules for when parole shall be granted. The Supreme Court rejected the appellant’s direct appeal against the judgment of the District Court