Press request for access to information in a closed criminal case
Supreme Court order 9 March 2021, HR-2021-526-A, (case no. 20-106562STR-HRET), criminal case, appeal against order.
Verdens Gang AS (Counsel Halvard Helle), The Association of Norwegian Editors (intervener), The Norwegian Union of Journalists (intervener) (Counsel Halvor Manshaus) v. The Public Prosecution Authority represented by the Director of Public Prosecutions (Counsel Ane Sydnes Egeland)
Justices: Indreberg, Matheson, Bull, Falch, Bergh
A newspaper had requested access to documents in a closed criminal case, concerning investigation of a high-ranking police officer for dealings with weapons. In its request, the newspaper invoked the provision in Article 10 ECHR on the freedom of expression. The Supreme Court found, referencing recent case law from the European Court of Human Rights, that the provision entitled the newspaper to information in the case, but that it only concerned documents that had already been disclosed in connection with the reasoned prosecution order. This would, by far, give sufficient basis for public debate, while the recommendation for prosecution decision, which the newspaper had requested to see, would have limited significance for the public's assessment of the case. As for the access to police statements submitted by the suspect, the interference with his privacy that would entail had to be given considerable weight. Consequently, the interference with the freedom of expression a refusal of access to these documents represented, was both sufficiently and proportionally reasoned, see Article 10 ECHR.