Climate activist acquitted after a demonstration within a ministry
Supreme Court judgment 31 March 2023, HR-2023-604-A, (case no. 22-146588STR-HRET), criminal case, appeal against judgment.
A (Counsel John Christian Elden) v. The Public Prosecution Authority (Counsel Peter Andre Johansen)
A climate activist associated with the environmental movement Extinction Rebellion had, together with a number of others, entered the open public area of a ministry and sat down on the floor as part of a peaceful demonstration against Norwegian nature and climate policy. After refusing to leave the premises, she was arrested by the police and detained for more than six hours. She was then fined for violating section 30 (1) cf. section 5 of the Police Act. The fine was upheld by the Court of Appeal. When assessing whether the interferences against the activist constituted a violation of the freedom of assembly under Article 101 of the Constitution and Article 11 of the ECHR, the Supreme Court took as its starting point an overall assessment of whether the measures the police had taken were necessary and proportionate. In its individual assessment, the Supreme Court found that the fine, seen in the light of the previous arrest and deprivation of liberty, involved a disproportionate interference with the activist's right to participate in peaceful assemblies and demonstrations. She was therefore acquitted.
Area of law: Human rights. Freedom of assembly, Article 101 of the Constitution. Article 11 of the ECHR.
Key paragraphs: 37–38, 59, 70–71, 75 og 77.
Justices: Webster, Falch, Bergh, Steinsvik og kst. dommer Elsheim