Fosen activists could not be punished

Thirteen activists affiliated with the Norwegian Sami Association’s Youth Committee and Nature and Youth entered a government building in Akersgata, where they staged a sit-in in the reception area. The protest was held 500 days after the Supreme Court’s judgment in the Fosen case, which found that wind power development on the Fosen Peninsula violated the rights of Sami reindeer herders. The demonstrators protested what they perceived as an ongoing human rights violation.

The protest began on the Friday of the 2023 winter holiday. On Sunday evening, the Ministry requested police assistance to remove the demonstrators. In the early hours of Monday, the police issued an order to vacate the premises. When this was not complied with, the demonstrators were carried out and transported to the central police station at Grønland. They were released shortly after being registered. Each was later issued a fine of NOK 5,000.

The Supreme Court, in agreement with the majority of the District Court and the dissenting minority in the Court of Appeal, held that the demonstrators could not be punished. Peaceful demonstrations may only be met with the threat of criminal sanctions where particularly compelling reasons exist. In this case, the demonstrators had acted peacefully and respectfully; the protest was no more disruptive than necessary to convey their message, and the accused had no alternative means of expression that would have been less disruptive yet equally effective.

The Supreme Court placed significant weight on the fact that the detention at the central police station was both unnecessary and lacked a legal basis. As a result, the imposition of criminal sanctions was deemed disproportionate, and the prosecution’s appeal was dismissed.

The judgment reaffirms established case law that peaceful demonstrators who have been subjected to unlawful deprivation of liberty cannot, in principle, be punished.

Read the judgment from the Supreme Court (Norwegian only) (PDF)

Key paragraphs: 40–44

Areas of law: Criminal law and criminal procedure. Article 101 of the Constitution, Article 11 of the ECHR.

Justices: Øie, Falch, Høgetveit Berg,Thyness, Stenvik