Proportionality of extention of preventive detention

A Slovak national was convicted of sexual assault in 2014 and sentenced to preventive detention with a time frame of seven years and a minimum period of four years. The detention period has subsequently been extended. As a consequence of the conviction, the man was also expelled from Norway.

The question before the Supreme Court was whether a further extension of the preventive detention would constitute a disproportionate interference.

The Supreme Court concluded that the conditions for extending the detention by an additional 2 years were met, and that such an extension does not contravene Article 5 (1) (a) of the European Convention on Human Rights (ECHR). However, this provision requires that individuals subject to preventive detention are afforded genuine opportunities for rehabilitation, enabling them to demonstrate that they no longer pose a danger to society. In its individual assessment, the Supreme Court found that the requirements laid down by the ECHR had been met.

The judgment provides guidance on the conditions for extending preventive detention.

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

Area of law: Criminal law. Section 43, see section 40, of the Penal Code. Extension of preventive detention. 

Key paragraphs: 60–63 

Justices: Falkanger, Arntzen, Berglund, Steinsvik, Poulsen