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Norway seeks to overturn ruling it violated killer Breivik's rights


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Norway seeks to overturn ruling it violated killer Breivik's rights

By Alister Doyle

 

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FILE PHOTO: Norwegian mass killer Anders Behring Breivik attends the second day of his terrorism and murder trial in Oslo, Norway, April 17, 2012. Pool/File Photo

 

SKIEN, Norway (Reuters) - Norway will appeal on Tuesday against a court ruling that it violated the human rights of mass killer Anders Behring Breivik by keeping him too isolated in jail after he massacred 77 people in 2011.

 

Lawyers for the state will argue at the Jan. 10-18 appeal that draconian measures, including hundreds of strip searches and no contact with other inmates, have been fully justified for an unrepentant 37-year-old far-right extremist.

 

On July 22, 2011, Breivik killed eight people with a home-made bomb outside the prime minister's office in Oslo and then gunned down 69 others on an island near the capital, many of them teenagers attending a youth camp of Norway's then-ruling Labour Party.

 

Last April, Oslo district court shocked survivors and relatives of the dead by finding that the state had violated a ban on "inhuman and degrading treatment" under the European Convention on Human Rights.

 

Judge Helen Andenaes Sekulic ruled that Breivik was wrongly kept in a "locked world" for 22-23 hours a day, even though it comprised the apparent comfort of a three-room cell with a training room, television and newspapers.

 

The appeal will be heard in a converted gym at Skien jail where Breivik is serving Norway's longest sentence - 21 years with the possibility of an extension. Breivik's only contacts are lawyers and professionals such as guards and health workers.

 

Breivik spent his last court appearance complaining of microwaved food and cold coffee and began his appearance with a Nazi salute.

 

"It should be obvious that human rights laws apply to everyone irrespective of how atrocious their crimes," said Yuval Ginbar, a legal adviser at Amnesty International.

 

International 'Nelson Mandela' guidelines, named after the former South African president who was jailed for 27 years for opposing white rule, demanded that all prisoners have "meaningful human contact" with others, Ginbar said.

 

In Breivik's case, Norway's attorney-general argues that that is extraordinarily hard. Breivik's mother was the only family member who wanted to visit him, hugging him shortly before she died of cancer in 2013.

 

In recent months there has been some slight easing of Breivik's detention conditions. His lawyer has been allowed to talk to him from between bars rather than through a glass wall.

 

Breivik plans to appeal separately after the Oslo court dismissed his complaint that Norway has violated his right to a private life and correspondence under the European Convention on Human Rights.

 

The state argues that censorship of his letters is necessary to prevent him inciting violence.

 

(Reporting By Alister Doyle; Editing by Gareth Jones)

 
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-- © Copyright Reuters 2017-01-10
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If proven that he has been abused by the state he must be released with compensation. Germany does similar if a murderer is a persons of migratory background snd have been a victim of abuse - even called names - they can never be deported or punished. We must protect human rights as part of a civilized society.

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1 hour ago, TankerWeams said:

If proven that he has been abused by the state he must be released with compensation. Germany does similar if a murderer is a persons of migratory background snd have been a victim of abuse - even called names - they can never be deported or punished. We must protect human rights as part of a civilized society.

Words fail me. Madness.  Breivik should never, ever, ever see the light of day. He has forfeited any rights and is a scourge and should be treated as the cancer he is.   

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So called common sense is no longer applicable in any court of law. I first read about this judgment when I was in Australia, at the same time the Australian Human Rights Commissioner was awarding $30,000 to a man who murdered his wife and unborn child. It sounds ridiculous but both of these Judges have applied the law as written, Stalin had it right, first act after invading a country is shoot all the Lawyers.

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3 hours ago, Bobobirdiebuddy said:

Words fail me. Madness.  Breivik should never, ever, ever see the light of day. He has forfeited any rights and is a scourge and should be treated as the cancer he is.   

Even keeping him in jail is a price the taxpayers should not have to pay. Give him the Chinese execution bullet in the back of the head. This case just shows the weaknesses of an overly just society carrying things to extremes. All you do by giving him a lengthy jail sentence is to add fertilizer to a fertile mind to come up with ways to exploit the system and there are many. 

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The problem is this is in Norway where human rights is more important than anything else. 

 

I wish we could just send him to the US, he would just have to accept his faith in a US prison where he would never see the light outside a prison ever again . 

 

 

Edited by balo
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If the legal system is going to function we do need to follow the law. ABB will never be a free man, that is quite sure, but as an inmate he does have rights and regardless of his crime, they must be followed... I am from Norway, I don't like him and I am quite sure he will have a 

'hard" time in the shower, but that's not the case. He is currently using several cells, and he has a better life than many of our senior citizens which is completely wrong! BUT, we have to follow the human rights and some things can/should not happen... there is for example no reason for 20 strip searches in one day...he should be allowed contact with other inmates as it really does not matter if he killed one or 77.

 

it is quite an interesting case and it show what's wrong with our system but also what is good.

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Humane treatment should mean that we do not torture you, we do not starve you, and we provide you with certain necessities such as a toilet, bed, blanket and medicine. Other than that, you should consider yourself lucky that you didn't get one behind the ear!

 

As for the craziness of the courts and lawyers, it has little to do with humanity and everything to do with job security. Parasites!

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1 hour ago, snowflake said:

If the legal system is going to function we do need to follow the law. ABB will never be a free man, that is quite sure, but as an inmate he does have rights and regardless of his crime, they must be followed... I am from Norway, I don't like him and I am quite sure he will have a 

'hard" time in the shower, but that's not the case. He is currently using several cells, and he has a better life than many of our senior citizens which is completely wrong! BUT, we have to follow the human rights and some things can/should not happen... there is for example no reason for 20 strip searches in one day...he should be allowed contact with other inmates as it really does not matter if he killed one or 77.

 

it is quite an interesting case and it show what's wrong with our system but also what is good.

It does matter that he killed 77!  

Shame on you and any other Norwegian who thinks this. Those kids had promising lives. They were tortured, maimed and hunted down and killed by him that day!  

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15 hours ago, TankerWeams said:

If proven that he has been abused by the state he must be released with compensation. Germany does similar if a murderer is a persons of migratory background snd have been a victim of abuse - even called names - they can never be deported or punished. We must protect human rights as part of a civilized society.

obvious troll is an obvious troll.

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Yes it mater

1 hour ago, alex8912 said:

It does matter that he killed 77!  

 

Yes it does matter.

As a Norwegian I am ashamed of this whole trial , since we do not have a death penalty he should be locked up for life and his name should never be mentioned again .  

 

 

 

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20 hours ago, TankerWeams said:

If proven that he has been abused by the state he must be released with compensation. Germany does similar if a murderer is a persons of migratory background snd have been a victim of abuse - even called names - they can never be deported or punished. We must protect human rights as part of a civilized society.

 

Breivik has 3 cells to his disposition.

All three have a bathroom and toilet.

1st is his livingroom, so to speak.

2nd is his exersize room with some exersize contraptions.

3rd is his office with television and playstation, among other things, but no Internet.

The guards don't want to speak with him no more because he is always complaining and baiting them.

He has his own place outside to get some fresh air.

This I have from Norwegian newspapers as I speak, read and write the language also.

A murderer who murdered 77 young people?

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Yes he is a serial killer and should be behind bars forever, and he will be... but, as long as Norway keep fronting human rights we can not disregard them when we don't like it, we have to follow them no matter how painful it might be. He might have it to nice in his cell, I have seen the newspaper layout and I do feel ashamed about that but there are certain things that can be changed, we are not benefiting from him going even more crazy inside jail. If one inmate does not have basic human rights, then when to choose?

 

personally I would not mind seeing him torn to pieces by dogs, but that's not in the book (sorry to all you bloodthirsty people), so we follow the law we have. He did have some valid points when he won the first trial, as the judge even had conceded.

 

he is in jail, and it's important to treat him humane, even if he does not deserve it!

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11 hours ago, F4UCorsair said:

Subcontract his detention out to Sheriff Joe Arapaio down in New Mexico.  Joe'll fix him.

 

3 hours ago, Yahooka said:

Arapaio was voted out of office in the November elections.
 

Former Sheriff Arpaio was voted out of office after 24 years and is now facing federal charges.   He was the Sheriff of Maricopa County, Arizona.   Maricopa County contains the city of Phoenix.  

 

Now, back on topic, please.  

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