Norwegian Supreme Court rejects appeal to broadcast Breivik testimony

The Norwegian Supreme Court has rejected an appeal by the Norwegian Editors Association of the decision by Oslo District Court (Tingrett) to not allow Breivik’s testimony to be publically broadcast, reports NRK.

According to the Norwegian constitution, citizens have the right to follow trials.

NRK reports that in the trial against Anders Behring Breivik, not a singe person from the general public will be allowed inside the courtroom. One hundred forty (140) members of the public will be permitted to watch a televised broadcast of the proceedings in another room.

Google translation:

Supreme Court rejects appeal from the press
4/13/2012

Supreme Court rejects media appeal of the District Court’s decision not to allow the transfer of Anders Behring Breivik explanation.

In ruling from the Supreme Court states that the appeal of the Norwegian Press Association and the Norwegian Association for the editor to broadcast Anders Behring Breivik’s testimony in court is rejected.

But the media can transfer directly from the experts’ testimony during the terror trial, it was also decided today….

The confusion around Anders Behring Breivik’s mental health allows as much as possible of the trial should be broadcast, according to the Norwegian press.

Therefore, the editors asked again for permission to send part of the explanation to Breivik on TV and radio.

Previously, the Oslo District Court and Court of Appeal said no to the transfer.

The court believes they can deny broadcast because it will cause an unreasonable burden on families and victims….

Original article: Høyesterett avviser pressens anke
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Google translation:

“Like you do in dictatorships”
12.apr.2012

Per Edgar Kokkvold of the Norwegian Press Association believes it is very important that Anders Behring Breivik explanation on TV. Now the case is heard by the Supreme Court.

The Court of Appeal rejected the 27 March TV transmission of Anders Behring Breivik’s testimony during the trial of terror. But the Association of Norwegian Editors and the Norwegian Press Association has appealed the case to the Supreme Court.

Secretary General of the Norwegian Press Association Per Edgar Kokkvold think it’s important that people get to see Breivik statement. This is especially because the expert report, issued Tuesday concluded that he is sane, contrary to the initial report….

- Not a rule worthy

Criminal Law Professor Alf Peter Hogberg also find it problematic that the explanation will not be televised. He justifies it with the rule of law to the mass murderer.

- The fact that his testimony will not be broadcast if the complete story becomes. It should include broadcast accusations, but you can not hear the defendant himself. It is not a rule of law worthy, that’s how you do in dictatorships. And the decision of this happens at some point the court will not even have a sense of guilt. It creates an imbalance in relation to the defendant, said Hogberg.

- So you think his statement should be broadcast?

- Whether to broadcast the rest, including the charges, then one should probably it. I also mothensyn, to protect those who are victims of this. But do you make a cross with some shows and some TV broadcasts. It is shameful. Either let one be to broadcast or the broadcast everything, he said….

Original article: “Sånn man gjør i diktaturer”
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Google translation:

Thus Breivik-trial
04.15.2012

For ten long weeks in the spring of 2012, the world’s attention will be focused on selling 250 in Oslo Courthouse and the trials against accused terrorist Anders Behring Breivik (33)….

Although the press does not have the right to broadcast the entire trial, the main negotiations in the Norwegian courts generally public.

This means that it is still allowed to refer what is said inside the courtroom, even if you can not send audio and video on TV or radio.

Public access in the courts also means that anyone who wants to follow the hearing from the audience is entitled to it on a par with journalists and the victim.

In Breivik issue is the main hall closed to the general public, but it’s set up a separate room on the same floor is reserved for the public.

Magistrate Geir Engebretsen said that the public who wish to follow the case from the courthouse can expect a comprehensive safety check before they are inserted. Due to lack of space also applies the principle of “first come first served.”

There are 140 seats in total, and those who want to follow the trial must obtain passes in the Court of Appeal as the court one day in advance. It is not possible to reserve tickets….

Original article: Slik blir Breivik-rettssaken
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Related post: Appeal of decision not to allow public broadcast of Breivik testimony rejected

Appeal of decision not to allow public broadcast of Breivik testimony rejected

The Court of Appeal (Borgarting lagmannsrett) has rejected the appeal of the decision by the Oslo District Court (Tingrett) not to allow Anders Behring Breivik’s testimony to be broadcast to the public, reports Verdens Gang (VG).

The decision was appealed by the Norwegian Editors Asssociation and the Norwegian Press Association, as well as by Breivik’s lawyer, Geir Lippestad.

Leader of the Norwegian Editors Association, Nils Øy, says that the organization is considering whether to appeal to the Norwegian Supreme Court, writes Dagsavisen.

Due to the decision by the court to reserve almost all seats in the courtroom for the press and victims and their relatives, the Oslo District Court has broken with the tradition common in democracies in which regular citizens have the right to follow court cases in person in their entirety in order to ensure that judges follow the law and that trials are fair.

Google translation:

No TV transmission of Breivik’s explanation
27/03/12

The media will not transfer Anders Behring Breivik’s explanation in the Oslo District Court, the Court of Appeal ruled….

The Court concludes, however, that there has not been any wrong interpretation of the law in court, and reject the part of the appeal. The judges rejected the other arguments in the appeal paper.

The ruling shows that the interests of those affected and bereaved weighs heavily, giving the court the opportunity to refuse “photography or recordings” that will lead to an “undue burden”….

Original article: Ingen TV-overføring av Breiviks forklaring
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Google translation:

TV censorship
29 March 2011

The Court of Appeal has upheld the District Court’s decision that Anders Behring Breivik’s explanation can not be communicated directly off the television.

This is a form of censorship. The Court is completely outdated when it comes to relate to today’s media world….

Population, not just those that are present in court, is entitled to consider whether it can really voice that Breivik is irresponsible. Consideration for the relatives can not stand over the public right of access. Television pictures will help remove some of the doubts about the man’s mental condition. There is no question of giving Breivik a soapbox for their insane political opinions, but to document the main issue in the most severe trial in post-war period. Norwegian Editors’ Association considers whether the case should be brought before the Supreme Court. Our request is that you have to do….

Original article: TV-sensur
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Court decision (in Norwegian): PDF

Related post: Court decision to deny public broadcast of Breivik’s testimony appealed

Related post: Oslo District Court denies broadcast of Breivik’s testimony to the public

Court decision to deny public broadcast of Breivik’s testimony appealed

The Norwegian Editors Association and the Norwegian Press Association have appealed the decision by the Oslo District Court (Tingrett) to deny permission for the public broadcast of Anders Behrik Beivik’s testimony, Dagens Næringsliv reports. “The degree of public interest is without comparison in recent Norwegian court history,” the associations write in the appeal.

Breivik’s lawyer, Geir Lippestad, has also appealed the decision according to Rogalands Blad. “The accused believes that his views and explanations at times are taken completely out of context and are used to assign him attitudes and opinions he does not have. Only by the court permitting the broadcast of the accused’s testimony can he get an opportunity to give a conherent explanation of his actions and the background for these,” Lippestad writes in the appeal.

“A broadcast testimony will also give people a possibility to get a more nuanced view on Breivik’s accountability,” Lippestad writes.

Due to the decision by the court to reserve almost all seats in the courtroom for the press and victims and their relatives, the Oslo District Court has broken with the tradition common in democracies in which regular citizens have the right to follow court cases in person in their entirety in order to ensure that judges follow the law and that trials are fair.

Google translation:

The press want to film Breivik explanation
03/15/2012

Press Association and Editors Association has appealed that Behring Anders Breivik’s testimony should not be filmed at the trial. They point out that the case is extraordinary.

“The degree of public interest is unprecedented in recent Norwegian legal history,” said the appeal, which is passed on Court of Appeal.

Oslo District Court ruled last week that it would be a severely limited access to the broadcast of the case. Among other things, decided that it should not be allowed to broadcast the defendant’s explanation.

Norwegian Press Association and the Association of Norwegian Editors believes the court has made a number of miscalculations. They believe the decision is based on an incorrect legal interpretation and application of law, errors of fact and that it constitutes a disproportionate interference with freedom of expression.

Press Association and Editors Association appeals the decision that the press can not shoot Behring Anders Breivik’s testimony during his trial. They point out that the case is extraordinary….

Original article: Pressen vil filme Breiviks forklaring
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Google translation:

Want TV coverage
3/20/2012

Anders Breivik Behring believes the trial against him is unbalanced if he can not explain himself in open cameras and anchor refusal by Oslo City Court.

Monday sent a lawyer Geir Lippestad appeal against the refusal of direct transfer of Breivik’s statement to the Court of Appeal. Lippestad refers to the application from the Norwegian Press Association and the Association of Norwegian Editors who also has appealed the decision that the expected five-day explanation from Breivik not be broadcast.

Lippestad mentions that the decision to deny the transfer based on incorrect interpretation of the law, improper application of law and errors of fact and that it will lead to an oversimplified public reproduction of the contents in the main proceedings.

“The decision not to allow the broadcast of the defendant appealed to this explanation of the accused’s request,” says the appeal paper.

He writes that a direct transfer from the court will ensure Breivik a possibility that the public can access the explanation, “as it actually performed….”

Original article: Vil ha TV-dekning
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Related post: Oslo District Court denies broadcast of Breivik’s testimony to the public