Posts Tagged ‘“Lex” Breivik’
Labor coalition government law proposal may be unconstitutional and in violation of human rights
The proposed law changes which the Labor coalition government are trying to rush through the Norwegian parliament before the trial against Anders Behring Breivik takes place may be unconstitutional, Aslak Syse, institute leader and professor of public law at the University of Oslo, said to TV2.
Syse told TV2 that the law proposal to introduce a form of life imprisonment consisting of isolation might be in violation of the European Convention on Human Rights.
Syse also explained that the law proposal may conflict with the Norwegian Consitution which prohibits laws from having retroactive powers in relation to crimes that have already been committed when a law is introduced.
The Norwegian Lawyers Association has written in its hearing response that the relationship of the proposed law changes to human rights have been too briefly discussed, and that consideration to justice appears to have been put aside without sufficient reason, writes Bergensavisen.
The Norwegian Doctors Association is also critical of the law proposal. According to Bergensavisen, the association in the hearing response calls for a more thorough evaluation of the changes that are proposed in order to safeguard that they do not violate human rights and Norwegian law.
Google translation:
The bill that will provide Breivik life may be illegal
28.03.2012
The government’s new bill that will ensure that Anders Behring Breivik must sit imprisoned for life may be in conflict with the Constitution and the European Convention on Human Rights.
This view, one of the most prominent law professors in the country. After the terrorist attacks on 22 July last year, many asked the question of how can one be certain that Anders Behring Breivik not on the street again….
“It’s been too easy on everything Breivik, or condemned, the rule of law in this draft, and put too much emphasis on the police to have overcome both ends,” says head of department and professor at the Institute for Public Law at the University of Oslo Aslak Syse….
But Syse, as one of the foremost experts in the Norwegian welfare law, the opinion may violate both the European Convention on Human Rights (ECHR) and the Norwegian constitution.
ECHR is made a part of Norwegian law. And if other Norwegian rules are contrary to the provisions of the ECHR, the ECHR obligations take precedence over other Norwegian rules.
“It is envisaged that this could be one of life imprisonment where large parts shall be made in isolation. It is both prohibited against inhuman treatment in the European Convention on Human Rights. In addition, it also questions whether or not this is retrospective in relation to the Constitution’s ban on retroactive punishment because the crime was committed in what we now adopt new sanctions,” saying Syse to TV 2….
Original article: Lovforslaget som skal gi Breivik livstid kan være ulovlig
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Google translation:
“Lex Breivik” meets resistance
3/29/2012
The Government’s proposals for a mental health care encounters resistance from a variety of sources.
“Small through work,” “rush through” and “strong concerns”, says worrisome feedback.
The law has colloquially been referred to as “Lex Breivik.” Health and Care Services has not hidden the fact that it is important to establish a stricter set of rules that can be used if the terrorist suspect Anders Behring Breivik is sentenced to forced transfer to mental health care….
From academic communities in both law and psychiatry are cautioned strongly against introducing a law that seems to be specially made to provide increased security around one person….
Bar Association says the bill appears to be low throughout the work.
“Relationship to human rights has not been much discussed. On the whole, seems of law to be set aside without sufficient justification,” writes Berit Reiss-Andersen and Merethe Smith Bar Association in its response.
Bar Association believes such a law requiring better preparation and more detailed environmental impact assessment. This is supported by the Norwegian Medical Association. They have requested a more thorough, principled discussion, followed by a national, comprehensive plan.
“The described measures must be regarded as very radical, and it must be ensured that they do not violate human rights and our own legislation,” writes General Geir Riise.
Only three weeks’ notice
Many of the bodies consulted have an understanding of the need for new rules for the special situation that has arisen following the terrorist attacks. Yet ask many questions in that work is progressing so quickly.
The proposed amendment was only out for consultation for three weeks. Normally, the period shall be three months and not less than six weeks. The Ministry has an opportunity to depart from the rules under special circumstances….
Original article: “Lex Breivik” møter motstand
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Related post: Lippestad: Law changes for Breivik would be a democratic problem and a threat to justice
