A Norwegian court started hearing a lawsuit brought by Fjotolf Hansen, formerly known as Anders Behring Breivik, on Monday (January 25, 2024). Hansen is suing over his current prison conditions, according to local media reports, claiming they constitute a violation of his human rights. Reports noted that Hansen sought to sue the Norwegian Ministry of Justice directly in this lawsuit, rather than the prison system.
Hansen is a convicted murderer and terrorist who, in 2011, detonated a car bomb in Oslo’s governmental district and subsequently attacked a youth political camp. His actions resulted in 77 deaths and injuries to 42 others. Following his trial, the Oslo District Court sentenced him to a 21-year preventative detention sentence, extendable due to the risk of repeated offences.
Hansen’s attorney clarified at the start of this week’s hearings that they are not seeking a reduction in his sentence. Instead, they are challenging what they deem to be inflexible conditions of his imprisonment, citing a lack of normal human contact. His lawyer claimed these severe restrictions had led to multiple suicide attempts by Hansen in 2018 and 2020.
In response, the state attorney declared the conditions did not cross the line into human rights violations. The attorney argued that solitary confinement was necessary, given Hansen’s continued pride in his past actions. Additionally, they pointed out that Hansen’s solitary confinement suite includes three furnished cells with provisions for physical exercise and access to entertainment.
This lawsuit follows similar legal actions instituted by Hansen in the past. In 2016, he brought a similar case to the European Court of Justice (ECJ), challenging not only his solitary confinement but also the control over his correspondence, his subjection to body searches, and what he deemed a lack of consideration for his mental health. Hansen claimed these conditions violated Articles 3 and 8 of the European Convention on Human Rights, which respectively cover the prohibition of torture and the right to respect for private life. The ECJ ruled against him, dismissing his application as “manifestly ill-founded”. They decided that Norwegian authorities had reasonably balanced societal interest and Hansen’s rights.
The current case continues, offering a fertile ground for debate on human rights within the context of the prison system and punitive measures. It will undoubtedly be closely watched by legal professionals across the globe. However, it remains to be seen what the ultimate ruling of the court will be in this matter.