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Crime Government

Anders Behring Breivik, Norway Murderer, Wins Human Rights Case 491

An anonymous reader writes: Norwegian mass murderer Anders Behring Breivik has won part of his lawsuit against the state over his solitary confinement in a high-security prison, the Oslo district court ruled on Wednesday. Breivik, who killed 77 people in a shooting rampage and bombing attack in 2011 (the country's worst acts of violence since the second world war), was served with "inhuman or degrading treatment," the court found, adding that his conditions must be eased. The court said that the prison violated Article 3 of the European Convention on Human Rights. Brevik had noted that "solitary confinement, as well as frequent strip searches and the fact that he was often handcuffed while moving between cells, violated his human rights." The court, in addition, also ordered the government to pay legal costs of roughly $40,600 for the right-wing extremist. The Guardian reports, "Although Breivik is detained in a three-cell complex where he can play video games, watch TV and exercise, judge Helen Andenaes Sekulic of the Oslo district court ruled that the Norwegian state had broken article 3 of the convention. The prohibition of inhuman and degrading treatment "represents a fundamental value in a democratic society", she said in a written decision. "This applies no matter what -- also in the treatment of terrorists and killers."
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Anders Behring Breivik, Norway Murderer, Wins Human Rights Case

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  • by OffTheLip ( 636691 ) on Wednesday April 20, 2016 @12:53PM (#51949201)
    Norway style. It's that simple really.
  • by Anonymous Coward on Wednesday April 20, 2016 @12:54PM (#51949209)

    Are we supposed to be dismayed that the courts aren't going to ignore his human rights?
    Or is this based on the french concept of prison, where basically you have no rights at all and can be treated like complete shit?

    • by SumDog ( 466607 ) on Wednesday April 20, 2016 @01:06PM (#51949387) Homepage Journal

      I hate how the article talks about how he has access to an xbox or whatever. Solitary confinement is very cruel and unusual. Removing all human interaction is one of the worst things you can do to a human, no matter their crimes. It should only be used when that inmate is in danger from the rest of the prison population.

      Solitary confinement needs to be banned in the US, along with capital punishment. We're the only high income country that has capital punishment, and one of the few that has solitary confinement.

      • by FlyHelicopters ( 1540845 ) on Wednesday April 20, 2016 @01:08PM (#51949407)

        I hate how the article talks about how he has access to an xbox or whatever. Solitary confinement is very cruel and unusual. Removing all human interaction is one of the worst things you can do to a human, no matter their crimes. It should only be used when that inmate is in danger from the rest of the prison population.

        Solitary confinement needs to be banned in the US, along with capital punishment. We're the only high income country that has capital punishment, and one of the few that has solitary confinement.

        Quoted for truth... I agree, the guy is a crappy example of a human being... but he IS a human being, and if you are going to torture him by putting him into a 7 foot by 10 foot concrete box, then you're really no better than he is.

        • then you're really no better than he is

          You were doing so well. Why finish with something so ridiculous?

      • Japan. You are wrong about everything else too. Fuck him.

      • I can't speak for everyone, but I don't think I would care to interact with this person. Can you compel someone to interact with another human? If my job requires me to speak with someone I detest, I can tolerate them for that sake, but otherwise I prefer to ignore those with whom I have no desire to interact.

        I also imagine that for someone like him, the kind of interaction most would like to have is the type where he's left with a shank in his body. Some criminals are loathed even among others and I can
  • Hooray for Norway! (Score:5, Insightful)

    by PvtVoid ( 1252388 ) on Wednesday April 20, 2016 @12:55PM (#51949223)

    Long-term solitary confinement is cruel and inhuman, and should be illegal. Period.

    • by tom229 ( 1640685 )
      Hard to feel sympathy for someone that murdered over 70 children in cold blood, for nothing other than political ideals, when his main complaint is "they leave me alone for too long". By most people's sense of justice he should be hung up by his toes and beaten to death slowly by the parents of the victims. If you had children, or ever lost anyone to political murder, perhaps you'd agree. Now I understand your response is going to be about applying the law equally and how we must uphold basic human rights f
      • Hard to feel sympathy for someone that murdered over 70 children in cold blood

        Having sympathy for such people is what makes us better than him...

        By most people's sense of justice he should be hung up by his toes and beaten to death slowly by the parents of the victims.

        We're not ISIS... if we want to be better than such people, we can't do that sort of thing...

        Now I understand your response is going to be about applying the law equally and how we must uphold basic human rights for all, so you might as well not even bother.

        Without such things as the rule of law, we might as well just be animals and kill each other for our stuff...

      • If we exact vengeance on him, either by letting him into genpop so he can be slaughtered by the other prisoners, or by sentencing him to death, we will be murderers, no better than he his. This is the greatest test any modern system of criminal law can be subjected to.

      • I would expect that the solitary confinement was for his protection. If one of those had been my child, my only priority would be to get put in general population with that guy.
  • Huh (Score:5, Interesting)

    by ShooterNeo ( 555040 ) on Wednesday April 20, 2016 @12:57PM (#51949271)

    Obviously, in the USA (and most other countries), they would treat this man far worse. Most places he would have been executed.

    With that said, while I'm not in favor of harsh punitive treatment in prisons IF it doesn't help prevent crime, nothing in the article sounds unreasonable. He is a dangerous killer - he killed 77 people. It's not unreasonable for his jailers to try to prevent it from becoming 78. He's so dangerous that making him wear cuffs when moving him between cells and preventing him from coming into proximity with other prisoners seem like reasonable precautions.

    Isolation is torture - you might argue he deserves it - but maybe they could let him communicate with other prisoners without physical contact being possible? The lives of the other prisoners and the guards do need to be protected.

    And they seem to have given him a treadmill, a video game system, a TV - a lot of stuff to ameliorate the isolation. They'd never do this in the USA - he'd be probably in a tiny cell waiting in silence for his execution.

    • Re:Huh (Score:4, Insightful)

      by SumDog ( 466607 ) on Wednesday April 20, 2016 @01:15PM (#51949489) Homepage Journal

      The US is the only high income/developed country that still executes people. 1% of American citizens have been through the criminal justice system, more than any other developed country. The American justice system is nothing to compare everyone else to.

      • by cdrudge ( 68377 )

        The US is the only high income/developed country that still executes people.

        Japan, Singapore and Taiwan all have capital punishment and all would have issue being excluded from being considered a high income/developed country.

    • Obviously, in the USA (and most other countries), they would treat this man far worse. Most places he would have been executed.

      He'd be better off because he would not be isolated.

      The rest of us would be better off because we'd not be paying to keep him in inhumane conditions, and he would cause no further trouble for anyone.

      I find it curious that you consider it "better" he essentially be tortured his whole life with solitary confinement and isolation to ponder his crimes rather than simply dispatched with

    • by c ( 8461 )

      The lives of the other prisoners and the guards do need to be protected.

      You're assuming they're doing this to protect other people from him. It's not uncommon to isolate "big name" criminals to protect them from other inmates. I wouldn't be at all surprised if, given the number of victims, there's someone in that same prison who lost a friend or relative in his rampage.

  • by Hentes ( 2461350 )

    This just proves Breivik's point that Norway is too left-wing. I'd love to live in a utopian society where we can be just nice to everybody, where everybody's needs are covered and punishment is unnecessary. But in the real world, there will always be nihilists like this guy who ruin it for the rest.

    • by KozmoStevnNaut ( 630146 ) on Wednesday April 20, 2016 @01:33PM (#51949743)

      No, it proves that Norway is correct.

      By treating him the same as any other prisoner, his intended end result of his actions is nullified. He will not have changed society, he will not have made any kind of political impact, he will be worthless (in his own eyes), the same as everyone else.

      It's the ultimate punishment for a narcissist like him.

    • by guises ( 2423402 )
      Breivik never said that. He hates Muslims, that was the beginning and end to the motivation behind his killing spree. He has since identified himself as a fascist, so... Wait. Maybe I should be responding to the second part of your claim - how on earth does this prove anything about Norway being too left-wing? The fact that they have managed to stick to principles of humane treatment even when it comes to their most hated criminal is, if anything, witness to their strength.
    • by Kjella ( 173770 )

      This just proves Breivik's point that Norway is too left-wing. I'd love to live in a utopian society where we can be just nice to everybody, where everybody's needs are covered and punishment is unnecessary. But in the real world, there will always be nihilists like this guy who ruin it for the rest.

      In an average year, Norway (population ~5 million) has an average of about ~30 murders, mostly knife stabbing and mostly acquaintances, (ex-)partners or family and an average of about ~1.1 victim/incident. Even though a few murders happen with guns, mass murders are pretty much non-existent. He single-handedly tripled the murder rate in Norway that year from 35 other victims to 112 total.

      As far as Norway is concerned, Breivik was a black swan [wikipedia.org] event, in a place absolutely nobody saw as a target. That someone

  • Wait, wait (Score:5, Funny)

    by Opportunist ( 166417 ) on Wednesday April 20, 2016 @01:06PM (#51949385)

    "Breivik is detained in a three-cell complex where he can play video games, watch TV and exercise"

    Unless that exercise is mandatory... remind me please, what service do I have to do to the Norwegian state again to get free board and lodge with TV and video games?

    • Re:Wait, wait (Score:5, Insightful)

      by Striek ( 1811980 ) on Wednesday April 20, 2016 @01:24PM (#51949621)

      First, you need to give up your freedom. Be denied all contact with all other humans, and be cut off from the world. You'd need to accept spending the rest of your natural life like that. Never again see a sunrise, or a rolling ocean. Never again join a motorcycle club. Never again say "Gee, it's nice out, I think I'll go for a walk!" Never again become excited with the arrival of spring. Never again feel the wind in your hair or the sun on your face. And accept that there is no hope, none, not ever, that that will ever change.

      If you're willing to give up all that in exchange for a few video games, a treadmill, and three square a day, well sir, kudos to you. I wouldn't.

      • So, in other words the ideal living situation for the stereotypical techie! To be honest that almost does sound like the ideal living situation to me. I'd gladly give up ever seeing the outdoors again or ever communicating with another human again if I had unlimited access to any media I want and meals are provided for me.

  • This is where we went all wrong.

    I'm norwegian myself - but the guy killed over 70+ people. This is the net result of our touchy-feely idiotic social democrat society where even the mass murderers have social rights. THE GUY KILLED OVER 70 PEOPLE - HIS RIGHTS WENT FLYING AWAY WITH THAT.
    • No. By doing that, you're just playing into his hand, he would have achieved part of what he set out to do, namely changing the Norwegian society.

      By treating him the same as any other prisoner, you completely nullify his goals, the ultimate punishment for a narcissist like him.

    • THE GUY KILLED OVER 70 PEOPLE - HIS RIGHTS WENT FLYING AWAY WITH THAT.

      Well, no. Either they're rights, or they aren't. Make up your mind.

  • Someone once pointed out that hoping a rapist gets raped in prison isn't a victory for his victim(s), because it somehow gives him what he had coming to him, but it's actually a victory for rape and violence. I wish I could remember who said that, because they are right. The score doesn't go Rapist: 1 World: 1. It goes Rape: 2.

    What this man did is unspeakable, and he absolutely deserves to spend the rest of his life in prison. If he needs to be kept away from other prisoners as a safety issue, there are ways to do that without keeping him in solitary confinement, which has been shown conclusively to be profoundly cruel and harmful.

    Putting him in solitary confinement, as a punitive measure, is not a victory for the good people in the world. It's a victory for inhumane treatment of human beings. This ruling is, in my opinion, very good and very strong for human rights, *precisely* because it was brought by such a despicable and horrible person. It affirms that all of us have basic human rights, even the absolute worst of us on this planet.


  • In principle it's great that the judge has upheld the rights of even the lowest scum in society.

    On this matter I disagree with the judge. If you can play video games, watch TV and exercise you're doing far better than many people on this planet.

    Perhaps Mr. Breivik should endeavour to thank all the people around him for treating him to some degree as a human. Be grateful and thank his lucky stars that he has landed in a prison system that is far too good for him. Wonder how is it possible that a parent o
    • by Striek ( 1811980 )

      Perhaps the judge has a point though, maybe he needs to be treated more fairly and equally. I say put him into general prison population...

      And then do nothing?

      I seem to remember a quote about idle hands, or all that is required for evil to triumph, or one of those...

  • by Okian Warrior ( 537106 ) on Wednesday April 20, 2016 @01:28PM (#51949689) Homepage Journal

    And for comparison, here's what the US did to [then] Bradley Manning.

    She was required to remain visible at all times, including at night, which entailed no access to sheets, no pillow except one built into her mattress, and a blanket designed not to be shredded.

    Her cell was 6 × 12 ft (1.8 x 3.6 m) with no window, containing a bed, toilet and sink. The jail had 30 cells built in a U shape, and although detainees could talk to one another, they were unable to see each other. Her lawyer said the guards behaved professionally, and had not tried to harass or embarrass Manning. She was allowed to walk for up to one hour a day, meals were taken in the cell, and she was shackled during visits. There was access to television when it was placed in the corridor, and she was allowed to keep one magazine and one book.

    On January 18, 2011, after Manning had an altercation with the guards, the commander of Quantico classified her as a suicide risk. Manning said the guards had begun issuing conflicting commands, such as "turn left, don't turn left," and upbraiding her for responding to commands with "yes" instead of "aye." Shortly afterwards, she was placed on suicide watch, had her clothing and eyeglasses removed, and was required to remain in her cell 24 hours a day. The suicide watch was lifted on January 21 after a complaint from her lawyer, and the brig commander who ordered it was replaced. On March 2 she was told that her request for removal of POI status—which entailed among other things sleeping wearing only boxer shorts—had been denied. Her lawyer said Manning joked to the guards that, if she wanted to harm herself, she could do so with her underwear or her flip-flops. The comment resulted in Manning being ordered to strip naked in her cell that night and sleep without clothing. On the following morning only, Manning stood naked for inspection.

    Until I read the OP article, I had always considered the US to be a fairly civilized place. Reading about the Norwegian jail and how they generally treat their prisoners, I got the distinct feeling that we, the US, are looking up from the bottom of the curve at the civilized people of the world.

    I remember a photo of Richard Reid being transported to Guantanamo, who was naked and strapped immobile to a gurney, and toted around in complete view of the public while being transported (hence the photo, which I couldn't find in a quick search).

    Reid was SO DANGEROUS that he couldn't be allowed clothing, shackles weren't sufficient, and had to be sent to an offshore prison.

    What has become of our great nation?

    Sadistic abuse [wikipedia.org]. Torture. Indefinite detention, long after it has lost relevance. Giving drugs to prisoners against their will [wordpress.com].

    We force feed them to prevent them gaining release by starving to death, just to continue the abuse.

    I don't expect this level of retribution from GOD, let alone fellow citizens.

    I just got a rude awakening and realized: we're the bad guys.

    What has become of us?

  • by MichaelKaiserProScri ( 691448 ) on Wednesday April 20, 2016 @09:42PM (#51953183)
    Did anybody look up what his cell looks like? He's being held in a suite of 3 cells, each 8 square meters. That's 25' x 25' for my "non-metric" friends. He has exercise equipment, a bedroom, and a "study room" with a computer. He has a TV and can request books and videos to watch. He is in "solitary", but this does not mean he is deprived of human contact. It means he does not interact with other prisoners. He is, however, visited far more often than the average prisoner by prison staff and clergy. He is by no means alone, he has no more or less choice over whom he interacts with than the average prisoner, and it can be argued that he is safer and has nicer company from the prison staff and clergy than he would from fellow prisoners. His life is not and never will be in danger. This is highly generous for somebody who murdered 77 other human beings.

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