A Norwegian court on Monday began hearing a lawsuit brought by Fjotolf Hansen, previously known as Anders Behring Breivik, over his prison conditions, according to local media. Breivik sought to sue the Norwegian Ministry of Justice, alleging that the prison conditions imposed on him violated his human rights.
Hansen set off a car bomb in Oslo’s government quarter and attacked a political youth camp in 2011, killing 77 and wounding 42. After Hansen was convicted on murder and terrorism charges, the Oslo District Court sentenced Hansen to a extendable 21-year period of preventive detention, citing the risk of a repeat offence as a reason for the duration of the sentence, as Hansen at trial suggested he would like to destroy Norway’s democracy. Furthermore, the defendant also suggested that he wants to continue his political struggle behind the prison walls. As a result, the City Court decided a solitary confinement at a maximum security department.
On Monday, the attorney representing Hansen emphasised that he did not seek the court to grant a shorter sentence, even though Hansen’s sentence can be extended if the court believes that he still poses a threat to public safety. However, Hansen’s attorney argued that the current prison conditions are too strict, with too little normal human contact. Counsel said this violates Hansen’s human rights because Hansen could only meet prison officers, his psychologist and a few selected inmates. The prison conditions imposed on Hansen allegedly contributed to multiple suicidal attempts in 2018 and 2020.
On the other hand, the state attorney argued that the conditions are “not close to reaching the threshold for human rights violations.” The attorney stated that solitary confinement is necessary because Hansen is still proud of what he has done. Apart from the solitary confinement, Hansen has three normally furnished cells, which provide him access to physical exercise, a toilet, shower, refrigerator, video game console and other forms of entertainment.
Previously, in 2016, Hansen brought a similar lawsuit to the European Court of Justice (ECJ), seeking to challenge the prison conditions, including his solitary confinement, his subjection to body searches, the control over his correspondence and the failure to take into account his mental vulnerability. Hansen argued the conditions constituted a breach of Articles 3 and 8 of the European Convention on Human Rights. The articles provide for the prohibition of torture and the right to respect for his private life. The ECJ ruled against him, stating that the application was “manifestly ill-founded” and that the Norwegian domestic authorities and courts had acted reasonably to balance society’s interests and Hansen’s rights.
