The European Court of Human Rights (ECHR) in Strasbourg held on Tuesday that there have been violations of the European Convention of Human Rights by Oslo Prison, the Oslo District Court and healthcare provider IHT Sanderdud, as authorities had failed to protect a prisoner with psychiatric disorders.

On December 1, 2021, Age Nils Haugen brought forward an application to the ECHR based on Article 2, the right to life, Article 3, the prohibition of torture, and Article 13, the right to an effective remedy. He claimed that Oslo Prison and the other authorities had not adequately protected his son, X, from dying by suicide, nor had he obtained a proper remedy. Under Article 2, the ECHR found that X’s suicide risk was high and was known to Oslo Prison. The court also pointed to a lack of assessment and the lack of involvement from the prison’s healthcare service. Under Article 13, the ECHR ruled that where there was a breach of rights under the convention, a victim should have a remedy and “a mechanism for establishing any liability of State officials or bodies for that breach.” Haugen was awarded €30,000 ($32, 604) in respect of non-pecuniary damage and €6,530 ($7 ,097) in respect of costs and expenses.

X had been sentenced for attempted murder in 2018. As he had experienced psychosis at the time of the crime and could not be held responsible, he had been given compulsory mental health treatment in 2019 under Chapter 5 of the Mental Healthcare Act. He was placed in Innlandet Hospital Trust’s inpatient psychiatric department and once he improved, he was discharged to a residential facility, where, in 2020, he killed a fellow patient while under the influence of alcohol. After his arrest, X was detained in Unit 1 of Oslo Prison for mental health treatment and risk of suicide.

X was admitted into IHT Sanderud on January 30, 2020, where the prison psychiatric polyclinic (the FPP) detailed he was facing increased suicide risk, which was being controlled, and was diagnosed with adjustment disorder. In February of that year, he was then transferred back to Oslo Prison and a note from IHT Sanderdud’s senior psychiatrist and psychologist stated that X’s suicide risk was higher than the general population. However, his suicide risk was low, he suffered from suicidal thoughts but had no plans to follow through.

On February 25, X was no longer under supervision and was transferred from Unit 1 as there was a need for prison cells. Three days later, he was transferred to Unit 6, an ordinary unit, where he died by suicide on March 1. On March 17, 2020, the applicant filed a complaint with Oslo’s law enforcement and the police investigated, communicating with the County Governors of Innlandet Oslo and Viken.

In March of 2021, the County Governor of Oslo and Viken indicated that the prison healthcare service had not given X sufficient care after February 14 2020. In January 2021, Oslo Prison and other authorities were not prosecuted and the County Governor of Innlandet found that there had been no failure to give X proper care. The applicant’s complaint against the Director of Public Prosecutions in 2021 was dismissed and on September 27, 2021, the decision was final and could not be appealed.

This is the first case concerning Norway in which Article 2 has been found to have been violated.