Punishment and the rule of law
The courts and the Norwegian society
Given that his psychiatric condition is unchanged, there is an obvious risk that he will fall back into the behaviour that lead to the acts of terror 22 July 2011.
Breivik can be released after 21 years if the likelihood of repetition of new and serious crime is no longer high. If the likelihood remains high, the court can prolong the time frame with up to five years. There is no limit as to how many times the cours can prolong the time frame.
Even if Breivik applies for parole every year after his refusal, it is not likely that he will be released on parole anytime soon. This is because he has shown no signs of change in the ten years following the terror attack.
The legal protection of the freedom of speech has first and foremost been a way to secure that states, formally and in reality, does not limit or intervene in individuals' freedom of speech.
The freedom of speech is not absolute. There are several statutory limitations in the freedom of speech, like the prohibition against making threats, defamation, invasion of privacy, harassment and severe pornographic, discriminating and hateful statements.
The Oslo District Courts treatment of the 22 July case can be mentioned as an example of a case where the court was put under pressure. There were big expectations in society that the perpetrator was to be held accountable and be punished as criminally sane.
To have done so much harm to others, and still be treated humane with all rights assured, is to me the very core in values such as human dignity, human rights and protection under the rule of law.
The debate over sanity was important and the debate about contingency was also important. Grief and love were important. Perhaps we should have paid more attention to the political debate after the judgment had been handed down and question of sanity had been answered. It was said that this was an act of right-wing extremism and an attack on AUF and the Labour Party, but this ended up being ignored.
I hope the #Oslo #Utoya murderer is dealt with in a reasonable, just and democratic manner... because that is everything he is NOT.
The word revenge has very seldom come out. So retribution in this trial is not so much about revenge, but more about putting back what is right and wrong and focusing on how can we prevent something like this from happening again in the future.
Let’s punish the perpetrator with silence and overwhelm those affected with love. Let's not give him what he’s after! #oslo #utøya
"We must never give up our values. We must show that our open society can pass this test too. That the answer to violence is even more democracy. Even more humanity. But never naivety."