Anders Behring Breivik, Norway Murderer, Wins Human Rights Case
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."
Norway style. It's that simple really.
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?
Long-term solitary confinement is cruel and inhuman, and should be illegal. Period.
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.
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.
Why do you think such compassionate treatment is harming Europe? Norway has only 1/10th as many people locked up, per capita, as the US. Norway has one of the lowest recivisim rates once people leave prison as well. Crime rates are lower, including the murder rate and other violent crimes.
It's almost as if a default policy of treating prisoners like human beings leads to lower crime rates and less money lost on crime and punishment.
If you are so confident that "Europe" is so wrong, then why is it necessary to misrepresent the truth? The issue is about solitary confinement. Yes this guy is a piece of shit. He is still a human being, and I applaud Norway for having the humanity and integrity to treat even it's worst people as human beings. It's easy to protect the rights of likeable people.
"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?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Where do you draw that line? Offing 4 people is no biggie but that fifth costs you your head?
We used to have a Bill of Rights. Now, with the rights gone, all we have left is the bill.
Why do you hate him? It's pretty obvious from that quote that his brain is in a very different place. He doesn't see the world the way that socially adjusted people do. He did something horrible, and probably doesn't even begin to comprehend it in any meaningful way.
He has to be kept away from society, but that doesn't mean he has to be tortured. Europe is right here. Solitary confinement is a human rights violation. It needs to be abolished in the US.
Whatever he did, no one, NO ONE, deserves to be deprived of all interactions indefinitely from other human beings. You can give them an xbox or whatever, but it doesn't make up for person to person contact.
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.
What this world is coming to - is for you and me to decide.
Please try to be impartial.
Breivik is master troll, now using soft Euro pseudo-morality against itself.
The headline is highly misleading, he only won part of the case.
He won on the argument that article 3 of the European Convention on Human Rights was broken, the part about inhumane treatment, referring to repeatedly invasive searches and complete isolation.
He didn't win the rest of the case, the part about the food and other general conditions, the whiny crybaby part.
Eat the rich.
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 of a murdered child has not yet manage to find a way to choke the life out of him only to stop before his demise only to repeat the process several minutes later.
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...
A 'singular oddity' is an event that cannot be explained and only happens when you are alone.
He's in complete isolation. There is no worse punishment for a narcissist like him.
Eat the rich.
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. Torture. Indefinite detention, long after it has lost relevance. Giving drugs to prisoners against their will.
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?
If society chooses to jail people insted then you are limited by various human rights laws.
And rightly so. As monstrous as his actions were, he is still a human.
If Norway were to enact special Breivik laws, he would have achieved part of his goals of changing society with his actions. By treating him with the same basic respect as any other human being, he will have achieved exactly nothing, the ultimate punishment for a narcissist like him.
Eat the rich.
NO ONE, deserves to be deprived of all interactions indefinitely from other human beings. You can give them an xbox or whatever, but it doesn't make up for person to person contact.
I'm not sure I agree that no-one deserves this.
A known jihadist radicaliser, for instance. There's a real risk to society for every minute of human interaction they're given.
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 and suffer no more. You are one sick bastard.
"There is more worth loving than we have strength to love." - Brian Jay Stanley
Imho Normal societies should execute criminals like this by drawing up some boundary between 1 and 77 murders and saying "over x murders we just killem".
Why? What advantage do you think this will provide?
but that doesn't mean he has to be tortured
What torture? What he is experiencing doesn't even register on the scale of torture.
Solitary confinement is a human rights violation.
No, it's not. It serves two purposes. 1) to prevent people like him from harming others as they have already done and 2) prevent others from harming him because of what they have done.
Of course had the police shot him this would have saved the taxpayers the money they are pouring down the black hole to keep him around. He is without a doubt guilty. There is no reason to keep him around since he will never be a productive member of society.
But as always, it's easy to be generous with other people's money.
We will bankrupt ourselves in the vain search for absolute security. -- Dwight D. Eisenhower
PLEASE put him in with the general population...
WTF?? He thinks microwaved meals to be worse than waterboarding?
Okay, replace his breakfast with a 5 min waterboarding session. That'll start his day off right.
Pain is merely failure leaving the body
the summary purports to speak for everyone.
I am not dismayed that the court decided this in favor of the prisoner, and the summary editor does not speak for me.
deleting the extra space after periods so i can stay relevant, yeah.
.... the comfy pillows!!!!!
People in general are horrible evil animals.
False. The Breviks of this world are an exception to the rule. Humans evolved to cooperate. Those who didn't pull their weight were generally less fruitful in the reproductive stakes and those anti-social traits remain rare.
Actually, that's not *entirely* true either.
Humans evolved into two categories, roughly "farmers" and "herders".
Farmers don't have to worry about someone stealing the fruits of their labor. No one's going to steal their crops unless they take the time and effort to harvest them, so the farmer doesn't have to worry too much about other people.
So farmers tend to be more easy-going, more forgiving, more intelligent (geometry, long-term planning, surveying), and more cooperative. It doesn't hurt you if your neighbour succeeds, so it's OK to help out when he needs it.
Herders worry about their flock being stolen. Anyone can steal their life's work overnight, or kill them and take the herd in an afternoon. They're always on the lookout for the other herder who wants to get a leg up by easy means. Your neighbour competes with you for grazing space, so helping him diminishes your chances.
So herders tend to be confrontational, quick to anger, and violent. They present a "don't mess with me" attitude to show the other herders that they can't be taken advantage of. They have have a highly evolved sense of honour, ritualized revenge, blood feuds, and massacre entire families.
(Studies on Americans show that the "quick to anger" trait can be predicted by ancestor type, and remains even 300 years after your ancestors came to America.)
And so we have interesting situations like the blue hills of Tennessee which were settled mostly by herders. Rocky, grassy area good for herds but not especially good for farming.
You can paint certain people as "monsters", but it's not quite as cut-and-dried as that.
Some people evolved to be confrontational - that's all.
I wonder if he has 1080p or is stuck with a European human rights-violating 720p.
(-1: Post disagrees with my already-settled worldview) is not a valid mod option.
I think it is very likely given the gravity of his crimes, and the notorious nature that they are more worried about another inmate killing him, not the other way around. There would be a variety of reasons for an inmate to do it, but regardless the state has to make a reasonable effort to safeguard their wards, and if another inmate were to kill him that would probably be very much in question.
but that doesn't mean he has to be tortured What torture? What he is experiencing doesn't even register on the scale of torture. Solitary confinement is a human rights violation. No, it's not. It serves two purposes. 1) to prevent people like him from harming others as they have already done and 2) prevent others from harming him because of what they have done.
Experts disagree. Solitary confinement isn't punishment. It's torture [...] The UN Special Rapporteur on Torture has specifically condemned Woodfox’s treatment as torture and called on the United States to eliminate the use of prolonged isolation. As discussed, solitary confinement inflicts psychological injury on inmates subjected to it for more than a brief period of time.156 Though such suffering may be mental rather than physical, the punishment is still likely to be found "severe" under international laws prohibiting torture. [...] Solitary confinement use in the United States contravenes international law because it fulfills all four elements of torture.
But as always, it's easy to be generous with other people's money.
The Norwegian tax payers overall seem to be very happy with the system. Maybe because it works. Or maybe because they are understand international human rights standards.
Stephan
He killed 77 people, 69 on the island.
Mostly CHILDREN.
http://www.telegraph.co.uk/new...
Look through their pictures. 77 lives full of potential cut short.
77 families emotionally wrecked because of him.
I genuinely don't understand how his life is somehow sacrosanct?
If you genuinely believe that the taking of human life is somehow magically immoral, then I can credit you your convictions, and let Mr Breivik live out the rest of his life in misery in a steel 55gal drum. I'd be ok with that as a compromise.
But why is he entitled to "human rights" and "dignity" that he cheerfully tore away from so many? He is just another animal, one that is demonstrably dangerous and harmful.
He made the choice that he was no longer a member of society by committing his heinous acts. Society is under no obligation to re-admit him.
-Styopa
He lost the right to be treated as a human the moment he killed the first kid on that island. Lock him up and throw away the key for all I care. I could understand the protest if the veracity of his guilty verdict was in any doubt whatsoever, but it's not. He did it. He's even fucking proud of it. He does not deserve to live, let alone receive humane treatment.
At least he doesn't have NTSC, so he's spared from the worst.
Only based on DNA tests. There is nothing human about what he did on Utoya island.
Try speaking for yourself sometime. This is the same fucking smug, self-satisfied meme as "there are no atheists in a foxhole".
The marvellous but little known Christopher Hitchens deathbed conversion
Let me assure you, if the worst happened to one of my family members (choose me God—if you exist—rather than any of my family members if this is somehow necessary to maintain your "God moves in mysterious ways" shtick), I won't wake the next morning as a revenge fascist.
It's not that I lack the little clump of neurons (which evolved over the last six million years) that's directly connected to the dopamine kicker when the filth of the world get their just desserts.
No, the problem is that I have this other organ known as the cerebral cortex (if you have one) which understands that what comes around goes around, and that society needs to model restrained behaviour so as not to complete the feedback loop and actually cause a deeper regression into the methods and mores of the Spanish Inquisition.
As good as it might feel to take harsh / harsher / harshest revenge (is there any acceptable stopping point once you board this train?) it doesn't actually bring your dead family member back to life again.
Huh. Does not compute. Life is fragile. There is no undo key. Not even if you mash it with 10 million volts. To be an adult in this world, we must ultimately accept loss (no matter whether it arrives all bundled up in a conveniently filthy bag of skin).
There's this weird thing where so many Christians think that the odd testaments are the good testaments (this runs parallel to Beethoven's symphonies, and opposite to the Star Trek movie franchise).
In the third testament, the good Jesus returns to earth:
Jesus: I'm here to save souls and chew bubblegum, and I'm all out of bubblegum. Commence operation "river of blood". Nobody in Texas ever had much time for the free-love, hippie testament. The third act can't come a moment too soon.
When I finally write What Jesus Got Right, there aren't going to be any appearances of either the first or the third testament. Then I'll go on book tour in the deepest, darkest heartland of Texas, and thousands of milquetoast admirers will flock to my book readings, who will privately confess "we just all feel shouted down by the shit kickers chewing grass stems".
I certainly won't the hell go on book tour in Norway. "What's your point, anyway? We already know this."
As a victim of both waterboarding and microwaved meals, I'm with him. Unless I can get the good Stouffer's stuff, you might as well tie me back on to the board and stick the cellophane over my head and get to work. At least the gagging and fear allows me to forget those horrible Swedish Meatballs I had to experience that one time. *shiver*
You don't think human beings are capable of murder? History is littered with the bodies of murder victims. For sure this guy is not a good example of our best qualities, but in the grand scheme of things, he's not such an outlier to no longer consider him human. His actions, while not typical are well within the range of observed human behaviors.
There are lots of bad people out there, and he's one of them.
Wait, are you saying the UN person in charge of defining what actions would be considered torture (and thereby increase their ability to foster regulations relating to their area of expertise) believes that wearing handcuffs when moving from cell to cell is torture? That only having human interaction with your lawyers, loved ones who come to visit (if any) and the general guard staff is torture? Shocking, I say!
Browsing at +1 - no ACs, I ignore their posts. So refreshing!
The human rights violation was that they kept him isolated and alone... which is probably why he's still alive. Logical reaction is to put him out in the general population and look the other way. I'm sure there are plenty of good Norwegians that would just love the opportunity to take him out.
I've abandoned my search for truth; now I'm just looking for some useful delusions.
Because the law only applies to humans and not to creatures that just look like humans but behave in a fundamentally different way to humans.
Wait, are you saying [...]
No. What are you drinking?
Stephan
Peeling veneer in the sauna, questionable lutefisk in the smorgasbord. Mass killers just don't get the respect they once did in Scandinavian penal resorts.
Maybe you are right. But we should sure try and think of something.
Cost & justice.
The funny thing is that you're repeating one of his slogans.
For those who ignore it, Breivik was not a mass killer for kicks, but a terrorist with well-defined beliefs about impending "suicide of Europe" through "cultural marxism", "political correctness" and "islamization". And in his eyes, his victims were not innocent children, but something like the next crop of brainwashed SJWs.
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.
It's absolutely insane that Norway hasn't put him down like a rabid dog.
-jcr
The only title of honor that a tyrant can grant is "Enemy of the State."
This is not about him, this is about us. I don't care what it does to him or what happens to him. The issue is what this does to us when we treat him in an inhumane fashion. We loose part of our humanity. Torture corrupts the mind of the perpetrator much more than the victim. That is why we don't do it.
Cut off from the rest of the prison population, only allowed extremely limited visits, no internet connection and so on.
OK, so it's not 100% complete isolation like in an American concrete torture box, but it's the highest degree of isolation possible in the Norwegian system.
Eat the rich.
Why? Do you get off on other people's suffering?
Eat the rich.
It wouldn't be cheaper. Execution is far more expensive than long-term imprisonment, due to appeals courts.
If you doubt this, it's because you haven't done any reading on the realities of the capital punishment issue.
The 'justice' argument is somewhat more compelling, but I don't think it's enough. There's no deterrent effect for this kind of insane crime, so it doesn't really benefit society to execute the criminal. The only real upside is catharsis, but that comes at great financial cost, the risk of executing innocent people, and the subtler effect of normalising killing in society. (Some people also argue there's a slippery slope issue here, but I don't find that argument all that persuasive, at least not in civilized societies.)
"An eye for an eye, he deserved to be murdered 77 times"
Really ? as other people have already said that may work if it wasn't for miscarriages of justice, the tampering of evidence etc.
There are suggestions that he was not alone in this event, maybe that should be investigated properly before people get on their high horse and hand out judgement.
A) It is more expensive. Because the idiots get in the way. It should be cheaper. B) "so it doesn't really benefit society to execute the criminal" Killing these people is a moral good.
there are many more articles on the subject all indicating the same thing. Hurting those who hurt others is a basic instinct.
Revenge is a downward spiral. We should be better than that.
Eat the rich.
Nope. It is one of the methods to keep populations in check and removing the advantage of individuals abusing each-other. Without revenge sociopaths take over and society breaks down completely. Good luck on being too weak to survive.
No, we have modern justice systems to handle the issues that revenge "solved" in the old days. Unrestrained revenge leads to vigilantism and chaos.
Would you rather we go back to tarring and feathering, and lynch mobs?
Eat the rich.
Can't change animal biology over night. Or even within the time frame of modern civilization. Maybe a 1 million years we will have a society where revenge is not a necessary and productive social function. But that won't happen in either of our lifetimes. And yes unrestrained revenge leads to vigilantism and chaos.That is why we have a government to do it for us.
It should be cheaper
Yeah... but it won't be, so...
Killing these people is a moral good.
Only if you view retribution as a moral good in itself. Seeing as it doesn't make the world a better place, I don't buy it.
Punishment for crimes is not revenge, I'm sorry you've misunderstood that. It's about keeping dangerous people away from the public, and hopefully rehabilitating them.
Luckily, we're a lot more enlightened than you seem to think.
Eat the rich.