PRISONERS AND LEGAL SECURITY
The NORWEGIAN department of Justice violated the European Convention of Human Rights, a NORWEGIAN court has found.
The state had no right to prevent a prisoner, Stefan Trober, from having acces to documents and leading a correspondance in context with his complaint with the European Commission of Human Rights in Strasbourg.
A letter from the Commission had been delivered only nine months after its arrival.
The court also criticized that during longer periods Trober had been refused insight in files related to his case. The court therefor found that the Norweigian State through its department of Justice had shown lack of respect for the prisoners correspondance.
The court adresses sharp critic both to the Justice departments highest directory and to the prison management.
Trober, represented by his lawyer Petter Graver, intends to appeal against the decision in order to obtain reparation by the State. His reparation claim amounts to 100'000 Norweigian crowns. The court has found that Norweigian law did not provide for such a reparation.
Some other complaints of the prisoner related to his confinement in a separate security section of the prison, though drawing critical comments from the court, were not invalidated by its decision.
A historical judgement
According Ole Jakob Bae, defense attorney att the Supreme Court, it is the first time that a Norweigian court has found the Norweigian State guilty of breaching the European Convention on Human Rights. Mr. Bae is member of the board "Fangesolidaritet-89" (solidarity with prisoners), a foundation which has contributed to bringing Trobers case to justice.
The Norweigian court's considerations will be of importance in case of a complaint of Trober with the European Court of Human Rights.
Apart from this, the rule represents a victory both for Trober personally and for more juridical security in Norweigian prisons.
Kikki Morén
Source: Aftenposten, 18.12.91