Anders Behring Breivik has won part of a human rights case against the Norwegian state.
The court upheld the mass murderer’s claim that some of his treatment amounted to “inhuman or degrading treatment or punishment”.
After the judgement, Anders Breivik’s lawyer, Oystein Storrvik, called for his solitary confinement to be repealed.
Anders Breivik, a right-wing extremist, killed dozens of young center-left political activists in an attack on the island of Utoya in July 2011.
Earlier that day, he set off a car bomb in Oslo, killing eight people.
In her ruling, judge Helen Andenaes Sekulic said the right not to be subjected to inhuman treatment represented “a fundamental value in a democratic society” and also applied to “terrorists and killers”.
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Anders Breivik had challenged the government over his solitary confinement, which saw him kept alone in his cell for 22 to 23 hours a day, denied contact with other inmates and only communicating with prison staff through a thick glass barrier.
His prison regime deviated so markedly from that enforced upon any other prisoner in Norway, regardless of the severity of their crimes, that it had to be considered an extra punishment, Judge Sekulic said.
However, article three of the European Convention on Human Rights (ECHR) required that prisoners be detained in conditions that did not exceed the unavoidable level of suffering inherent in detention, given the practical requirements of the particular case, the judge said.
The prison authorities had also not done enough to counteract the damage Anders Breivik had suffered from being in isolation, she said.
The judge also noted that Anders Breivik had been woken up every half hour at night over a long period of time and on some occasions subjected to strip searches with female officers present, which he found particularly difficult.
“Taken together with the other stringent restrictions which he was subject, this was regarded as degrading treatment in the Convention sense,” Judge Sekulic said, according to NRK .
State lawyer Marius Emberland said the government was surprised by the verdict but had not decided whether to appeal.
If neither side appeals against the judgement within four weeks, the prison is obliged to make Anders Breivik’s prison regime more lenient in line with the judge’s remarks, NRK reported.
The prison must work to bring in other prisoners and “facilitate a community”, the judge said.
However, Judge Sekulic ruled that strict controls on Anders Breivik’s correspondence were justified and his right to a private and family life under article eight of the ECHR had not been violated.
The court also ordered the Norwegian state to pay Anders Breivik’s legal costs of 330,000 kroner ($40,000).
Bjorn Ihler, a survivor of Anders Breivik’s massacre of young activists on Utoya, tweeted that the judgement in Breivik’s favor showed Norway had a “working court system, respecting human rights even under extreme conditions”.
Anders Behring Breivik has won a place to study political science at Oslo’s university.
The 36-year-old Norwegian admitted killing 77 people when he bombed central Oslo and then went on a shooting spree at a youth camp on a nearby island in 2011.
Anders Behring Breivik has been studying certain course modules since first applying to the University of Oslo in 2013, but he will now be taught as a full student.
The mass killer will have no contact with staff or students as he studies from his cell.
In 2012, Anders Behring Breivik was sentenced to the maximum 21 years in prison for carrying out Norway’s worst massacre since World War Two.
This jail term can be extended if he is deemed to remain a danger to society.
The university’s rector, Ole Petter Ottersen, said that Norwegian inmates “have a right to pursue higher education in Norway if they meet the admission requirements and are successful in competition with other applicants”.
Writing on the university’s website, Ole Petter Ottersen admitted that the university had faced “moral dilemmas” about Anders Behring Breivik’s admission.
The rector added that the university had students whose family members had been killed by Anders Behring Breivik. However, he said that the university would abide by its rules “for our own sake, not for his”.
As he studies from his prison, Anders Behring Breivik will be subject to strict regulations. He will be allowed no access to internet resources or receive any personal guidance from tutors. All communication with the university will take place via “a contact person in prison”.
Anders Behring Breivik first applied to study in 2013 but did not meet entry requirements as he had never completed secondary school. Instead, he was allowed to study certain political science modules.
His deadly rampage at a Labor Party youth camp on Utoya Island was found by an Oslo court to have been a premeditated act of terrorism.
Anders Behring Breivik harbored extremist right-wing views and claimed he had reacted against what he saw as a Marxist-Islamic takeover of Europe.
Mass killer Anders Behring Breivik says he will not appeal against a Norway court ruling finding him sane and sentencing him to 21 years in jail.
Anders Behring Breivik said appealing would legitimize the court, which he rejects.
He admits killing 77 people in bomb and shooting attacks last year. He says this was necessary to prevent “Islamisation” and insists he is sane.
Prosecutors – who had sought an insanity ruling – also told the Oslo court they would not appeal.
Anders Breivik said he did not recognize the court, which he contended had “sided with the multicultural majority in parliament”, but added: “I cannot appeal against the judgement because by appealing I would legitimize the court.”
He went on to say: “I wish to apologize to all militant nationalists in Norway and Europe for not managing to kill more people” – but was cut off by the judge, who said this was not the time to address people outside the court.
Mass killer Anders Behring Breivik says he will not appeal against a Norway court ruling finding him sane and sentencing him to 21 years in jail
Delivering her verdict earlier on Friday, Judge Wenche Elisabeth Arntzen said the court considered Anders Behring Breivik to be suffering from “narcissistic personality characteristics” but not psychosis.
Anders Behring Breivik was convicted of terrorism and premeditated murder, and given the maximum sentence of 21 years’ imprisonment.
However, the judge said the jail term could be prolonged at a later date if he is deemed to remain a danger to society.
She set the minimum length of imprisonment to 10 years.
Court-appointed psychiatrists had disagreed on Anders Breivik’s sanity. A first team which examined him declared him to be a paranoid schizophrenic, but the second found he was sane.
He will serve his sentence at Oslo’s high-security Ila Prison, where he has been held in isolation for most of the time since his arrest.
“His goal was to be declared sane, so on that point he is satisfied,” Anders Breivik’s defense lawyer, Geir Lippestad, said.
Before the verdict, he had said psychiatric care would be “worse than death”.
On 22 July 2011, Anders Behring Breivik bombed government buildings in Oslo, killing eight people.
Later in the day, he boarded a boat to the Utoeya island, where the Labour Party was holding a youth camp.
Wearing a fake police uniform, he fired weapons and meticulously hunted his victims. A further 69 people were killed and dozens wounded.
Many of the survivors and relatives of his victims welcomed the verdict.
“I am very relieved and happy about the outcome,” Tore Sinding Bekkedal, who survived the Utoeya shooting, told the Associated Press news agency. “I believe he is mad, but it is political madness and not psychiatric madness.”
Unni Espeland Marcussen, who lost her 16-year-old daughter Andrine at Utoeya, said: “I feel happiness because he is a man who all the time knew what he has done.”
Anders Breivik’s attacks ignited a debate about the nature of tolerance and democracy in Norway.
Norway is today commemorating one year since 77 people were killed and 242 hurt in gun and bomb attacks in Oslo and on the island of Utoeya.
Church services, a concert and other events are being held around Norway.
PM Jens Stoltenberg will lay wreaths and is expected to be joined by hundreds of people on Utoeya, including the families of those who were killed.
Anders Behring Breivik, who has admitted carrying out the two attacks, remains on trial.
Most of the dead were young activists with the Labour Party who had been staying on Utoeya as part of a summer camp.
Thousands of people are expected to gather in Oslo for a day of events, including a memorial service at the city’s cathedral.
Norway is commemorating one year since 77 people were killed and 242 hurt in gun and bomb attacks in Oslo and on the island of Utoeya
Jens Stoltenberg will lay a wreath at the site of the Oslo bombing at 09:30 and then travel to Utoeya to give a speech to Labour Party youth, before laying a wreath there at 18:45 – the time Anders Breivik was arrested a year ago.
In the evening there will be a national memorial concert with mainly Norwegian musicians.
Many of the buildings that were damaged in the bomb attack have not yet been fully repaired.
The prime minister’s office and the ministry of health buildings are still covered in plastic.
The attacks, regarded as the worst act of violence in Norway since World War II, sparked a national debate about the nature of tolerance and democracy in the country.
Anders Breivik, who has been on trial for three months, has tried to justify the attacks by claiming he was trying to stop Muslims from taking over Norway.
But the government, and much of the population, have actively promoted tolerance and openness to counter Anders Breivik’s views.
“I think that people thought it a bit naive to cling to these values of openness in a situation like that,” said Vegard Groeslie Wennesland, a Labour Party activist who survived the attack.
“But I think it’s more naive to think that brutal police, or more restrictive policies will bring you a safer society.”
Judges are to announce next month whether Anders Breivik is sane or insane, and therefore whether he will be given a long prison sentence or be sent to a secure psychiatric ward.
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