Brynjar Meling believes Oslo police either sloppy or been under political pressure when they notified Krekar on the compulsory settlement.
It goes forward of a 20 pages long petition Meling sent to Oslo District Court.
“There is a clear procedural error by the decision, in that it firstly not sent advance notice to Krekar. (…) It is then also in the decision wrongly assumed part factual and legal assumptions of vital importance to validity of the decision. Procedural error has thus clearly been able to have an impact on the outcome, ie what decision is based on, “he writes.
– Political pressure
He points out that the decision to send Krekar to Kyrksæterøra is a so-called administrative decisions covered by the Public Administration and that he thus had entitled to be notified of the decision.
In the complaint he points more errors at the decision basis for the Oslo police, claiming the missing notification due to either carelessness or political pressure.
“The state has month – and for years been familiar with when Mullah Krekar be released after full completion of the sentence of punishment. It can thus in no way be noted that there has been complete access and good to alert him. Missing warning appears as a result of either pure sloppiness or maybe just as well by an administrative authority – which is what the prosecution is in this case – under clear, albeit informal pressure father a political leadership with a strong and acute interest politically justified marking requirements ” writes Meling.
To VG says Meling that the statement about whether this is about political pressure is an essential part of the petition.
– Everything stands in the petition to the court is well thought out, and I intend to stand for what I have said about political pressure.
After Immigration Act § 120 subsection shall “immigration authorities ensure that foreigner given the opportunity to submit their views in a language alien to communicate adequately. This will happen as soon as possible and in any event before a decision in the case. “
According Meling is Oslo Police missing notification of the decision a” serious procedural error “that makes the decision” obviously invalid. “
case continues below video.
– Restricts Krekar personal liberty
The decision came after Justice Minister Anders Anundsen instructed police to assess and impose people Krekar a specific residence and notification. Oslo police then resolved to forcibly move him to a reception center in Hemne municipality, but currently are Krekar in Oslo, after Meling appealed the decision.
Tuesday, Oslo District Court dealing with the case.
According Meling is talking about a curtailment of personal liberty Krekar, if forced settlement shall be carried out for weeks until there is a legally enforceable ruling that the decision may be invalid.
– The main contents of the petition is that this is an infringement of his privacy and liberty in the human rights sense, he says to VG.
“It is thus speak of a decision (…) violate Krekar freedom after the European Court of Human Rights (ECHR, journ.anm.) Article 8 and his personal freedom under ECHR Article 5. It can not be required anything less than full security in the form of enforceable ruling of the Supreme Court prior to implementation of such a radical decision, “he writes in the petition.
He therefore requires that Oslo police district’s decision forced relocation repealed and that Mullah Krekar will be in Oslo until it occurs a valid final judgment in the case.
If Meling gets what he wants, it may mean that Krekar will remain in Oslo until the matter could be decided by the Supreme Court.
– We believe there is no basis for sending Krekar to Kyrksæterøra at all, and how long he will remain in Oslo is a question of whether the court is competent to make such a decision. I mean they have, he says.
Sent instructions
It was last Wednesday that Justice Minister Anders Anundsen (FRP) sent an instruction to the Police Directorate, which means that people who Krekar rule shall apply to notification and a specific place until they are sent out of the country.
The Norwegian university lecturer Eirik Bjørge at Oxford University believes Progress plan to send Mullah Krekar into the country with notification may be in violation of human rights.
Oslo Police would not comment on the matter. Ministry of Justice answer the following for VG inquiries:
– The Ministry finds it not appropriate to comment on a party post in a case pending before the Court. I therefore ask for your understanding that we must refer to the attorney Melings respondent in the case, said communications manager Gunnar A. Johansen.
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