The Court believes unlike court that the instructions that Ministry of Justice gave the Oslo police in advance of their decisions may have influenced the content of the order of forced settlement.
“The Court of Appeal concluded that the Ministry’s ability to provide general instructions about police use of coercive measures, also is limited”, it says.
The court believes that the Ministry had not empowered to give such an instruction.
– Important for legal certainty
– This is a very important decision for legal protection in Norway. It shows that the courts are still an independent desk against arbitrary action of the authorities, says lawyer Brynjar Meling told Aftenposten.
Meling believes that the right set clear guidelines for where they think limit instruction authority to go.
In early February adopted police known that the controversial mullah had forced move from Oslo to Kyrksæterøra.
After this decision gave Krekar, or Faraj Ahmad Najmuddin, which is his real name, an interview to NRK where he said that the terrorist attack in Paris made him happy.
He is now charged with having made threats that are almost identical to those he was convicted in 2012.
In today’s ruling also states that the court repeal of move order is not something preclude police taking a new, independent assessment of whether to grant an injunction under the Immigration Act.
Said it was a general instruction
The Government and the Minister of Justice argued that the instructions they sent to the Police Directorate (POD) in this case was general and not tailored to Mullah Krekar case.
But NRK revealed that the same day that instructions were sent from the government, it was given a concrete message from the Police Directorate to Oslo police to look at forced relocation of Krekar. No other police were informed about the instruction, although this is common practice.
Justice Minister Anders Anundsen says to NRK that he takes note of the ruling. He would not comment beyond this before we know whether the remains.
NRK has tried to get in touch with police inspector Vegard Rødås without success.
KrF- leader Knut Arild Hareide think it’s surprising that this happens.
– A very special situation
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