Friday sat Court of Appeal an effective end to police plans to forcibly move mullah Krekar to Kyrksæterøra. It is due solely that justice and readiness Minister Anders Anundsen (FRP) intervened in the case and asked the Police Directorate to instruct the Oslo police about evictions.
– Had Government remained far away, had not been rescinded the decision on the grounds that were used today, says lawyer Jon Wessel-Aas.
Have had statutory authority since 2010
Police have already since the new Immigration Act came into force in 2010 had access to forcibly relocating foreigners who are a danger to national security or convicted of particularly serious crimes. It is these legal bases police have used in the decision to forcibly move Krekar.
Despite the police had all they needed legal bases, sent Anundsen the disputed instruction to the police on January 14.
– The core of this case is the mixture between politics and law. The instructions were completely unnecessary. But the Government had a so violently need to do something about Krekar, that they sent this stupid instructions to the police anyway. Ironically it only made matters worse, says Wessel-Aas.
In Oslo police district’s decision to move Krekar to Kyrksæterøra, they have not mentioned the disputed instruction with a single word.
– What would you do if the Justice Department did not send you such an instruction?
– When would we have done exactly as we have done it now, and used the Immigration Act to move Krekar out of Oslo, says Police Inspector Vegard Rødås, which is prosecuting head of the Oslo police.
– As the Justice Minister’s intervention has only sabotaged their plan?
– I do not wish to comment.
– Has gone beyond their authority
The leader of Standing Committee on Justice, Hadia Tajik (Ap), takes a serious decision from the appellate court.
– This is a severe ruling. If left, it shows that Anders Anundsen has exceeded its powers, she said.
The Minister of Justice believes that the Court of Appeal has gone far in restricting ministry opportunity to give instructions and notes that the court came to the opposite conclusion .– We believe it is regrettable, because there is a need to control the people who pose a danger to national security, he said.
According to the Justice Minister can instruction now be pulled or altered. He points out that the ruling is not enforceable and that it is up to the Oslo Police to decide how they will proceed with the matter.
Considering the appeal to the Supreme Court
– If Oslo -Police had really independent plans to forcibly move Krekar must be very annoying for the police that the political leadership has destroyed the police professional work, says Wessel-Aas.
The forced relocation of Krekar has now been running for two courts . But the reviews they’ve done and what they have based them on, have been completely different:
- Oslo District Court considered the crux that Krekar said police are so dangerous to national security that he needs is forced. Yes, they thought, and gave police upheld.
- The Court of Appeal played leapfrog over this question, and considered instead of the Ministry contentious procedure was legal. No, they thought, and dismissed the entire case.
It is therefore Ministry root in the proceedings and not the merits legal core that is why Krekar move decision has now been repealed. Oslo police therefore believes the case raises a number of principled questions.
– Our decision stands on its own feet, regardless of instruction. I am surprised that the Court of Appeal deprives police ability to conduct legal coercion, says Roda.
He will now use the weekend to go thoroughly through the judgment before on Monday will consider whether to appeal to the Supreme Court.
Risk of national security
– Krekar is a danger to national security. It is not politics, it is a police professional assessment. The risk that he affects others to conduct offenses reduced by moving him to another place in the country, says Roda.
Oslo police believe the ability to forcibly move foreigners who are a danger national security encompasses more people than just Mullah Krekar.
– Throughout Norway it is between five and ten people in the same category as Krekar. The legal coercive Immigration Act is important to handle these, says Roda.
Wessel Aas think the Supreme Court will uphold the High Court’s ruling, but if they cancel it, the Court of Appeal try police decisions on new and disregard from instruction.
– So it’s only the Supreme Court can resolve this tangle?
– The Supreme Court has in any case the last word, he said.
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