Domestic
By Linus Røvik Hauge
It emerges from the Court of Appeal ruling that was announced Friday afternoon, newspaper VG.
The Court believes unlike court that the instructions that Ministry of Justice gave the Oslo Police prior to their decision, may have influenced the content of the order of forced settlement.
– It is properly assessed and we are glad that we have an independent and strong court dare to take such decisions, says His lawyer for many years, Brynjar Meling, Nettavisen.
Set on hold
Oslo Police decided to forcibly move 58-year-old to a reception center on Kyrksæterøra Hemne municipality after he earlier in the year was released from prison Kongsvinger. He was in 2010 sentenced to two years and ten months for threats against Erna Solberg and three Kurds.
2. February stated Oslo district court that police decisions about forced relocation was lawful. Krekar appealed the case to the Court of Appeal. Meanwhile forced settlement has been put on hold through so-called suspensive effect of the ruling, until the Court of Appeal released its decision.
After his release is Krekar again indicted for having made threats which are almost identical to those he was convicted in 2012. This time it is one person who is subjected to threats.
Can appealed further
Meling says it is now up to the police to consider what the next steps will be.
– They can appeal this to the Supreme Court or take a new decision where they take into account the objections of Court for the Ministry competence transgression, he says. (NTB)
appellate court rebukes Justice Department
Court of Appeal comes in its ruling with powerful criticism of the Ministry of Justice for wrongful having given the police instructions on forced relocation of Mullah Krekar.
– For instructions Ministry has gone far to intervene in police discretion in cases concerning the imposition of specific whereabouts and notification for people who are expelled for reasons of basic national interests, but protected against return. The consequence of this is that the Court of Appeal believes that the Ministry had not empowered to give instructions on 14 January 2015, it is stated in the ruling.
The Court also argues that it must be considered a procedural error “that
Ministry instructed without having competence to it.” (NTB)
Meling: – The decision shows tribunal independence
Mullah Krekar lawyer Brynjar Meling believes Borgarting Court of Appeal ruling in a good way shows judicial independence.
Friday afternoon it became known that the court has overturned a police decision to forcibly move Krekar to Kyrksæterøra in Sor-Trondelag.
– The decision is being attacked at the most fundamental basis. This is not so important for Mullah Krekar. It is more important for Norway as constitutional. We’ve got a decision that in a good way shows judicial independence, he says to NTB Friday afternoon.
Meling believes that the right set clear guidelines for where they think limit instruction authority shall go.
– They have not chosen to give us upheld aspects of this matter that could have been pragmatic and simple, and where they could have taken it on formalities in a procedural. Instead, they attacked perhaps the most delicate point of the government, he said.
What will happen now proceed with the case, said he must be up to the police to consider, but there is nothing in the way that the case can go right up to the Supreme Court.
Meling sends the decision to Krekar Friday and go through it with him Monday.
– I have not received any response from him yet. His approach to this is very principled. In that sense this is a victory for him. It is also a victory because it gives him some protection against arbitrary political interventions, says defense lawyer. (NTB)
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