Norway considers fresh exam of Anders Behring Breivik
Norwegian authorities are looking into the possibility of carrying out another psychiatric examination of Anders Behring Breivik after a review commission approved a finding that he was insane and unfit for prison.
2:46PM GMT 22 Dec 2011 | Telegraph.UK
Breivik killed 77 people on July 22 when he planted a car bomb that killed eight people at an Oslo government building, then went on to shoot dead 69 more, most of them teenagers, at an island summer camp of the ruling Labour Party's youth wing.
A Nov. 29 psychiatric report concluding that the anti-Islam militant was insane was approved on Thursday by a medical review commission, strengthening the likelihood he will avoid a prison term.
Later on Thursday, a judge asked prosecutors and defence lawyers to decide if they wanted another examination.
"The court asks the parties to comment on whether it would be desirable for the court to appoint new experts to undertake a judicial-psychiatric examination," Oslo District Court Judge Anne Margrethe Lund said in a letter issued publicly.
The seven-member commission told the court it had "no significant comments" to the initial report by two court-appointed psychiatrists who diagnosed Breivik as psychotic.
Norwegian State broadcaster NRK reported on Wednesday that three of the review panel's members had "big objections" to the initial report declaring Breivik criminally insane, but Thursday's commission statement gave no such indication.
A court official said Breivik in any case faces a trial date in April, and the trial judge will remain free to order a new examination at any time.
» » » » [Telegraph]
Court asks for input on new experts
Insane: Currently, is the conclusion that Anders Behring Breivik (32) is insane - no comments from the academic environment. Now ask the Oslo District Court for input from the parties.
Published 22.12.11 - 11:50, edited 22.12.11 - 1:04 p.m. (AP)
By Jarle Brenna , Eva-Therese Grøttum and Alf Bjarne Johnsen | VG
(AP) Oslo District Court has asked all participants in the 22 July issue of expressing an opinion on whether to appoint new experts to examine Anders Behring Breivik again.
The letter went out to the players after the Oslo City Court Thursday morning received the opinion of the forensic Commission (DRC).
DRC should consider the report of the right psychiatrists Torgeir Husby and Synne Sørheim, which concluded that Breivik is paranoid schizophrenic and thus can not be assessed a regular prison.
The Commission had no comments on the report of significant importance.
Two weeks notice
Those who now give their views on new experts are prosecutors, defenders and aid lawyers. The Oslo District Court, which ultimately decides whether to appoint new experts, or about the first report will be standing alone.
"The court asks the parties to comment on it is desirable that the court appoints new expert to conduct a forensic psychiatric examination and issue a new forensic psychiatric statement accused Anders Behring Breivik. Alternatively, a more limited investigation and declaration. It is requested that the position is justified, "the District Court Judge Anne Margrethe Lund.
"The court also asks for a report on how to set up a request from either party about to be appointed new expert even if one is of the opinion that it is not necessary," the letter also sent out by e-mail.
The actors have been given until 5 January to respond to the court.
It is already known that the coordinating aid lawyers do not require new experts, but leave it up to the individual lawyer to do it on behalf of their clients.
Brynjar Meling has already announced that he will have new experts. Anders Behring Breivik has awaited statement to the DRC. He disagrees with the conclusion, and considering what he should do in consultation with the defense team.
Requires thorough investigation
Lund also ask the parties to give their views on the suggestion that counsel John Arild Aasen has sent to the court. As VG wrote Wednesday Aasen has asked the court whether Breivik will be added to the assessment day for several weeks in a psychiatric hospital.
- I'm not saying with this that the diagnosis is incorrect. But it has been so much talk about this, I believe it is important to have a broader basis to ensure that it is made the right decision, said Aasen to the Times yesterday.
It is right to demand such an observation in the Criminal Procedure Act Section 167
Prosecutors Svein Holden and Inga Bejer Engh said that they will give its response to the Oslo District Court during the first week of January.
- We have today received a letter from the forensic commission does not have significant comments on the expert declaration regarding Anders Behring Breivik. Prosecutors will now consider whether there is a need to initiate further investigations to assess detainee accountability, says the two in a statement.
Devastating for Breivik
Lawyer Arne Seland hope the conclusion of the forensic commission contributes to rest on an expert report.
- The opposite result would virtually created chaos. What should we be proud of, ask Seland, adding:
- We have a rule that allows Breivik never again will be able to pose any danger. There will always be a theoretical possibility of a legal system, but it also makes sense in a legal system. For Breivik, however, it is devastating to be considered insane. He would be the leader on the podium. Now he is the clown on the podium.
» » » » [VG :: Google Translate]
Commission upholds insanity claim
December 22, 2011 | News in English
A seven-member commission charged with evaluating court-appointed psychiatrists’ reports on the mental health of criminal defendants has upheld a recent controversial claim that confessed terrorist Anders Behring Breivik is insane and needs treatment, not jail time.
Norwegian Broadcasting (NRK) reported Thursday morning that the commission’s acceptance of the insanity claim comes despite widespread disagreement over the court-appointed psychiatrists’ evaluation of Breivik’s mental state. NRK had reported on Wednesday that at least three of the seven members of the commission on forensic medicine had raised serious objections to the report and conclusions made about Breivik by court-appointed psychiatrists Torgeir Husby and Synne Sørheim.
‘No substantial comments’
Tarjei Rygnestad, leader of Den rettsmedisinske kommisjon, nonetheless said the commission was forwarding the report “with no substantial comments,” meaning that Husby’s and Sørheim’s conclusions were accepted. The commission agrees that Breivik is criminally insane and can’t be held responsible for the July 22 bombing and massacre that he planned for years and which left 77 persons dead.
Rygnestad told NRK he couldn’t comment in detail because of confidentiality issues, but said the commission would be prepared to account for its evaluation of the report on Breivk if the court asks for that.
The determination that Breivik is insane has been a topic of great debate since Husby’s and Sørheim’s report was released in late November. Several other top-rated psychiatrists also dispute the report’s conclusions, and believe Breivik can and should be held accountable for his attacks. Newspaper Dagsavisen, for example, reported Thursday that two veterans of forensic psychiatry are calling for a new evaluation of Breivik, by new court-appointed psychiatrists.
‘Can’t live with the doubt’
“As a society we cannot live with the doubt that Synne Sørheim and Torgeir Husby have reached the right conclusion,” psychiatrist Pål Abrahamsen told Dagsavisen. Both he and colleague Steinar Hauge have read Sorheim’s and Husby’s report and agreed that “all are best-served” if another report is made.
Abrahamsen and Hauge have been involved in several hundred criminal cases for more than 30 years, and Abrahamsen said he believes Breivik is fully capable of standing trial and being held criminally responsible for his actions. “I believe he acted rationally,” Abrahamsen said. Both he and Hauge dispute Sørheim’s and Husby’s conclusions that Breivik suffers from paranoid schizophrenia and psychosis.
Commission member denied disagreement
The seven-member commission, though, supported the conclusion. NRK had reported that its deputy leader Gunnar Johannessen had been critical, but Johannessen denied that to VG Nett Wednesday night.
Now it’s up to Breivik’s defense counsel and prosecutors to take the next step, and either accept the commission’s conclusion, ask for a new evaluation of Breivik or put forth other psychiatrists’ reports and seek advice.
Defense counsel often welcome insanity declarations, to keep their clients out of jail. In this case, Breivik himself objects to being called insane and seems anxious to defend his mass murder in court. One of his defense attorneys, Vibeke Hein Bæra, told NRK that Breivik would be presented with the commission’s decision “and then we’ll decide what to do.”
» » » » [News in English]