– We are of the opinion that the state’s overall intervention – the order, the submission and punishment in the form of a fine – is not disproportionate based on the guidance that appears from the Supreme Court’s practice, says Acting State Attorney Stian F. Hermansen in the Oslo State Attorney’s Office to NTB.
Earlier this month, Oslo District Court acquitted all of the defendants following the Fosen demonstrations in central Oslo.
The prosecution disagrees with the result and reasoning from the district court, and has thus decided to partially appeal the verdict.
The appeal concerns the 13 who demonstrated at the Ministry of Oil and Energy, states the law firm Elden in a press release.
Charges dropped for five shareholders
The acquittal of the five defendants who campaigned outside the Ministry of Finance is final.
At the same time, the public prosecutor’s office has agreed to cancel the indictment for seven of the campaigners who also participated in the campaign outside the Ministry of Finance.
– The five who stood trial following the demonstration in front of the Ministry of Finance were acquitted as a direct result of the prosecution dropping the charges for this matter, says State Attorney Hermansen and adds:
– We have therefore not considered appealing this part of the judgment.
– Principled, correct and good judgement
The lawyers Olaf Halvorsen Rønning and Anne-Marie Gulichsen, who defended the activists in the district court, believe that the prosecution, by appealing the verdict, has placed too little emphasis on the fact that the case differs from other types of cases concerning civil disobedience.
– Freedom of speech and assembly is particularly important to hold the government accountable for human rights violations committed once morest indigenous people. We believe the district court’s judgment is principled, correct and good when it came to the fact that Norwegian democracy must have room for demonstrations like this, says Rønning.
He believes there is nothing to indicate that the prosecution’s appeal will get through to the Court of Appeal.
In violation of human rights
The demonstrations in Oslo were aimed at the government’s lack of follow-up on the Fosen case following the Supreme Court’s judgment in the case.
The Supreme Court ruled that the establishment of wind power plants at Fosen was in violation of human rights because they violated the Sami’s right to exercise their culture.
It will now be up to the appeals committee in the Borgarting Court of Appeal to decide whether the prosecution’s appeal should be processed, or whether the district court’s judgment will stand.
#prosecution #appealing #acquittal #Fosen #protesters
2024-04-24 09:17:59
