10 Sept: Ruling by Norway Supreme Court: Secretary General: Gunnar Bergby: No Legal Standing
Response: If Mr. Breivik wants to deny himself and other White Nationalists, their right to the court conducting a full impartial objective and subjective enquiry into their necessity evidence, that is their choice. It is my assertion that the Breivik judgement necessity ruling is discriminatory, by setting a precedent that can deny (or can due to ignorance deny themselves, by lacking the knowledge to assert their right thereto); other necessity activists an objective and subjective examination of their necessity evidence.
Andrea Muhrrteyn | EcoFeminist vs. Breivik | 11 September 2012
Ruling by Supreme Court of Norway: Secretary General: Gunnar Bergby in: Application for review of Oslo District Court Judgement of 24 August 2012 (2011-188627-24)
Reference is made to your e-mails sent 27 August, 28 August and 31 August 2012 regarding the above mentioned matter.
I wish to draw your attention to the Norwegian Criminal Procedure Act section 306 (a copy in English is enclosed). According to this regulation, 1st paragraph, the parties may appeal against a criminal judgment rendered by the district or appellate court. Persons or legal entities that are not parties to the case are not given the right of appeal. Mr. Anders Behring Breivik and the prosecution authority are the only parties in the specific case mentioned above, and the right of appeal is constricted to these.
Consequently, the Supreme Court of Norway will not be able to comply with the request set forth in your e-mails. Further requests and applications from you will neither be handled nor answered by the Supreme Court.
Response to Supreme Court Sec. General: Gunnar Bergby
Gunnar Bergby
Secretary-General / President
Supreme Court of Norway
Secretary General Bergby,
Re: Sec.Gen decision of 09.09.2012, to Application for review of Oslo District Court's judgment of 24 August 2012 (2011-188627-24)(PDF)
Thanks for your undated letter, sent 10 September 2012, where you state:
Reference is made to your e-mails sent 27 August, 28 August and 31 August 2012 regarding the above mentioned matter.
I wish to draw your attention to the Norwegian Criminal Procedure Act section 306 (a copy in English is enclosed). According to this regulation, 1st paragraph, the parties may appeal against a criminal judgment rendered by the district or appellate court. Persons or legal entities that are not parties to the case are not given the right of appeal. Mr. Anders Behring Breivik and the prosecution authority are the only parties in the specific case mentioned above, and the right of appeal is constricted to these.
Consequently, the Supreme Court of Norway will not be able to comply with the request set forth in your e-mails. Further requests and applications from you will neither be handled nor answered by the Supreme Court.
Relief Requested:
Could you kindly provide me with the relevant statute in Norway that provides the Secretary General the authority to refuse to process a case, citing lack of locus standi/legal standing; thereby denying such applicant due process access to be heard by an impartial court?
It is my understanding – perhaps incorrect - that it is not a matter for the Secretary General to make a final ruling on the relevant locus standi / legal interest of any party in any dispute. See for example:
Scottish Salmon Growers Association Limited v. EFTA Surveillance Authority (Case E-2/94): “The Court finds that this principle must also apply when considering … whether a measure is reviewable and who has locus standi to bring an action for annulment of a decision.” (11)
Private Barnehagers Landsforbund v EFTA Surveillance Authority, supported by Kingdom of Norway (Case E-5/07): The court finds…. “In Husbanken I, it was sufficient for the association whose complaint had been at the origin of the case to show that the legitimate interests of its members were affected by the decision, by affecting their position on the market; and that in this case, where the decision was a decision not to object to State aid, locus standi could even arise alone from the facts that the association was, as a representative of its members, at the origin of the complaint, that it was heard in the procedure and that information was gathered from the State in question” (66)
According to Hans Chr. Bugge, Professor of Environmental Law at the Department of Public and International Law, University of Oslo, in his article: General background: Legal remedies and locus standi in Norwegian law:
The general criterion for locus standi in civil court cases in Norway is that the plaintiff must have "legal interest" in the case.( Art. 54 of the Civil Proceedings Act.) The dispute must be a live controversy, and the plaintiff must have a sufficiently close connection to the subject matter so as to justify the court's treatment of the dispute. There is no clear definition or delimitation of the concept. Whether a person has "legal interest" is decided discretionary in each case, and depends on individual circumstances. The core question to ask is whether the person has reasonable grounds for having the issue tried by a court. To have "legal interest" to have a matter tried by the courts, the plaintiff must be affected by the matter to such an extent that it justifies the use of the court system. Interests which are only based on public or common rights, such as the public right of way, may be accepted if they are strong enough.
However, a purely "ideal" interest in the matter is not enough. For example, an ordinary citizen has not locus standi in a case concerning the authorities' licencing to kill wolves, based on his general interest in the protection of these predators.
Based on Supreme Court cases, it is usually accepted that nongovernmental environmental associations have "legal interest" in environmental cases. This was established by the Supreme Court in 1980 (the Alta case) The court accepted that the Norwegian Association for Nature Conservation had standing to sue the government in respect of the validity of the decision to build a hydropower dam and station on the Alta river.
In a later case, a nationwide association working to influence life style and reduce consumption, in favour of international solidarity and environmental protection, was entitled to bring an action for compensation for pollution damage on fishing and recreational areas against two chemical factories in the Southern part of Norway bordering Sweden. The local branch of the Swedish Association for Nature Conservation in the affected area, was also found to have standing in the case.
I cannot find any ruling or decision on locus standi, where it says the ‘Secretary General’ of the Courts Administration Act, ruled on a matter of locus standi. All of the locus standi decisions I could find in Norwegian law, all clearly indicate that the matter is heard by the court, not by the Secretary General of Courts Administration.
In the absence of any staturory authority granting you the Secretary General the authority to make a decision on locus standi, as far as I am aware, the matter of locus standi is consequently a matter that is dealt with by the court, not the Secretary General, or any court administration official.
Legal Standing: Party in Proceedings:
Additionally, if there is such statutory authority granting Secretary Generals the authority to adjudicate matters of locus standi, thereby denying an applicant their hearing on a matter of locus standi by an impartial court; could you also provide me with the following evidence, to support your official decision to deny my application due process before an impartial court of law:
1. The court transcript of the day upon which Judge Nina Opsahl publicly acknowledged receipt of my Habeus Mentem (Right of Legal Sanity on behalf of Mr. Breivik) application in open court proceedings, including her interpretation of how my application was interpreted by the court (eg. intervene as a party), and the subsequent ruling by the court, approving or denying my application and decisions therefore; hence confirming my alleged ‘non-party’ status, in this matter.
2. The court transcript of the day upon which Judge Wenche Arntzen publicly acknowledged receipt of my Amicus Curiae application in open court proceedings, including her interpretation of how my application was interpreted by the court, and the subsequent ruling by the court, approving or denying my application and hence confirming my alleged ‘non-party’ status, in this matter.
In the absence of such evidence provided to the Supreme Court by the Oslo District Court, proving that my Habeus Mentem and Amicus Curiae applications were provided impartial due process consideration and adjudication; those matters regarding my legal standing status as a ‘party, or not’ to the proceedings, remain unresolved, and can only be resolved before an impartial court.
Furthermore, according to 03 September 2012 correspondence from the the Supervisory Committee for Judges, the status of the complaints against Judge Opsahl, Judge Arntzen and Justice Schei for denying me my due process right of access to a court to resolve my disputes, are as follows:
“Your complaints have been given the case numbers 12-071 (Judge Nina Opsahl), 12-072 (Judge Wenche E. Arntzen) and 12-073 (Justice Tore Schei). The complete handling time can be close to six months.
If a party have given a statement in the case, these will be provided the complainant. The Supervisory Committee has not received statements from the other parties involved.
Legal Standing: Legal Interest:
I am an Ecofeminist Political Necessity Activist, who has an interest in ensuring that all political activists from all ideologies, religions, races, cultures who plead to political or military necessity have their ‘necessity’ evidence examined by the court, in terms of an objective and subjective test of such ‘necessity evidence’; the results of such an enquiry being used to make the final determination as to the accused’s guilt or innocence, or mitigation or aggravation of sentencing.
Mr. Breivik’s trial was the most high profile necessity trial on the world stage, for decades. If Mr. Breivik wants to deny himself and other White Nationalists, their right to the court conducting a full impartial enquiry into their necessity evidence, by conducting a subjective and objective test thereof; then that is Mr. Breivik and White Nationalists right to deny themselves an impartial enquiry by the court of their necessity evidence.
The denial by the court, to Mr. Breivik of his right to an objective and subjective test of his necessity evidence, should not be allowed to set a precedent where environmental, immigrant, religious or other necessity activists are also denied their right to an objective and subjective examination of their necessity evidence, just because one white nationalist chooses to become a martyr, with the enthusiastic support of the Oslo District Court and Norwegian Prosecutory authorities.
As detailed in my Notice of Motion ground [A.1.g] (Necessity and Guilt Judgement’s Absence of Objective and Subjective Test Enquiry and Conclusions Renders it Discriminatory Precedent) it is my assertion that the ‘Nodrett/Necessity’ ruling in the Oslo District Court: Breivik judgement as it currently stands discriminates against other future necessity activists, by setting a precedent whereby they can be denied (or can due to ignorance deny themselves, by lacking the knowledge to assert their right thereto); an objective and subjective examination of their necessity evidence.
My application for review is accordingly to demand the right to an effective remedy, to amend this discriminatory necessity ruling in the Oslo District Court’s Breivik judgement, from affecting other necessity activists.
ECHR: ARTICLE 13: Right to an effective remedy
Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity.
ECHR: ARTICLE 14: Prohibition of discrimination
The enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.
Request Norwegian Court Officials Provide Consideration to my Review Application, equivalent to the Consideration Given by Military Judge Lind in the Bradley Manning Courtmartial to Letters from Center for Constitutional Rights:
In the case of Bradley Manning’s court martial before a U.S military court, lawyers simply wrote two letters (i.e. not official Notice of Motion applications) to the presiding Chief Judge Lind, objecting to the courts secrecy about particular issues. The Judge proceeded to honourably publicly in court proceedings acknowledge receipt of the letters, file them as public court record exhibits, and treated them as a request to intervene, providing an official court record denial of the request.
Appellee's answer to Appellants Petition for Extraordinary Relief in the Nature of Writs of Mandamus and Prohibition (Pg2-3)
On March 21, appellants, who are not parties to the court martial, sent a letter to the military judge requesting the Court: "make available to the public and the media for inspection and copying all documents and information filed in the Manning case, including the docket sheet, all motions and responses thereto, all rulings and orders, and verbatim transcripts or other recordings of all conferences and hearings before the Court."
At the 39(a) session on April 24, the military judge marked appellants letter as Appellate Exhibit 66, treated it as a request to intervene, and denied the request."
I would imagine if a Military Judge in a Military Court (generally considered far more formalistic than a civilian court) could favourably interpret a letter as an application; then a civilian court could provide a Pro Se applicant who filed an application, with the same honourable transparency? Is this too much to ask of Norwegian jurists and court officials?
» » » » [Read Further]
No comments:
Post a Comment