Breivik demanded the release: – He has a comprehensive explanation in advance

– He is in custody and the minimum period has expired. Then he has the opportunity to have the question of further stay in closed prison tried in a court of law. That’s what he wants.

That is what Breivik’s defender, Øystein Storrvik, tells NRK.

He says that he and Breivik have worked on what is to be presented to the district court.

– What will Breivik say in court?

– He has pre-empted a comprehensive explanation in court, and I do not wish to pre-empt it, says Storrvik.

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VIDEO: District Court Judge Ina Strømstad explains.

Has the right to demand the release

Anders Behring Breivik, who has also signed the claim with the signature Fjotolf Hansen, was sentenced in the summer of 2012 to 21 years in custody for the terrorist acts on Utøya and in the government quarter.

The minimum term was set at the maximum permitted by law, which was ten years when the sentence was announced.

When the verdict fell against Breivik in 2012, the Oslo District Court pointed out that he has expressed that he will continue the fight behind the walls, and that he believes that violence is necessary to achieve his political goals.

Photo: Lise Åserud / NTB

– This means that the accused, even after he has served 21 years in prison, will be a very dangerous man, the judges concluded, with reference to the forensic psychiatric assessment.

Ten years after the massacre on July 22, when the minimum term for the custodial sentence expired, the 42-year-old convicted of terrorism took advantage of the right to demand the release on probation.

– A danger to society

The prosecution has opposed a release and the case must therefore be dealt with by the court.

– The prosecution believes that Breivik meets the conditions for detention – that he is still a danger to society out here, says public prosecutor Hulda Karlsdottir to NRK.

Karlsdottir says that the background for this assessment is, among other things, a document from the Prison and Probation Service, a risk assessment from a psychiatrist and the prison’s own recommendation based on why the claim to Breivik should not be complied with.

State Attorney Hulda Karlsdottir

State Attorney Hulda Karlsdottir says that the prosecution still believes that Breivik is a danger to society.

Photo: Roy Pettersen / NRK

The question the district court will now answer is whether Breivik, who killed 77 people, is so dangerous that society needs extra protection against him. If that is the case, he stays seated. If he is not considered dangerous, he can be released on probation with conditions for probation.

Has warn about trusting Breivik

The court has set aside three days for the main hearing of the case.

On the first day in court, on Tuesday 18 January, Karlsdottir gave an introductory speech defending Øystein Storrvik’s coma with remarks.

Furthermore, Anders Behring Breivik will explain himself in court and be examined by the prosecutor and the defense. It is set aside an hour and a quarter to his free explanation, followed by questioning from the parties.

The judge has the right to stop the filming and the explanation, if he does not stick to the case.

On Wednesday, the presentation of evidence begins with testimony.

Pär Öberg, a prominent member of the Nazi organization that calls itself the Nordic Resistance Movement in Sweden, will testify on Wednesday morning. It is Breivik’s defender Øystein Storrvik who has led him as a witness.

According to Öberg, psychiatrist Randi Rosenqvist will testify.

Psychiatrist Randi Rosenqvist.

Psychiatrist Randi Rosenqvist will testify in the Breivik trial.

Photo: Lise Åserud / NTB

Randi Rosenqvist, who is the psychiatrist responsible for insurance in prison and has written several risk assessments about Breivik, has on several occasions warned against trusting him.

She confirms that she will testify in court.

– I will explain the psychological development Breivik has gone through during the time he has been in custody, she says to NTB.

Entitled to a new trial every quarter of a year

In theory, a custodial sentence can linger for the rest of your life.

When the maximum period has expired, the court may extend the sentence by one to five years an unlimited number of times if the prosecution so requests and the conditions are met.

Similarly, remand prisoners have the right to request a new judicial assessment as soon as the minimum time has elapsed.

For each time the court refuses probation, the remand prisoner can apply again after one year.

– I have a very great understanding that those who have been directly affected by this think it is very, very stressful that the case comes up again, says Ina Strømstad, District Court Judge Oslo District Court.

District Court Judge Ina Strømstad

District Court Judge Ina Strømstad says she is sure that the court will make the right decision.

Photo: ISMAIL BURAK AKKAN / NRK

At the same time, she points out that the judicial system must be like this.

– Because this punishment is indefinite, a check must be made at regular intervals as to whether the conditions are in place to keep him in custody. Simply check if he is dangerous or not, she says.

– I am absolutely sure that the court makes a very thorough assessment, they get a lot of information, which means that they make the right decision, Strømstad adds.

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