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– Ingen «quick fix» – VG


CONDEMNED TO REPAIR: Birgitte Tengs’ cousin was acquitted of murder but sentenced to pay compensation

For over 24 years, Birgitte Tengs’ cousin fought against the compensation verdict. Now the battle may be over, but it’s actually too late.

  • Anne Sofie Mengaaen Åsgard

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Updated only now

In 1998, Birgitte Tengs’ cousin was acquitted of the murder but sentenced to pay compensation. Several times in the past, her cousin has asked for the reopening of the compensation procedure, but has been rejected.

After a man in his fifties became arrested and accused for the fall 2021 murder, the cousin filed a petition for the case to be reopened.

– There is no one in Norway who would claim that two different people should be convicted of the same crime, says cousin’s advocate, Arvid Sjødin.

If the verdict is upheld, two people could be held responsible for the murder. Both the cousin and the man in his fifties.

Getting the reopening of the damages judgment is still far from being a simple process.

In fact, it is too late. The deadline expired 14 years ago.

The court speaks to the parties

There is also no automatism in the fact that the cousin’s compensation sentence disappears if the man in his fifties, accused of the murder of Birgitte Tengs, is prosecuted or convicted.

– There is no formal and direct link between the pending criminal case and our handling of the civil case, says the first in charge of the Agder Court of Appeal, Dag Bugge Nordén.

Nordén now confirms that the court is in dialogue with the cousin’s defense attorney and with the parental advocate.

– We evaluate what are the appropriate progress in the case with the understanding of the parts, continues the first in command.

Assistance attorney Jon Christian Elden says they are waiting for the situation.

– The parents have neither joined nor opposed the petition, because it is too early to have an opinion on the matter before the case against the defendant is decided, he says.

Defender Arvid Sjødin hopes for a quick solution.

– We have had contact with the court, but we have not yet been able to resolve it. I believe this will be resolved in October, says the cousin’s defender.

TOO SOON: Care attorney Jon Christian Elden says parents will wait for the situation until the case against the accused is decided.

Professor of law: Hole in the system

There is still a big hurdle related to the 1998 compensation ruling. In the Disputes Act, the deadline for reopening cases is 10 years, absolutely.

– After 10 years, it will not be possible to reopen the case, says Maria Astrup Hjort, a professor at the University of Oslo.

It receives support from Professor Magne Strandberg of the University of Bergen.

– The term in the Dispute Law itself applies without exception, he says.

Hjort points out that the Disputes Act does not take into account the kind of situation the cousin is in now, i.e. situations where the award of compensation results from a criminal case.

– Today there is a hole in the system, continues Hjort.

– Norwegian legislation at its worst

The cousin’s advocate believes Norwegian law is in conflict with the European Convention on Human Rights (ECHR) and the United Nations Universal Declaration of Human Rights.

– This case shows Norwegian legislation at its worst, because it violates Norway’s relationship with international conventions, says Sjødin.

He believes this is a reason to have the judgment reopened, despite the deadline.

– We will argue that the compensation judgment should be reopened on the basis of Norway’s obligations under international law, continues the defender.

PETITION SUBMITTED: In the fall of 2021, Arvid Sjødin filed a petition for the reopening of the compensation judgment.

Possible to circumvent the deadline

Despite the mandatory deadline, Professor Strandberg believes it is possible to bypass the 10-year deadline.

– In cases where the outcome of the parallel criminal case is different from the previous court round, it should ideally be possible to reopen the compensation case despite the deadline, says Strandberg.

It also refers to the European Convention on Human Rights.

– You can presumably use the provisions of the Constitution and the ECHR on due process or the presumption of innocence itself to be able to ignore the 10-year term, continues the law professor.

– Ingen quick fix

Law professor Maria Astrup Hjort says the court is now faced with a special situation.

– It will be interesting to follow how it will be solved. There is no quick fix to this problem, he says.

Hjort believes lawmakers should now consider changing the Disputes Act to include situations like that of the cousin as well.

– It is different for compensation cases resulting from criminal proceedings. The person responsible for the compensation may need to clean up, and so there should be an exception at the 10-year deadline, Hjort says.

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