Utskrift fra Lovdata - 23.01.2018 10:08 Oslo District Court (Oslo tingrett) - TOSLO-2011-188627-24 Authority Oslo District Court (Oslo tingrett) - Judgment. Date 2012-08-24 Published TOSLO-2011-188627-24 Keywords The 22 July case. Criminal law. Murder. Terror. Sanity. Preventive detention. The Penal Code section 147a first subsection paras. a and b, cf. the Penal Code sections 148 first subsection first penalty alternative and 233 first and second subsections, and 233 first and second subsections, cf. section 49, and the Penal Code section 147a first subsection para. b, cf. sections 233 first and second subsections, and 233 first and second subsections, cf. section 49. Summary A man b. 1979 was sentenced to preventive detention for a term of twenty-one years and a minimum period of ten years for two terror acts by which among others 77 people were killed. The defendant killed 8 people while 9 persons were seriously injured when he detonated a car bomb in the Government District in Oslo. The explosion also caused extensive material damage. The same day the perpetrator killed 69 people, of which the majority were participants at the Workers' Youth League (AUF)-run summer camp at Utøya Island. Most were killed by shooting or as a consequence thereof. In addition 33 youths were seriously injured. Besides the physical injuries a considerable number of people suffered mental aftereffects. The court found the defendant to be sane, i.e. not psychotic, at the time of crime, and was thereby liable to penalty. The defendant had acknowledged having committed the acts of which he was accused, pleaded not guilty to the charges. (Summary by Lovdata.) Proceedings Oslo District Court (Oslo tingrett) TOSLO-2011-188627-24 (11-188627MED- OTIR/05). The judgment has legal force. Parties The Public prosecuting authority (Public Prosecutor Svein Holden, Public Prosecutor Inga Bejer Engh) vs. A (Advocate Geir Lippestad, Advocate Vibeke Hein Bæra, Advocate Tor Eskild Kvinge Jordet and Assistant Lawyer Odd Ivar Ausnes Grøn. Author Presiding judge: District Court Judge Wenche Elizabeth Arntzen. Professional judge: District Court Judge Arne Lyng. Lay judges: Ernst Henning Eielsen, Diana Patricia Fynbo, Anne Elisabeth Wisløff. Last update 2018-01-22 TOSLO-2011-188627-24 Side 1 Utskrift fra Lovdata - 23.01.2018 10:08 1. Background of the case On Friday, 22 July 2011 at 15:25, a bomb exploded in the Government District in Oslo. The explosion resulted in eight persons being killed and nine seriously injured. Nearly 500 people were in the vicinity when the bomb exploded, and were thus also in danger. Several of these sustained physical injuries and psychological suffering. The explosion also caused extensive material destruction, first and foremost of the premises of the Office of the Prime Minister and the Ministries in the Government District, but also of nearby buildings. Later the same day, from about 17:21, a massacre started on Utøya in Hole Municipality. At the time, 564 persons were on the island, 530 of whom were youth attending the Norwegian Labour Youth (AUF) summer camp. This afternoon, altogether 69 persons were killed. Most were killed by shooting or as a consequence thereof. Furthermore, 33 youngsters were injured, this too by shooting or as a consequence thereof. In addition to physical injuries, a large number of persons suffered psychological aftereffects. A, born 0.0.13 February 1979, was apprehended by the police on Utøya at approximately 18:34, suspected of having committed the crimes at the Government District and on Utøya. Oslo Public Prosecutor's Office has, as ordered by the Director General of Public Prosecution, issued an indictment against A in this case. The indictment to be examined is dated 13 April 2012, and after corrections during the main hearing on 21 May and 21 June 2012 it has the following contents: The Public Prosecutors of Oslo hereby indict A , born 0.0.1979, Åsta Øst, 2450 RENA, before Oslo District Court, pursuant to section 39 of the Penal Code, for sentence to be passed for his transfer to compulsory mental health care, cf. chapter 5 of the Mental Health Care Act, for having in a psychotic state committed an otherwise punishable act, namely the violation of: I Section 147a of the Penal Code, first subsection paras. a) and b), cf. sections 148 first subsection first penalty alternative and 233 first and second subsections for having committed a terrorist act in violation of section 148 of the Penal Code, first subsection, first penalty alternative (bringing about an explosion whereby loss of human life or extensive damage to the property of others could easily be caused) and of section 233 first and second subsections (premeditated murder where particularly aggravating circumstances prevail) with the intention of seriously disrupting a function of fundamental importance to society, such as the executive authority, or creating serious fear in a population. Grounds: On 22 July 2011 at approximately 15:17 in Grubbegata in Oslo, following prior deliberations and planning, he parked a VW Crafter van with registration number BR 99834 outside the entrance of the H-block of the Government District, housing, inter alia, the offices of the Prime Minister and Minister of Justice. At the time, a total of at least 250 persons were in the H-block and surrounding ministry offices and some 75 persons in the streets in the immediate vicinity thereof. In the vehicle he had placed a selfmade bomb weighing approximately 950 kg, consisting, inter alia, of artificial fertilizer, diesel and aluminium. He ignited a fuse with a burn time of some seven minutes and thereafter left the scene by foot to a previously parked getaway car, a Fiat Doblò with registration number VH 24605. The bomb detonated at 15:25:22 with a violent firepower and shockwave in keeping with his intentions, bringing a large number of persons who found themselves in the buildings of the Government District or at street level into immediate mortal danger, and causing massive material damage to the same buildings, as well as to surrounding buildings. By means of the explosion, he did kill the following eight persons, who all sustained extensive blast injuries: 1. N001, born 0.0.17 February 1979 He was at the entrance of the H-block and close to the van and died immediately of massive injuries caused by the shockwave and splinters/objects that hit him. TOSLO-2011-188627-24 Side 2 Utskrift fra Lovdata - 23.01.2018 10:08 2. N002, born 0.0.20 February 1977 She was at the entrance of the H-block and close to the van and died immediately of massive injuries caused by the shockwave and splinters/objects that hit her. 3. N003, born 0.0.29 June 1981 She was outside the entrance to the H-block and died quickly of very extensive injuries to the head and body caused by the shockwave and splinters/objects that hit her. 4. N004, born 0.0.16 September 1959 She was in the reception area on the ground floor of the H-block and died immediately of extensive injuries to the neck and spinal cord caused by the shockwave and splinters/objects that hit her. 5. N005, born 0.0.21 March 1950 She was in the reception area on the ground floor of the H-block and died immediately of extensive injuries to the chest and abdomen caused by the shockwave and splinters/objects that hit her. 6. N006, born 0.0.10 October 1984 She was in the reception area on the ground floor of the H-block and died immediately of massive injuries to the head and body caused by the shockwave and splinters/objects that hit her. 7. N007, born 0.0.31 July 1978 He was in Grubbegata next to the driveway leading to the main entrance of the H-block and died immediately of massive injuries to the head, chest and abdomen caused by the shockwave and splinters/objects that hit him. 8. N008, born 0.0.31 July 1954 She was in the proximity of the fountain at Einar Gerhardsen Square and died quickly of extensive injuries to the throat and chest caused by the shockwave and splinters/objects that hit her. By means of the explosion, he did also attempt to kill a large number of persons, including the others who found themselves in the H-block and surrounding streets. He did not succeed in his intention, but nine persons sustained serious physical injuries, as follows: 9. N009, born 0.0.23 August 1949 He was in the proximity of the fountain at Einar Gerhardsen Square and sustained extensive fracture injuries and wounds to the head/face and right lower leg, chest wounds and haemorrhaging under the dura mater. Several splinters had to be removed surgically from his chest and face and his right leg had to be subsequently amputated below the knee. N009 was hospitalized in Oslo University Hospital from 22 July until 19 September 2011, where he was operated on approximately 13 times. Thereafter he was moved to Sunnaas Hospital until 15 November of the same year and Fram Health Rehabilitation Centre until 10 January 2012. 10. N010, born 0.0.17 July 1964 She was in the proximity of the fountain at Einar Gerhardsen Square and sustained extensive wounds to the head/face, chest, arms and legs, fractures to the skull and facial bones and injuries to both ears. The artery of her left upper arm was ruptured, causing injuries to nerves, muscles and ligaments of the same arm. Damaged tissue had to be removed from the chest. With was hospitalized in Oslo University Hospital from 22 July until 26 August 2011, where she underwent several operations, inter alia, to remove splinters.