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Trial of Anders Behring Breivik

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Oslo Courthouse, where the trial is being held
The main entrance of Oslo Courthouse

The trial of Anders Behring Breivik, the perpetrator of the 2011 Norway attacks, started on 16 April 2012[1][2][3] in Oslo District Court. 170 media organisations have been accredited to cover the proceedings,[4] involving some 800 individual journalists.[5] The trial will determine the extent of the defendant's criminal responsibility for these attacks and thereby whether he will be sentenced to imprisonment or committed to a psychiatric hospital. It has also been speculated that the future role of forensic psychiatry in Norway will be heavily influenced by the proceedings.[6]

Background

On 25 July 2011, Breivik was charged with violating paragraph 147a of the Norwegian criminal code,[7][8] "destabilising or destroying basic functions of society" and "creating serious fear in the population",[9] both acts of terrorism under Norwegian law.

Forensic psychiatrists Torgeir Husby and Synne Sørheim, who conducted the psychiatric analysis of Breivik and released their report in December 2011, found that he was suffering from paranoid schizophrenia, supporting a would-be insanity defence or criminal insanity ruling by the court. However, subject to massive criticism from legal and psychiatric experts, the court decided to appoint two new psychiatrists, Terje Tørrissen and Agnar Aspaas, who were to conduct another analysis. Breivik was initially uncooperative with the new psychiatrists because of the previous report having been leaked to the media, but he later changed his mind and decided to cooperate.[10] On 10 April 2012, psychiatrists found that Breivik was legally sane.[11] If that conclusion is upheld, Breivik can be sentenced to prison or containment.[12]

Parties

File:AB Breivik bilde 1468 lrg.jpg
Anders Behring Breivik, the defendant.
Geir Lippestad, Breivik's defense counsel.

Breivik is represented by his defence counsels Geir Lippestad, Vibeke Hein Bæra, Tord Jordet and Odd Ivar Grøn.[13] Lippestad and Bæra are both in their fifties, whereas Jordet and Grøn who are both in their thirties and were in employment at Lippestad's law firm prior to 22 July 2011 as associates. Bæra, who has ten years of experience as public prosecutor, was hired as a partner following Lippestad's accepting the request from Breivik to defend him.[14] The prosecution is represented by state prosecutors Svein Holden and Inga Bejer Engh.[13]

The presiding judge is Wenche Elizabeth Arntzen. She is joined by judge Arne Lyng and lay judges Ernst Henning Eielsen, Anne Wisløff and Diana Patricia Fynbo. Wisløff came in as an alternate after Thomas Indrebø had to recuse on the second day of the trial when it came to light that he had advocated the death penalty on a Facebook page the day after the terror attacks.[15][16]

  • Defendant
  • Judges
    • District court judges
    • Lay judges in Oslo District Court
      • Thomas Indrebø, receptionist (16–17 April)
      • Anne Elisabeth Wisløff, retired family consultant (from 17 April)
      • Diana Patricia Fynbo, teacher
      • Ernst Henning Eielsen, advisor
      • Ole Westerås (reserve), Lier, teacher
  • 166 counsels for the aggrieved have been appointed
  • Three coordinating counsels for the aggrieved representing the 166 in court[17]

Witnesses

Breivik's list of witnesses includes far right activist Tore Tvedt, Labour Party politician Raymond Johansen, prominent Islamists Mullah Krekar and Arfan Bhatti, and anti-Islamist blogger Fjordman.[18]

The purpose of calling Mullah Krekar is to help establish for the Defence that political and ideological extemism is not a psychiatric disorder and should not be treated legally with insanity.[19]

Start of trial

Day 1 (16 April)

Formal indictment against Anders Behring Breivik. Note: Contains explicit descriptions.

Breivik placed his fist against his heart and then raised his arm in a straight armed salute, with the fist clenched.[20]

Breivik said when offered the opportunity to speak, on Monday 16 April 2012, that he did not recognize the legitimacy of the Court because it derived its authority from parties supporting multi-culturalism. Breivik also claimed that presiding judge, Wenche Elizabeth Arntzen, was a close friend of Hanne Harlem, the sister of former prime minister Gro Harlem Brundtland. To the question from Arntzen whether this constituted a formal assertion of conflict of interest, Breivik's main defence counsel Geir Lippestad, after cursorily conferring with Breivik, replied that it was not.[21][22][23][24]

The charges were read out to Breivik by prosecutor Inga Bejer Engh including the indictments of terrorism and premeditated murder. Descriptions were provided of how each victim was killed.[25]

When asked to plead after hearing the charge-sheet, Breivik responded that he acknowledged that he had committed the offences, but pleaded not guilty because he was acting out of "necessity" (Norwegian: nødrett).[26] A court translator incorrectly rendered this as "self-defence" (Norwegian: nødverge), but court officials corrected the error on the second day.[27]

Prosecutor Svein Holden then outlined Breivik's life in the preceding decade, including lists of failed business ventures, and a year living off savings and playing World of Warcraft, at which mention Breivik apparently broke into a broad grin. At one point when the court was shown his 12-minute YouTube video, he started crying.[28]

An unidentified woman, a German national, was apprehended by the police as she tried to force herself into the court building, asserting herself as Breivik's girlfriend and displaying the photo of Breivik in military gear on her cell phone. According to the police she had a criminal record in Germany for several instances of disturbing the peace. She had arrived in Oslo from Stuttgart on the preceding day and rented a hotel room, expecting to stay for 14 days. Following an expulsion decision from Oslo Police District she was escorted out of Norway on 17 April.[29]

Defendant's testimony

Day 2 (17 April)

The second day was the opening day of Breivik's testimony, which is expected to last for a week, including cross-examination.[30]

The court was told that a lay judge, Thomas Indrebø, had posted remarks in the immediate aftermath of the defendant's acts on 22 July 2011, that the perpetrator ought to be given the death penalty,[31] and proceedings were adjourned to consider the implications of this,[32] which consequently led to the dismissal of that judge.[33]

Breivik often spoke with the collective "we" with reference to supposed association with others sharing his ideology. He focused on his purported fight against "multiculturalism" and compared it with the struggle of Tibet for "self-rule" and "cultural protection" from China. When asked about the greatest influence on his ideology and the biggest source of his worldview, Breivik said, "Wikipedia".[34] [35]

Breivik has claimed he would repeat the attacks given the chance. He claims he acted out of a desire to fight "communism" and to defend Norway and Europe against Muslims and multiculturalists. He maintained that he cannot be insane and was acting out of "goodness", and that he was part of an organization called "Knights Templar" (KT).[36]

Before starting his testimony the defendant had requested that he be allowed to begin by reading a document which he had written in the weeks leading up to the trial. He emphasized that reading this text was essential to his defence, and he also indicated that if this was denied him he might refuse to cooperate for the rest of the trial.[citation needed] It is unusual, although not unheard of, for the reading of a written document to be allowed during the defendant's verbal testimony.[citation needed] In making the request on Breivik's behalf, his lead counsel, Geir Lippestad, said it would take about 30 minutes to read the text. Reading it took 77 minutes, including a number of interruptions by the court's administrator who asked if he could try and sum up.[citation needed] Much of Breivik's speech could be seen as a summation of his previous 1,500-page manifesto published online just prior to the attacks. On several occasions during the day judges asked the defendant to keep his statements brief, and members of the public gallery voiced concerns that he may be going too far in using his defence statement as a platform for his ideological views. Breivik claims he would have preferred to target a group of journalists instead of the island camp, and that he had envisaged being killed in the course of his actions.[37]

When asked by prosecutor Inga Bejer Engh why he had broken into tears the opening day, Breivik responded that he had been weeping for Norway and his perception of its deconstruction: "I thought, 'My country and my ethnic group are dying.'"[38] Breivik also claims he does acknowledge the pain he has caused to people and families in Norway but did not apologize at that time.[39]

Day 3 (18 April)

The defendant greeted the court with his same fist-salute as he did the first day.[40] Breivik had been asked to not greet the court in such a manner, at the request of lawyers for the victims.[41]

Breivik was cross-examined about the contacts that he had made in his preparation. All he wanted at first to reveal was that he had travelled to both London and Liberia, and also had spoken with Norwegians online. The contact in Liberia happened to be a Serb, but he insisted on saying no more ostensibly because he wanted no more arrests.[42] The Norwegian police had suspected the Serb may be Milorad Ulemek which was denied both by the Defendant and by lawyers for Ulemek.[43] On the 5th day of the trial the Bosnian investigative weekly newspaper Slobodna Bosna reported that Milorad Pelemiš, a participant in the Srebrenica massacre of 1995, was Breivik's Serb contact. This was relayed to the trial parties and the Norwegian police by the news media.[44][45][46][47]

Breivik claimed to have been inspired by Serb nationalism, and was angered by the NATO bombing of Serbia in 1999. He said that he had actually "founded" The Knights Templar in London in 2002, and if the police dispute that to the depth as described by the defendant, it was because they had not done a sufficiently thorough job in investigating. Furthermore, he reaffirmed a lack of desire to give any information that can contribute to further arrests.[48]

The defendant went on to claim that, KT as he calls it, does not exist as an organization in its "conventional" understanding, but rather is "leaderless" and clustered around "independent cells".[49]

Allegedly there had been meetings with four individual nationalists, including "Richard", being the defendant's "mentor", and described as a "perfect knight", in a "founding" session. The prosecution attacked Breivik's version and allege that he is making it all up, essentially as something of a "fantacist". By some accounts the Defendant would get somewhat vexed at the repeated suggestion that there is no such network, and he insisted there are in fact some 15-20 members in the Knights Templar.[50]

Breivik talked about martyrdom and his actions making him a role model, and he emphasized that this couldn't be achieved as "keyboard warriors". He also used the term "sofa generals" when he asserted that one cannot be afraid to die if one wants to promote martyrdom.[51]

Breivik himself commented on the trial this day that there ought to be one of only two possible outcomes in the case, that of death penalty, or an acquittal. He said of the maximum sentence of 21 years imprisonment prescribed by Norwegian law that this is "pathetic".[52]

Day 4 (19 April)

Conceding to complaints from the counsels for the aggrieved, the defendant did not start the session with a salute to the court.[53]

Breivik was questioned about his reasons for moving back in with his mother in 2006. He disputed that it had been because he had been made bankrupt, he said he had been working hard from 2002-2006 and needed a break, and that he could save money that way whilst also preparing his manifesto. Also he revealed he kept liquid finances in that house, as cash in a safe.

Breivik was also questioned about his year playing World of Warcraft. He denies this could be linked with his actions. It was for him simply a game of "strategy" not "violence".[54] He also testified that he played another computer game, Call of Duty: Modern Warfare 2, for 16 months as practice before using his actual rifle. He emphasized that he didn't really like playing but it was necessary to gain the required practical skills.[55]

Breivik testified that the guns he used at Utøya were inscribed with rune names. His rifle had the name Gungnir, which is the name of Odin's spear, which returns to its owner upon use. His Glock pistol bore the name Mjölnir, the name of Thor the warrior god's hammer.[55]

In response to questioning about his motivations, Breivik said that he had tried more peaceful methods to convey his ideology, and had been resisted by the press. He decided to use violent means. This would have involved targetting the actual Labor Party's conference, or a Norwegian journalists' annual conference. In the event he had no time, neither to detonate more bombs. It was then that he claims to have conceded to an idea to launch the shooting spree on the island, and due to human limitations did not manage to shoot everyone there.[56]

The courtroom was visibly shaken and many people, including journalists, were weeping when Breivik told that his goal at Utøya had not been to kill 69 people, but to kill everybody. He wanted to frighten the youth there enough so that everybody would get into the water to escape. The water would then function as a weapon of mass destruction since, he reasoned, the people would be unable to swim out of fear.[55]

Detailed planning was talked about. Breivik's original plans involved three car bombs and shooting sprees across Oslo, and Breivik called it a "very large operation". Breivik said he thought about placing a bomb near the Labor Party headquarters; the Parliament of Norway Building; the Aftenposten offices; Oslo City Hall; and the Norwegian Royal Palace, though for the latter he claimed he would have forewarned the Royals.[57]

The Defendant explained how he hoped for the killings of all members of the Norwegian government cabinet in his bombing, and how he also would have beheaded the former Prime Minister of Norway, Gro Harlem Brundtland, if things had gone to plan.[58] He added that he envisaged handcuffing her and then beheading her using the bayonet on his rifle, whilst recording the killing on an iPhone, and then posting it online.[59]

Day 5 (20 April)

In advocating his own sanity, Breivik on this day asked the court to distinguish "clinical insanity" from what he alleged is his own "political extremism", and conceded that what he did caused huge suffering. Breivik said how he potentially could comprehend the human suffering resulting from his actions but that he deliberately blocked this from his immediate consciousness to cope.[60]

The defendant went into great detail about his shooting spree on the island. The technicalities and level of description used was difficult for the victims' families and survivors to listen to. Breivik claimed that he had hesitated and did not feel entirely at ease as he set out on his operation. He described how his victims reacted and said that it sometimes came as a surprise to him, saying that he had never seen for example on television how people in such circumstances might become effectively immobilized. Breivik would find some of the teenagers lying on the ground pretending to be dead and he shot them too. Breivik said that there are gaps in his memory of some of the 90 or so minutes he spent killing on the island. The defendant also said that he had considered wearing a Swastika for the operation for its scaring effect but chose not to because he did not want to appear a Nazi.[61]

Breivik mentioned that he was ordinarily a nice person. He said that he very nearly backed out of doing the operation on the island, and whilst he was carrying it out, was in a state of what he described as shock, and he was just about functioning. He also claimed that there were a few people on the island whom he spared because he perceived them to be very young.[62]

Day 6 (23 April)

This had been scheduled to be Breivik's last day of testimony, being a day longer than originally listed, but the prosecution had applied to the court for more time to cross-examine the defendant.[63]

Breivik apologized for the deaths of "innocent" passers-by in Oslo caught in the bombings; Breivik did not apologize for deaths on the island, which he considered political. He has commented that what he did was "a small barbarian act to prevent a larger barbarian act".[64]

Breivik wanted the court to believe that he himself had lost his family, friends, and "everything" on the day he carried out the attacks. He believed however that whoever was on the island was a "legitimate target" through being the "political activists" that sought the "deconstruction of Norwegian society" using "multiculturalism". Also he described what he did as being "cruel but necessary". Breivik says he felt repulsion at what he was doing but at the same time a compulsion because he feels it would avoid something worse in future.[65]

The defendant alleged that he was the victim of a "racist plot" in the prosecution's efforts to find him legally insane, and his behavior irrational. Breivik argued that no "bearded jihadist" would have been subjected to investigations of sanity, and as a "militant nationalist" the prosecution were out to delegitimize his ideology.[66]

Prosecution witnesses

Day 7 (24 April)

The prosecution opened by calling their first witness, Tor Inge Kristoffersen, a government security guard. This witness's job on the day of the attacks involved security monitoring, from the basement of government headquarters. The witness was asked to describe what he saw on the day; he had seen a car being parked, and then someone emerge wearing what "looked like a guard's uniform". Just as Krisoffersen was zooming in on that car's number plate, it exploded. About half of the screens used in the monitoring went blank. The security staff radio network also went down.[67]

Bomb scientist Svein Olav Christensen was then called to the stand. Christensen led the investigation into the technical aspects of the bomb. His testimony included photos of the reconstructed bomb exploding as well as surveillance photos of the actual blast.

Then, Oslo police sergeant Thor Langli took the stand. Langli testified about the Oslo Police's actions in the immediate aftermath of the bombing. Langli commented how at first there had been reports that there were two suspects behind the attacks.[68]

The next witnesses will be forensics specialist Ragde who will testify about the findings on the crime scene in Regjeringskvartalet, and coroners Stray-Pedersen and Størseth, who will present the autopsy reports.[69]

Day 8 (25 April)

Coroner's reports on the eight bombing victims were heard by the court, and described "immense violence" for all of them.

The first bomb survivor to give evidence was 26 year old Eivind Dahl Thoresen. Thoresen described how he had been talking on his mobile, when the bomb exploded. He had been standing only metres away, and was thrown backwards by the blast. Thoresen saw another survivor just down the road, and began to approach him to assist, because he noticed he had horrific injuries. Thoresen went to to say how he also was badly injured and heavily bleeding.

Vidar Vestli also survived the blast, and his consequent condition had not allowed him to give live evidence. His witness statement was read to the court, where it was told how he had lost a leg in the blast, had a chest "full of shrapnel", and poor mental health.

Another survivor, Tone Maria With, claimed she is now too afraid to venture into central Oslo. She recounted how amid the confusion of the bomb blast, she realized she had a hole in her chest and thought she was going to die. She also suffered hearing loss as a consequence.[70]

Second testimony for the defence

Breivik took the stand for the second time to give evidence for the defence. He conceded that it had been hard to hear live evidence from witnesses for the prosecution but he also said that the Labour government should apologize for their immigration policies.[71]

Breivik spoke about his views on the respective psychiatric reports, the earlier deeming him insane and the latter saying he was not insane. Breivik said that the report concluding his insanity was made of "evil fabrications" and insisted the ulterior motive behind such conclusions were "meant to portray him as irrational and unintelligent".[72]

Breivik contested the damning psychiatric report and alleged that 80% of it was false. Specifically his allegations were:

  • The purported quoting of himself ommitted pronouns e.g. "I" which according to the defendant was deliberately done to make him look "retarded";
  • It claimed he had a fear of radiation, which the defendant alleged is untrue as he has no such fear;
  • The report alleged that Breivik's mask which he wore during his attacks was intended as an attempted defence to bacteria, being an irrational fear of his, and Breivik claimed this was untrue as it was meant for a different purpose, namely filtering particulates;
  • Breivik cites that none of his interviews featuring in the substance of the report were tape-recorded;
  • He also alleged in general that the assessors started with a conclusion and worked back towards what they wanted to find.

In questioning, Breivik challenged the prosecution's view that he could not look after himself, and said he does cook and clean, and that he had been bearing up in prison well.[73]

Day 9 (26 April)

More survivors of the Oslo bombings testified in court. Harald Fosker was one of them. He needed surgery on his face as a consequence of being caught in the blasts. Fosker was employed at the Ministry of Justice at the time. He described how he was so badly injured that he did not feel the physical pain until the next day. His teeth were knocked out. He needed surgery to reconstruct his face, and also for his vision and hearing.

Another victim, female, testified that she could not remember the events of the day because she has suffered head trauma.[74]

At noon, 40 000 protesters met in Oslo and marched to the court house while they sang a children's song which Breivik had testified earlier was part of the brainwashing of Norwegian children. Similar protests were held in other cities.[75]

References

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  72. ^ Associated Press Anders Behring Breivik: psychiatric report was based on evil fabrications 25 April 2012 The Guardian Retrieved 25 April 2012
  73. ^ Ibevanger, TrygveSorvaag, Daniel Fisher et al Norway killer Anders Behring Breivik trial: day eight live 25 April 2012 The Daily Telegraph Retrieved 25 April 2012
  74. ^ Anders Behring Breivik: Oslo bomb survivors testify 26 April 2012 BBC News Retrieved 26 April 2012
  75. ^ http://www.tv2.no/nyheter/innenriks/22-juli-terror-oslo-og-utoya/-40000-har-moett-opp-paa-youngstorget-3766143.html
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