The trial of Anders Behring Breivik,
the perpetrator of the 2011 Norway attacks, took place between 16
April and 22 June 2012 in Oslo District Court. Breivik was sentenced
to 21 years of preventive detention on 24 August 2012. 170 media
organizations were accredited to cover the proceedings, involving
some 800 individual journalists.
The main question during the trial
became the extent of the defendant's criminal responsibility for
these attacks and thereby whether he would be sentenced to
imprisonment or committed to a psychiatric hospital. Two psychiatric
reports with conflicting conclusions were submitted prior to the
trial, leading to questions about the soundness and future role of
forensic psychiatry in Norway.
Background
On 25 July 2011, Breivik was charged
with violating paragraph 147a of the Norwegian criminal code,
"destabilizing or destroying basic functions of society"
and "creating serious fear in the population", 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
defense 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. On 10 April 2012, psychiatrists found that
Breivik was legally sane. If that conclusion is upheld, Breivik can
be sentenced to prison or containment.
Parties
Breivik was represented by his defense
counsel Geir Lippestad, Vibeke Hein Bæra, Tord Jordet and Odd Ivar
Grøn. Lippestad and Bæra are both in their late forties, 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. The prosecution is
represented by state prosecutors Svein Holden and Inga Bejer Engh.
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.
Witnesses
Breivik's list of witnesses includes
far right activist Tore Tvedt, Labour Party politician Raymond
Johansen, prominent Islamists Mullah Krekar and Arfan Qadeer Bhatti,
and anti-Islamist blogger Fjordman.
The purpose of calling Mullah Krekar is
to help establish for the Defense that political and ideological
extremism is not a psychiatric disorder and should not be treated
legally with insanity.
Start of trial
Day 1 (16 April)
On Monday 16 April 2012, when offered
the opportunity to speak, Breivik said 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 defense counsel Geir Lippestad,
after cursorily conferring with Breivik, replied that it was not.
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.
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). A court
translator incorrectly rendered this as "self-defense"
(Norwegian: nødverge), but court officials corrected the error on
the second day.
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.
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.
Defendant's testimony
Day 2 (17 April)
The second day was the opening day of
Breivik's testimony, which was expected to last for a week, including
cross-examination.
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, and proceedings were adjourned to consider
the implications of this, which consequently led to the dismissal of
that judge.
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".
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).
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.
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 some of the aggrieved through their
counsels voiced concerns that he may be going too far in using his
defense 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.
In his prepared speech Breivik gave a
major focus to a statement by Norwegian social anthropologist Thomas
Hylland Eriksen. The quote which originates in a January 2008
interview with Eriksen, and which was later in that year the focal
point of an article by Fjordman, is:
"Our most important task ahead
is to deconstruct the majority, and we must deconstruct them so
thoroughly that they will never be able to call themselves the
majority again."
Breivik explained how he interpreted
Eriksen's statement to mean that Eriksen, and the rest of the
multiculturalists, want to deconstruct the Norwegian ethnic group so
that they will never again constitute a majority. Eriksen has been
called as a witness for the defense and will appear before the court
later in the trial.
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.'" Breivik also claims he does acknowledge the
pain he has caused to people and families in Norway but did not
apologize at that time.
Day 3 (18 April)
The defendant greeted the court with
his same fist-salute as he did the first day. Breivik had been asked
to not greet the court in such a manner, at the request of lawyers
for the victims.
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 traveled 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. The Norwegian police had
suspected the Serb may be Milorad Ulemek which was denied both by the
defendant and by lawyers for Ulemek. 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. As of 27 April 2012,
follow-up investigations by the media had come up with conflicting
information on this possibility.
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 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. He reaffirmed a lack of desire to give any
information that could contribute to further arrests.
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".
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 alleged that
he was making it all up. By some accounts the defendant would get
vexed at the repeated suggestion that there is no such network, and
he insisted there are 15–20 members in the Knights Templar.
Breivik talked about martyrdom and his
actions making him a role model, and he emphasized that this could
not 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.
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".
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.
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 to 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". 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.
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.
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 targeting 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.
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.
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.
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. 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.
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.
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.
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.
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.
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".
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.
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.
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 Kristoffersen 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.
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.
The next witnesses was forensics
specialist Ragde who talked about the findings on the crime scene in
Regjeringskvartalet, and coroners Stray-Pedersen and Størseth, who
presented the autopsy reports.
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 meters 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 on 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.
Second testimony for the defense
Breivik took the stand for the second
time to give evidence for the defense. 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.
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".
Breivik contested the damning
psychiatric report and alleged that 80% of it was false. Specifically
his allegations were:
The purported quoting of himself
omitted 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 defense 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.
Day 9 (26 April)
More survivors of the Oslo bombings
testified in court. Harald Føsker was one of them. He needed surgery
on his face as a consequence of being caught in the blasts. Føsker
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.
At noon, 40,000 protesters met in Oslo
and marched to the courthouse singing a children's song which Breivik
had testified earlier was part of the brainwashing of Norwegian
children. Similar protests were held in other cities.
Day 10 (27 April)
Tore Raasok testified on the injuries
he sustained as a result of the bombings. Raasok worked for the
Ministry of Transport in Oslo, and on 22 July 2011 when he had been
leaving the office he was caught in a blast. Shards of glass had
flown into his eyes and his legs had been crushed. Since then he has
had a leg amputated, undergone 10 surgical operations, and has lost
use of one of his arms.
Another prosecution witness, Kristian
Rasmussen, described how he had been in his office sending an email
when "everything went black" and he went into a coma for 12
days. He sustained head injuries, bleeding on the brain, a broken
neck, and abdominal wounds.
Day 17 (11 May)
The presentation of autopsy reports was
concluded on this day.
An incident took place when a spectator
shouted "Go to hell, go to hell, you killed my brother",
then threw a shoe towards Breivik, but hit the defense attorney
Vibeke Hein Bæra. The incident initiated some spontaneous applause,
while the thrower was taken out of the courtroom and handed over to
medical personnel. The thrower was Hayder Mustafa Qasim, an Iraqi who
was the brother of Karar Mustafa Qasim, one of the victims who had
been killed at Utøya. Shoe throwing is a mark of extreme contempt in
Arab culture, signifying that the target is worth no more than the
dirt that one steps in. Footage of the incident was not permitted to
be released.
Day 23 (23 May)
Survivors of the attacks on the island
continued to give testimony, including a number of teenaged girls.
Fifteen-year-old Ylva Helene Schwenke was aged 14 when the attacks
occurred and took four bullets. She is physically scarred and showed
this to the courtroom at large. She commented on this saying her
scars were "the price for democracy" because she
feels democracy has prevailed. Apparently this commentary caused
Breivik to grin.
Breivik also smiled when he was
described by another prosecution witness, an 18-year-old girl who
remained anonymous, as being "an idiot".
17-year-old Andrine Johansen testified
as to how she believes one of her friends took a bullet that would
have killed her, and thus sacrificed his own life to save hers. She
had witnessed Breivik killing 14 people, several of whom were her
personal friends. Johansen described the defendant actually holding
his gun to a victim's head and pulling the trigger.
Johansen told how she had already been
shot in the chest, and had fallen into the lake. Once the others had
been killed, Breivik returned his attention to her, allegedly
smiling. A victim named Henrik Rasmussen is said to have jumped into
the line of fire, thus sacrificing his life for Johansen, whilst
"Breivik had laughed with joy as he continued with the
bloodbath...[during which narrative]...the accused shook his head at
the description".
Day 24 (24 May)
More prosecution witnesses testified.
Mathias Eckhoff aged 21 had been shot in the thighs and his scrotum.
Eckhoff and others had met at the café/pumphouse on the island to
discuss the bombings in Oslo, and that is when Breivik arrived. When
the group encountered Breivik outside, Eckhoff says he had demanded
to see Breivik's ID as he was dressed as a police officer and was
informing them the bomber had yet been apprehended.
Breivik is said to have opened fire,
and then Eckhoff was shot, and escaped by jumping into the water.
Eckhoff said he could not use his legs which had been shot, only his
arms.
Mohamad Hadi Hamed also aged 21 was the
second witness of the day. He had asked if Breivik could be removed
from the courtroom whilst he was testifying. He was wheelchair-bound.
He had been in the group that were opened fire upon by Breivik at the
pumphouse along with Eckhoff.
Hamed had been shot in the abdomen,
shoulder and thigh, and had an arm and a leg amputated as a result of
his injuries.
Day 25 (25 May)
When Adrian Pracon testified about his
meeting with Breivik at Utøya, he looked steadfastly at the
defendant, even when answering questions from the prosecutor. Breivik
was visibly uncomfortable and only looked back at the witness in
brief glimpses. "Breivik made an error when he decided to
spare me, seen from his perspective. Now I really understand how
fragile our society is," Pracon testified. "I see
how much it is worth and the importance of politics. I will continue
with politics, and the Labour Party remains closer to my heart."
Pracon is the only witness who has looked at the defendant in this
way. He was first shot in the shoulder, then the attacker decided not
to shoot him. Breivik has testified earlier about why he decided not
to kill Pracon.
Day 36 (5 June)
Defence lawyers for Breivik, trying to
portray him as not insane, invited right-wing extremists to testify
at the trial. Among the witnesses were Tore Tvedt, founder of the
group Vigrid, and Arne Tumyr of the organization Stop Islamization of
Norway (SIAN). They argued that there are people who share Breivik's
political views, yet are not insane. Many of the extremists called
echoed Breivik's political views; one said that "Islam is an
evil political ideology disguised as a religion." However,
they distanced themselves from Breivik's alleged violent actions.
Court-appointed psychiatrists
Day 37–38 (14–15 June)
Court-appointed psychiatrists Husby and
Sørheim acknowledge no competence on terrorism and explain that they
have evaluated Breivik without putting him into a political context.
Without this context, the language he uses becomes incomprehensible
(neologisms), his lack of remorse towards the victims becomes lack of
empathy, his long period of isolation and preparation becomes
inadequate functioning, and his explanations of why he carried out
the operation become delusions and fantasies about violence. In this
manner, his political ideology and the way he sees himself in the
context of this ideology becomes evidence of paranoid schizophrenia.
The defense says that they would
understand the psychotic evaluation if Breivik had been talking about
invaders from Mars, but find it difficult to understand how thoughts
about a possible future Muslim invasion of Europe should be seen as a
strong indication of schizophrenia. When asked what makes Breivik
different from a "normal" terrorist, Husby and
Sørheim say that they have no knowledge of how terrorists think, and
find such comparative analysis not relevant to the mandate for their
evaluation.
Day 39–40 (18–19 June)
Court-appointed psychiatrists Aspaas
and Tørrissen acknowledge the political context of Breivik's
thoughts and actions, and thus see no sign of psychosis. As they see
the defendant, he is not clinically insane but a political terrorist
with a psychological profile that makes it possible to understand how
he was capable of carrying out the terror operation.
Closing speeches
The central theme of the defense
closing speech was that Breivik, who never denied the facts of the
case, is sane and should therefore not be committed to psychiatric
care. The prosecutor, Svein Holden, had argued that since the first
psychiatric report was written in a non-falsifiable manner, it is
impossible to disprove that Breivik is insane, and it then follows
that he should be committed to psychiatric care because there would
be more harm in sentencing a psychotic person to ordinary prison than
a non-psychotic person to a psychiatric facility.
Day 43 (22 June)
On the last day of the trial Breivik
delivered a 45-minute defense speech summarizing the trial from his
perspective. The court had decided to refuse video or audio
transmission of this speech and rejected appeals from the Norwegian
media to reverse this.
Bootleg recording
On 26 July, it became known that a
bootleg recording of this speech had been posted on the video-sharing
site YouTube. According to Agence France-Presse, the video had been
posted by a German man who stated that he had received the video from
an elected member of the Norwegian Progress Party. According to
Norwegian news media, it was a Norwegian man who originally posted
the recording on YouTube on 27 June. The man, who told media he
didn't know he was breaking the law, subsequently removed the video
from his YouTube account. Coordinating counsel for the aggrieved
Mette Yvonne Larsen petitioned Oslo District Court to have the video
removed from YouTube, which according to them is not fit for
publication since it contains incitement to commit criminal acts.
Verdict and sentencing
On 24 August 2012, beginning
approximately 10 am CEST, the court formally began to read the
verdict against Breivik. Breivik was adjudged sane and sentenced to
containment—a special form of a prison sentence that can be
extended indefinitely—with a time frame of 21 years and a minimum
time of 10 years, the maximum penalty in Norway.
Explaining why the court found Breivik
to be sane, the court stated that "many people share
Breivik's conspiracy theory, including the Eurabia theory. The court
finds that very few people, however, share Breivik's idea that the
alleged "Islamization" should be fought with terror."
When asked by the judge whether he
accepted the verdict and sentence, Breivik announced that he did not
recognize the legitimacy of the court, and would therefore neither
accept nor appeal. His attempt at addressing other "militant
nationalists" in Norway and Europe was interrupted by the
judge. Lacking a formal acceptance of the sentence, the judge
formally interpreted this as taking a two-week contemplation period,
but Breivik's attorney said there would be no appeal from the
defense. At a press conference after the verdict, the prosecuting
attorneys announced that they would not appeal either.
Commentary on the proceedings
Some news outlets in the United States
have expressed wonder at apparent concessions being given to the
defendant. Both the fact that he is allowed five full days to give
his testimony, elaborating on his ideology, as well as court-room
interactions where both the prosecutors and counsel for the aggrieved
shook the defendant's hand at the beginning of the proceedings
baffled some commentators but to others showed that the Norwegian
court system is capable of respecting all people.
Research has shown that in Norway the
proceedings of the trial had a positive impact on the coping
mechanisms in society. Moreover, the trial proceedings were seen as a
positive counter-weight to Breivik's acts by most Norwegians.