A Norwegian court has delivered a significant verdict by acquitting Indigenous activists who refused to pay fines imposed for blocking entrances to government buildings during protests. The court ruled that the police’s actions in issuing fines to the protestors were unreasonable.
In its decision, the court upheld the defendants’ right to peaceful assembly and demonstration. It found that the police response, which included taking the protestors into custody and imposing fines, violated their constitutional rights under Section 101 and their rights under Article 11 of the European Convention on Human Rights. The court specifically criticized the fines as unnecessary and disproportionate measures against the protestors.
The case involved eighteen Indigenous Sami activists who participated in protests in February and March 2023 against the operation of wind turbines in the Fosen region. These activists had blocked entrances to government buildings, leading to their arrest and subsequent refusal to pay fines.
Lawyers representing the activists, Olaf Halvorsen Rønning and Anne Marie Gulichsen of Elden Advokatfirma, praised the court’s decision. They emphasized the importance of the right to peaceful demonstration in a democratic society like Norway.
The protests against the turbine operation began in 2018 due to concerns about its impact on traditional reindeer herding grounds. A 2021 ruling by the Norwegian Supreme Court ordered the removal of the turbines, which occupy the same land as the herding grounds. However, compliance with this ruling has been lacking, prompting ongoing Indigenous protests in recent years.
The court’s acquittal of the activists and its criticism of the police response highlight the significance of protecting fundamental rights, including the right to peaceful protest, in democratic societies. This verdict serves as a reminder of the importance of upholding civil liberties and respecting Indigenous rights in environmental and land-use disputes.
Key Points:
This verdict underscores the need for authorities to respect Indigenous rights and address environmental concerns in a manner consistent with democratic principles and human rights standards.
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