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.Dette er rettssalen Aftenposten (in Norwegian)Slik blir Breivik-retssaken NRK (in Norwegian)Breivik-trial-explainer CNN Breivik was sentenced to 21 years of preventive detention on 24 August 2012. 170 media organisations were accredited to cover the proceedings, involving some 800 individual journalists.The Associated Press Crush of media at mass killer's trial in Norway 16 April 2012, CBS News. Retrieved 19 April 2012
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, "destabilising 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 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.Breivik sier ja til ny psykiater-vurdering 15 February 2012, Dagbladet] Retrieved 16 April 2012 On 10 April 2012, psychiatrists found that Breivik was legally sane. If that conclusion were upheld, Breivik could have been sentenced to prison or containment.Norway's mass killer Breivik declared sane . BBC News, 10 April 2012 Retrieved 16 April 2012
Parties
Breivik was represented by his defence counsel Geir Lippestad, Vibeke Hein Bæra, Tord Jordet and Odd Ivar Grøn. Bæra, who had 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 was represented by state prosecutors Svein Holden and Inga Bejer Engh.
The presiding judge was Wenche Elizabeth Arntzen. She was 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.Lekdommerne som skal dømme Breivik er klare 12 March 2012 Dagbladet Retrieved 17 April 2012 Defendant Anders Behring Breivik Judges District court judges Wenche Elizabeth Arntzen (court administrator) Arne Lyng 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, teacherDefence Main defence counsel Geir Lippestad, lawyer Vibeke Hein Bæra, lawyer Assisting counsels (employed by Lippestad Law Firm) Tord Eskild Jordet, associate lawyer Odd Ivar Grøn, associate lawyer Prosecution Inga Bejer Engh, prosecutor Svein Holden, prosecutorCourt-appointed psychiatrists Torgeir Husby, psychiatrist Synne Sørheim, psychiatrist Agnar Aspaas, psychiatrist Terje Tørrissen, psychiatrist 166 counsel for the aggrieved have been appointed Three coordinating counsel for the aggrieved representing the 166 in court Siv Hallgren (for aggrieved from the Government quarter) Frode Elgesem (for AUF, and aggrieved from Utøya) Mette Yvonne Larsen (assisting the appointed, spokesperson)
Witnesses Breivik's list of witnesses includeded far right activist Tore Tvedt, Labour Party politician Raymond Johansen, prominent Islamists Mullah Krekar and Arfan Qadeer Bhatti, and anti-Islamist blogger Fjordman.Her er Breiviks vitneliste 5 April 2012 VG Nett Retrieved 16 April 2012
The purpose of calling Mullah Krekar was to help establish for the defence that political and ideological extremism is not a psychiatric disorder and should not be treated legally with insanity.Nina Berglund Krekar, ‘Fjordman’ called to testify 3 April 2012 Views and News from Norway Retrieved 18 April 2012
Start of trial
Day 1 (16 April)
On Monday 16 April 2012, when offered the opportunity to speak, Breivik said that he did not recognise 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.
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.Anders Behring Breivik denies guilt in Norway massacre trial. 16 April 2012, The Scotsman. Retrieved 16 April 2012
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" ().Hannah Furness Norway killer Anders Behring Breivik trial: latest 16 April 2012, The Daily Telegraph. Retrieved 16 April 2012 A court translator incorrectly rendered this as "self-defence" (), but court officials corrected the error on the second day.Diana Magnay Admitted Norway killer claims 'spectacular political attack' 17 April 2012, CNN. Retrieved 17 April 2012
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.Richard Orange Norway killer Anders Behring Breivik moved to tears 16 April 2012, The Daily Telegraph. Retrieved 16 April 2012
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.Nina Berglund ‘Classic rhetoric’ as Breivik testifies 17 April 2012 Views and News from Norway Retrieved 17 April 2012
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,Norway Massacre Trial Day 2: Live Updates 17 April 2012 Sky News Retrieved 17 April 2012 which consequently led to the dismissal of that judge.Nina Larson Norwegian killer says he would do it all again 17 April 2012 Agence France-Presse Retrieved 17 April 2012
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 organisation called "Knights Templar" (KT).Breivik boasts he'd do it all again 17 April 2012 Press Association, UK. Retrieved 17 April 2012
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 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.Karl Ritter Anders Behring Breivik trial: ‘I acted out of goodness’ 17 April 2012 The Scotsman. Retrieved 17 April 2012
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, 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 had been disclosed as a witness for the defence, but did not ultimately appear during 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 apologise at that time.Anders Behring Breivik: my tears were for Norway 17 April 2012, The Daily Telegraph. Retrieved 17 April 2012
Day 3 (18 April) The defendant greeted the court with his same fist-salute as he did the first day.Trygve Sorvaag Norway Massacre Trial Day 3: Live Updates 18 April 2012 Sky News#Sky News HD Retrieved 18 April 2012 Breivik had been asked to not greet the court in such a manner, at the request of lawyers for the victims.Diana Magnay, Per Nyberg and Marilia Brocchetto Admitted Norway killer asked to stop fist salutes 18 April 2012, CNN. Retrieved 18 April 2012