Last week, news was able to tell that 30 guardsmen had been dismissed after admitting drug use. In retrospect, the ex-guards have said that they felt manipulated and pressured to confess. Several of them have contacted lawyers. The ex-guards news has spoken to claim, among other things, that: They were given the impression that they would receive a lighter sentence if they confessed to illegal drug use. It appeared that the hair tests were taken in the wrong way by commanders, not by the military police. The hair samples were later never analysed. It was given the impression that drug use would be reported to the police if the hair samples, which were never analysed, showed results for narcotic substances and they did not confess. Both the head of the guard and spokesperson Brage Steinsom Wiik-Hansen have confirmed that the hair samples were not analyzed on due to a “technical failure”, and that it was not the military police who took them. One of the ex-guards news has spoken to believes he was manipulated into confessing to the use of illegal drugs. Photo: Cicilie S. Andersen / news – Little reassuring approach The defense’s approach causes law professor Hans Petter Graver to react. He points out that the Armed Forces initially have a broad framework for deciding who is fit for military service. And that conscripts must be examined to check whether they are fit for military service, according to the Defense Act. – Depending on the circumstances, this may also include taking hair samples. The prerequisite is that this is done in a responsible manner by competent personnel, not least to ensure that the samples are processed properly. It doesn’t seem like this was done here, says Graver to news. The ex-guards have also said that they experienced pressure to admit drug use. They claim that they were threatened that the case would end up on their civil records if they did not confess. Graver also believes this pressure “to state oneself” is problematic. – The protection against self-incrimination also applies in the defence. General requirements to report whether you have done something illegal, coupled with random samples, is an unsatisfying procedure, seen from a legal certainty perspective, he says. Believes the Armed Forces cannot attach importance to confessions Lawyer and partner Inger Zadig at Elden Advokatfirma represents several of the ex-guards. Contrary to Graver, she believes that the Armed Forces were not allowed to take hair tests of the guardsmen. – I can’t see that there is any legal basis for obtaining hair samples, says Zadig to news. – These hair samples are to be considered coercive measures, and the use of coercive measures requires authorization by law. Zadig refers to the Defense Act, which again refers to the Road Traffic Act. This describes the framework for various types of tests that conscripts can be ordered to take, such as blood and urine samples. But it says nothing about hair tests, says Zadig. Inger Zadig is a partner and lawyer at Advokatfirmaet Elden. Photo: Nadir Alam / news She believes that using the confessions of the guards is contrary to the protection against what is called self-incrimination: contributing to one’s own conviction by giving a statement or giving access to other evidence. – These hair samples have been used as a means of pressure to force confessions that have been elicited under extreme pressure. It would be contrary to the protection against self-incrimination to emphasize these confessions, they must be disregarded, says Zadig. Defense ombud: Open for review In an e-mail sent from the head of the Defense’s drug group, which news has seen, it is written that the legal basis the defense had for rust testing was discussed with an unnamed military lawyer, and the head of the Defense’s Joint Legal Services. – The conclusion was that there is a legal basis for carrying out drug control of personnel, but it cannot be targeted at the suspects. This as there will be a targeted investigation, and thus follow the criminal case track, writes the head of the drug group. Furthermore, it says that they believe the Armed Forces have the authority to take both urine and hair samples to check the fitness of the guards. Garden by spokesperson Brage Steinson Wiik-Hansen points out that those who have been dismissed can appeal the decision to dismiss them. – If the law firm Elden believes that the process has been unlawful, we will address this in writing. As of now, it has not been received, writes Steinson Wiik-Hansen to news. – It appears most orderly for those involved to take this through these channels at the present time, he adds. Addiction and graduation in the Armed Forces Conscripts are informed about the defence’s view on the use of illegal drugs, and that there is zero tolerance for this. This information is given, among other things, during the session, which is the conscripts’ first meeting with the Armed Forces. An entry check is carried out when the conscripts arrive at the camp for the first time with the use of sniffer dogs. Furthermore, random checks may be made through the service. The Norwegian Armed Forces’ narcotics group regularly travels to departments across the branches to carry out preventive work and provide information to conscripts and employees. Around 550 conscripts have been discharged for drug addiction in the last five years, the Norwegian Armed Forces informs. These are approximate figures. In total, approximately 48,000 conscripts served in the army, navy, air force and home guard during the period. Source: Defense Last weekend, Chief of Defense Eirik Kristoffersen said that he would ask for insight into the process of graduating the 30 guardsmen. Now his communications people confirm that he has received an explanation, and is satisfied with it. They do not want to elaborate on what the defense chief is happy with, or what he puts in satisfied. Defense representative Roald Linaker does not want to comment on how he thinks the process of graduating the conscript guards appears. – We would probably be interested in being informed and seeing the results of the processes taking place. It is not unlikely that we will carry out a systematic review of the case after the process between the parties is finished, says Linaker to news.
ttn-69
Concerned about the rule of law – news Norway – Overview of news from various parts of the country
