The cousin of Birgitte Tengs was convicted in 1997 for the murder of his cousin. The following year he was acquitted in the Gulating Court of Appeal, but still sentenced to pay NOK 100,000 in compensation to Birgitte Teng’s parents. Now another man is charged with the same murder. – Such a contradiction cannot be lived with, says law professor Magne Strandberg at the University of Bergen. Civil judgments, such as the cousin’s compensation judgment, can only be reopened after ten years. This means that the deadline expired 14 years ago. Strandberg nevertheless outlines three possible ways to get the sentence overturned. To amend the Disputes Act and give it retroactive effect. Interpreting an exception in the Disputes Act, that is, finding an argument that the case is not time-barred. Using the Constitution or international human rights as justification. Not reopening will be contrary to both. Strandberg believes the last point is the simplest and the most relevant. Magne Strandberg is a professor at the University of Bergen. Photo: Privat He believes that the Agder Court of Appeal should look to the Constitution or the European Convention on Human Rights when it has to deal with a reopening of the out-of-date compensation judgment. – The central points are that one is innocent until the contrary is proven, and the demand for a fair trial, says Strandberg. The murder of Birgitte Tengs Birgitte Tengs (17) was found murdered near her home in Karmøy on 6 May 1995. Two years later, Tengs’ then 19-year-old cousin was convicted of the murder of his cousin. The cousin appealed and was acquitted the following year in the Court of Appeal, but he was also sentenced to pay compensation to Tengs’ parents in a civil case, where other evidentiary requirements apply. The claim for compensation was later waived, but the judgment stands. The murder is still unsolved. In 2003, the European Court of Human Rights in Strasbourg sentenced the Norwegian state to pay compensation to the cousin because the compensation judgment went too far in assuming that the cousin was guilty. In 2015, new interest was created in the case both through a book publication and through VG’s podcast “Unsolved”. In January 2016, the Birgitte Tengs case became the first case taken up by the new cold case unit in Kripos. On Wednesday 1 September 2021, the police arrested a man in his 50s from Karmøy who was charged with the murder. The cousin’s case was heard by the European Court of Human Rights in Strasbourg in 2003. Norway was then convicted of having violated the cousin’s human rights, and he was awarded compensation of NOK 200,000. Must write legal history There are no similar cases in Norway. The Agder Court of Appeal must therefore build up a solid argument and at the same time write legal history. As another man has been prosecuted for the murder of Birgitte Tengs, Strandberg believes that the demand for a fair trial is a kind of safety valve that can override the Disputes Act. – When it is obvious that the sentence against the cousin and the indictment against the other man are contradictory, we get an untenable situation. The Disputes Act has had an unfortunate design, and can be overruled by the Constitution, says Strandberg. Strandberg emphasizes that Judge Dag Bugge Nordèn in the Agder Court of Appeal has a difficult task ahead of him. – This is not easy. The court judge, for example, has to use the Constitution in a way that it has not been used before, and that is professionally demanding, says Strandberg. Constructive meeting The Agder Court of Appeal held a meeting with the parties yesterday. It then became clear that the court will continue its work of either reopening or annulling the verdict. Lawyer Arvid Sjødin is the one who, on behalf of the cousin, has requested the case be reopened. For over 20 years and through 13 trials in the Court of Appeal and the Supreme Court, he has used the human rights convention as an argument that the compensation judgment against his cousin must be annulled. Lawyer Arvid Sjødin has worked for more than 20 years for the cousin of Birgitte Tengs to have the compensation judgment annulled. Photo: Beate Oma Dahle / NTB – In the event of a conflict, Norwegian law has an obligation to let the convention prevail, says Sjødin. Now the experienced lawyer finally senses a light at the end of the tunnel. – We had a constructive meeting with the Agder Court of Appeal yesterday, says Sjødin.
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Can use the Constitution to change the compensation judgment against the cousin – news Rogaland – Local news, TV and radio
