The case in summary • Lawyer Thea Totland has reported the Oslo police for what she believes to be excessive use of force when a child was forcibly moved from the mother to the father.• The background for the forced relocation is a conflict between the parents about where the child should live, and a judgment from Borgarting Court of Appeal has decided that the child will live with the father.• Totland reacts to the way the forced relocation was carried out, where the child was carried out of the apartment by uniformed police while crying.• Police inspector Martin Strand says that such assignments are demanding for the police, but that the it is their task to carry them out when there is a legal decision.• The forced collection was filmed by the mother, and the video shows the child crying and clinging to a railing, while the police and the bailiff use force to take the child away.• Totland has reported both the police, the bailiff and two representatives from child protection for violations of several sections of the Criminal Code, including misconduct, abuse of public authority and torture committed by a public official. The summary is made by an AI service from OpenAi. The content is quality assured by news’s journalists before publication. – The police use brute force. It almost looks like an arrest, says lawyer Thea Totland. She represents the mother who experienced that her child was forcibly moved to her father a short time ago. The background for the forced move is a very heated conflict between mother and father about where the child will live. The child has lived with the mother for a longer period, but a judgment from the Borgarting Court of Appeal has established that the child must have permanent residence with the father, and that the mother must gradually have more contact with the child. Lawyer Thea Totland at Barneadvokatene complains to the Oslo police about the handling when the girl was picked up from her mother. Photo: Stig Jaarvik / news There is also a ruling from the District Court on so-called “enforcement” of the judgment from the Court of Appeal. This means that the bailiff can pick up and hand over the child to the father. The district court also believes that the mother has not contributed sufficiently to fulfill the sentence. At the same time, the district court writes in the ruling that “the court assumes that the bailiff carries out enforcement in as considerate a manner as possible for the child and the parties involved”. – What I react to is the way the forced relocation is carried out. The girl refuses to join, and uniformed police forcibly carry her out of the apartment while she cries. It does not matter which of the parents is right in this case, you cannot pick up the child as if it were a package, says Totland. The police’s task Police inspector Martin Strand says that such tasks are demanding for the police. Photo: Trond Stenersen / news Police inspector Martin Strand, who heads the joint unit for operational services in the Oslo police district, admits that such assignments are demanding for the police to handle. – But when there is a legal decision that someone is to be picked up by force, it is the police’s task to carry out such tasks, he says. – How do you think this situation was handled by the police and the bailiff? – This was handled as we have to do it in this type of case. When the parents cannot agree on how to do it, we unfortunately have to take the child out. Strand emphasizes that child protection was present before the police intervened, and that they first tried to get the child to come along voluntarily. He says that the whole session in the apartment took about two hours. – The premises in the case are such that the child must be transferred to the father. Every possible way had been tried, and in the end it is the police’s task to get it done, says Strand. Filmed the pick-up The forced pick-up was filmed by the mother, and news has seen an approximately five-minute long video of the incident. The video shows that the child does not want to follow the police and bailiff’s call to leave the mother and get into the car where the father is waiting. You can also see that the child is crying and clinging to a railing, while two uniformed police officers and a plainclothes person from the bailiff use force and loosen the grip. – They bend her fingers at the same time as she screams and says that it hurts. This is a superior force that is completely beyond, says Totland, who believes that the handling is against the law. Two uniformed police officers and a plainclothes person from the bailiff had to use force to get the girl. Photo: Privat / news Complains to the police Therefore, she has reported both the Oslo police, the bailiff and two representatives from child protection to the Bureau for Police Affairs. – It is not against the law to try to persuade the child, and I understand that they come. But when they lay their hand on the child, it goes from being a legitimate mission to being illegal. Children should not be exposed to physical force in that way, she says. In the report, the lawyer emphasizes that the child’s best interests have not been taken care of. She has reported the police and the public actors for violations of the following sections of the Criminal Code: section 171–172 (misconduct and gross negligence) section 173 (abuse of public authority) section 174 (torture committed by a public official) The Bureau of Police Affairs confirms that it has received the notification. They write in an e-mail to news that they will review the information, before assessing whether there is a reasonable reason to initiate an investigation. – Solved the assignment in a reasonable way Police Inspector Martin Strand thinks it is perfectly fine that the case has been reported to the special unit. – For us, it is good to have cases as demanding as this reviewed. But from our point of view, those who have been there have done what they have a duty to do, says Strand. – Is the use of force too great in this case? – We will see what the special unit says, but immediately I think that they have solved the mission in a decent way, says Strand. The child protection service news has asked the relevant child protection service a number of questions about the handling of the case. They generally reply that the child welfare service’s role in such cases is limited to assisting with attempts at voluntary implementation. If this does not work, it is the courts of the bailiff who consider further execution of the assignment. According to lawyer Totland, the employees of the child welfare service only spoke to the child for 25 minutes at the scene. Out of consideration for those involved in this case, news has chosen not to say which child welfare service is involved. – Can affect a child Psychological specialist Mari Kjølseth Bræin says the child is put in a desperate situation. Photo: Stig Jaarvik / news news has shown the five-minute long video of psychologist specialist Mari Kjølseth Bræin. She reacts strongly to the content. – This child is put in a desperate situation, so it is terribly painful to watch. She opposes everything she can, yet no one looks after her, says Bræin. The psychologist specialist works on a daily basis with the investigation and treatment of trauma, crises and stress-related disorders in children at the Center for Stress and Trauma Psychology. She emphasizes that she knows nothing about the context or the family conflict in the case, and says that she is only speaking based on the images that news shows her. – It can almost seem as if it is the girl who has done something wrong, because she is being dragged away by the police who are there to ensure our safety. This is something that can of course affect a child, because it is a very strong and potentially traumatizing event, says Bræin. – Need security On a general basis, Bræin says that it is important to make arrangements for the child to experience the greatest degree of security in the situation. – You should try to avoid dramatic situations where the child experiences sudden changes and loss of control, she says. – How should one proceed in similar situations with a small child? – The most important thing in such a situation is that the child gets an understanding of what will happen, and that the child experiences support in the situation, she says. Often this will mean that the child must be given more time to be able to prepare for changes in the care situation, says Bræin. Police Act toughened Director of the Norwegian Institution for Human Rights, Adele Matheson Mestad, says the case illustrates a need to review the enforcement regulations. Photo: Stig Jaarvik / news Police and authorities’ use of coercion towards children has been the subject of debate several times in the past. This has led to the setting up of a committee which, among other things, investigated the right of the police to use force against children. Earlier this year, the Police Act was amended to strengthen children’s rights. In the amendment, emphasis is placed on the fact that the police must at all times consider what is in the child’s best interests to ensure that the child’s rights are safeguarded in every situation. – It was an important change, but good rules do not help if they are not followed in practice. Because it requires knowledge and, not least, awareness that if you exceed what is legal, you must stop, says director at the Norwegian Institute for Human Rights, Adele Matheson Mestad. The police: It was in the best interest of the child Martin Strand emphasizes that the police and the bailiff have dealt with the underlying judgment, and that the best interests of the child have thus been taken into account. – When uniformed police drag a young person out who screams and resists, have the child’s best interests been taken into account in a good enough way? – It looks like that. In relation to the entirety of this case, it appears that this is in the child’s best interests. – Were the guidelines followed? – Yes. – Could the police on the spot have called the duty officer and consulted on how to act in this case? – Yes, there have been several phone calls, especially with those in charge, up to the bailiff and child protection. And it has been quite clear that the child is going to the father, says Strand. – The regulations should be reviewed Mestad believes this case illustrates a need to review the enforcement regulations. – We need to see whether the regulations sufficiently reflect the strict human rights restrictions on when you can use force against children, and whether it takes care of the duty to ensure the child’s best interests. – This can not only be decided in advance, but must also be assessed on the spot. We believe there is a need to take a closer look at whether the police and enforcement authorities carry out adequate child-sensitive assessments and processes in this type of case, she says. Published 29/08/2024, at 18.32
ttn-69
– Looks almost like an arrest – news Norway – Overview of news from different parts of the country
