There are six ex-guards who are behind the lawsuit against the Ministry of Defence. A total of 30 were dismissed from Garden in August last year for using illegal drugs. The six guards who are now suing the state believe they are exposed to human rights violations. They believe the decisions to dismiss them were invalid because the Armed Forces broke both their own rules and Norwegian law in the process of throwing them out of the Armed Forces. They want a court to assess this. In addition, they want compensation “for the financial loss incurred as a result of the invalid graduation decision”. Partner and lawyer Inger Zadig at Elden Advokatfirma represents the six guards. Photo: Nadir Alam / news – We have tried to resolve this case amicably without success, and then we have no other option than to take the case to the court to get help from the court to establish the human rights violations that has happened in this case, says the guards’ lawyer, Inger Zadig, to news. The ex-guards told news in the autumn 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. broke both Norwegian law and the European Convention on Human Rights. – The armed forces have used coercive interventions for which there was no authority, they were led astray and incorrectly informed about their rights and duties, and were in a deeply demanding and stressful situation, she says. The defense tells news that they have not yet received the lawsuit. – The Ministry of Defense is not aware that legal action has been taken in this case and therefore cannot comment further on the case. We will take a decision on the lawsuit in the usual way when it is served on the ministry, writes press officer Lars Gjemble in an e-mail. – Has made a strong impression on them The process was criticized by both the guards and experts. Several of the guards asked in the autumn to get their place in the Garden back, but this did not lead to success. In December last year, they were told that the complaints would not be accepted. In January, they should have finished their initial service. – The Guardsmen’s period in the Armed Forces is now over anyway – what do they want to achieve with this? – It is complex. Among other things, they have lost study credits, and do not get that year in the Armed Forces on their CV, says Zadig. – How has the case affected them? – The way in which they have been treated and were hung out in the media as almost drug addicts has had a strong impact on them. They feel a deep injustice that their rights were violated to such an extent without anyone looking after them and making sure things went right. 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 says. These are approximate numbers. In total, approximately 48,000 conscripts served in the army, navy, air force and home guard during the period. Source: Defense Forces Ombudsman: Unclear justification for resignation Defense Ombudsman Roald Linaker says that he thinks the justification used by the defense to dismiss 30 guardsmen appears to be unclear. Defense Commissioner Roald Linaker Photo: Vilma Taubo / news – On a general basis, we have a view that a closer look should be given to the leeway a head of department has in order to graduate in such cases in the future, he tells news. He says department heads have the opportunity to give so-called disciplinary punishment to people who have behaved in a way that is not necessarily punishable in civil law. At the same time, he points out that there must be good reasons before someone loses their job in the military: – The ombudsman’s committee is uncertain about the legal situation that is triggered to dismiss personnel in the first service, for example on the basis of drugs. – What do you think about the case being heard in court? – I think that could be interesting, and hopefully also clarifying. Then we get to try this case in relation to which legal opinion should apply.
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Narcotics-dismissed guards sue the Ministry of Defense – news Norway – Overview of news from various parts of the country
