The female inmate was regularly visited naked in Bergen prison. It often happened before and after she was visited by her minor children. In addition, she had to remove the tampon several times in front of the prison officer when she was seeing a doctor, or had visitors during her period. Among other things, the employees wanted to prevent her and other inmates from smuggling illegal items into the prison. Therefore, they carried out hundreds of strip searches against several inmates in the period 2016 to 2020. Three of the former inmates later sued the state for human rights violations. Marie Hessen Jacobsen believes that Bergen Prison has violated human rights by strip-searching inmates without apparent reason. Photo: Valentina Baisotti Their lawyer, Marie Hessen Jacobsen, believes the strip searches are a violation of human rights. Among other things, the former inmates have been strip-searched in situations Hessen calls illogical. – They have, for example, been searched in handcuffs when they have returned to the prison from a doctor’s visit. The implementation has been offensive in that they have had to squat naked. Jacobsen believes that the security focus at Bergen prison has been too high, and that security measures have been practiced much more strictly than in other prisons. Today the Supreme Court started processing the case. This could lead to a completely new interpretation of the Norwegian legislation. In this room, among other things, inmates were asked to dress naked and squat down so that officers could check body openings for drugs or weapons. Photo: Bergen prison Water, duck and water again The case with the strip searches started in the Oslo district court in November 2022. There, Jacobsen and the three former inmates won and the state was convicted of human rights violations. The Ministry of Justice and Emergency Preparedness had to cover the legal costs of around NOK 2.5 million in the case, but did not have to pay compensation to the former inmates. Jacobsen appealed to the Court of Appeal. She thought the clients should receive compensation. In the Court of Appeal, the state was again convicted of human rights violations. In addition, they had to pay NOK 100,000 in compensation to two of the former inmates, and NOK 75,000 to the third. Then it was the state that appealed the sentence. The state believes they have not violated human rights. – The body searches have taken place after inmates in the prison have had contact with the outside world. It has been necessary to take care of security and uncover the smuggling of, among other things, drugs into Norwegian prisons. This is important out of consideration for both inmates, employees and society, says the state’s lawyer Henriette Lund Busch. – We look forward to getting a clarification from the Supreme Court on this issue. 11 judges in grand chamber For three days, 11 judges in the Supreme Court will assess whether the state has violated human rights or not. Usually there are only five judges who consider appeals in the Supreme Court. – The fact that there are 11 judges in this case means that it has a greater degree of seriousness than many other cases, says Professor of Political Science Gunnar Grendstad at the University of Bergen. Grenstad is a professor of political science and does research at the Supreme Court, among other things. When cases are taken up in so-called grand chambers, it may indicate that the Supreme Court will take a different path in interpreting the law than in the past, he explains. The Supreme Court cannot change Norwegian law, but they can change how courts interpret the current law. – In addition, there are 11 judges who stand behind a possible verdict that could lead to a change, something that stands stronger than if there had only been 5, says Grendstad.
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Was asked to remove the tampon rather than add it – news Vestland
