Criminal Entitlement and Meek Justice

"The prohibition of inhuman and degrading treatment represents a fundamental value in a democratic society. This applies no matter what -- also in the treatment of terrorists and killers."
"It's a completely locked world with very little human contact even though Breivik has behaved in an exemplary manner during his time in prison". 
Justice Helen Andenaes Sekulic, Oslo District court

"I was surprised, and then angry and upset."
"To be honest, it was like being punched in the gut that the perpetrator won such a public victory." 
Eskil Pedersen, Utoya island attack survivor

"I don't think personally the prison conditions [are too strict] in relation to what he did. He killed 77 people,"
"But I am very happy that the state has won on Article 8 and that he cannot contact other far-right extremists and spread his message."
Lisbeth Kristine Roeyneland, head, victims support group 

"I think it is very probably [sic] that they [lawyers for the state] will appeal."
"I think it's unlikely that they will simply accept this."
Kjetil Larsen, professor of law, Oslo University

Norwegian mass killer Anders Behring Breivik gestures as he arrives for his terrorism and murder trial in a courtroom in Oslo, Norway, April 16, 2012.   Reuters/Fabrizio Bensch/File Photo

A mass murderer who doesn't mind stating that he would do it all over again, and second time around be determined to exact greater deaths, is still a human being deserving of all due consideration for his mental and physical health. At least in Norway. Where any measure of capital punishment that is deemed to be too exacting in consequence of a psychopath's humanity is forbidden under the law.

And so, a court has ruled that 23 hours a day of isolation represents cruel and unusual punishment for a glowering, unrepentant mass murderer.

Norwegians doubtless consider themselves morally superior to nations where less concern for the perceived 'rights' of a brutal, conscienceless mass murderer leads to less congenial surroundings in incarceration than that provided for this monster. But even they, or at least some among them, seem to be outraged at the conclusion of the court, upholding most of the man's contentions that his human rights have been violated.

That he chose to violate the lives of 77 people to the extent that he viciously deprived them entirely of their lives was simply an expression of his nationalistic pride as a fascist inclined to slaughter those whose politics he didn't agree with, mostly young people who will never have an opportunity to distinguish themselves as proud citizens of Norway. Norway instead has one single proud citizen who knows his rights and demands they be honoured.

As far as the Oslo district court finding was concerned the manner in which Breivik's punishment has been carried out is shameful, breaching the European Convention on Human Rights' specific prohibition on inhuman treatment. Norway has inhumanly built a special three-room complex for this distinguished man, with his own television and video games, exercise room and other fine conveniences.

His ability to reach out to other inmates and impress them with his brand of neo-Nazi fascism has been denied him, and this he claims to be outrageous, clamouring for his rights to be restored. Norwegian taxpayers must, according to the ruling, also see their government pay Breivik's legal costs of $50,000.

Apart from handsomely housing and entertaining the man who slaughtered young men and women at the Utoya island preserve where the Labour Party's youth wing was enjoying summer, and taking the lives through bombing others in Oslo, this monster is outraged that Norway has failed to respect his private life.

The judge's assertion that this monster has behaved in an exemplary manner while in enforced custody is a pitiful statement lacking any measure of comprehension of the magnitude of his crime.