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#1 Norway killer found insane, unfit for prison

Posted: Tue Nov 29, 2011 4:52 pm
by frigidmagi
Yahoo
Confessed mass killer Anders Behring Breivik belongs in psychiatric care instead of prison, Norwegian prosecutors said Tuesday after a mental evaluation declared him legally insane during a bomb-and-shooting rampage that killed 77 people.
The court-ordered assessment found that the self-styled anti-Muslim militant was psychotic during the July 22 attacks, which would make him mentally unfit to be convicted and imprisoned for the country's worst peacetime massacre.

The report, written by two psychiatrists who spent 36 hours talking to Breivik, will be reviewed by an expert panel before the Oslo district court rules on his mental state.

Their conclusions surprised many outside experts and contrasted with earlier comments by the head of the review panel, who told The Associated Press in July that it was unlikely that Breivik would be declared insane because the attacks were so carefully planned and executed.

But prosecutors insisted the psychiatric report describes a man living in a "delusional universe" — a paranoid schizophrenic who's lost touch with reality.

"After having read the documents of the case, the conclusion did not come as a surprise," Prosecutor Svein Holden told the AP.

Breivik, 32, has confessed to setting off a bomb that ripped through Oslo's government district, killing eight people, then opening fire at the summer camp of the governing Labor Party's youth wing. Sixty-nine people died in the mayhem at the Utoya island camp outside the Norwegian capital of Oslo before Breivik surrendered to a SWAT team.

He denies criminal guilt, saying he's a commander of a resistance movement aiming to overthrow European governments and replace them with "patriotic" regimes that will deport Muslim immigrants.

Investigators have found no sign of such a movement and say Breivik most likely plotted and carried out the attacks on his own.

Breivik was told about the psychiatric evaluation later Tuesday, police prosecutor Christian Hatlo said.
"He said he was insulted by the conclusion, and wanted to read the report," Hatlo told AP, adding that Breivik wasn't allowed to read the full report.

In a rambling online manifesto released just before the attacks, Breivik wrote that he expected authorities to label him an "insane, inbred, pedophile Nazi loser."

Holden said the report concluded that Breivik during an extended period had "developed the mental disorder of paranoid schizophrenia, which has changed him and made him into the person he is today."

The two psychiatrists — Torgeir Husby and Synne Soerheim — met Breivik 13 times. Husby told AP that their conclusions were "clear" and unanimous.

Breivik's lawyer Geir Lippestad told Norwegian broadcaster NRK that he wasn't surprised by the psychiatric assessment. "It is obvious that the matter has taken a completely new turn," Lippestad said.

In Norway, an insanity defense requires that a defendant be in a state of psychosis while committing the crime. That means the defendant has lost contact with reality to the point that he's no longer in control of his own actions.

The 243-page report will be reviewed by a panel from the Norwegian Board of Forensic Medicine, which could ask for additional information and add its own opinions. The head of the panel, Dr. Tarjei Rygnestad, called the conclusions "interesting."

Rygnestad had said earlier that a psychotic person typically struggles to perform even simple tasks like driving a car, and the advanced planning and skills required for Breivik's attacks spoke against psychosis.

On Tuesday, Rygnestad told AP that his earlier comments were based on "secondary information" and that a person's mental state can only be determined through in-depth analysis. He said he had not read the full report yet, but maintained that psychotic people typically aren't able to carry out complex tasks.

"Usually not. Then again, unusual things also happen," he said.

Frode Elgesem, a lawyer for the Labor Party's youth group, also called the evaluation result unexpected.
"What we have seen is dangerous and calculating man," Elgesem told AP. "That said, the experts have a much broader basis for their conclusion. It is difficult to overrule that."

Breivik's trial is set to begin in April. If declared mentally fit and convicted of terrorism, he would face up to 21 years in prison or an alternative custody arrangement that could keep him behind bars indefinitely.

Prosecutor Inga Bejer Engh said if the courts declare him insane, he would be given three-year terms of psychiatric care that can extended for as long as necessary.

"If he is sentenced to compulsory mental health care, we are confident that the regulatory framework that exists is sufficient and appropriate to ensure for the protection of society," she said.

That was a key issue for Stine Renate Haaheim, a 27-year-old Labor Party lawmaker who survived the Utoya shootings. She said she believes in Norway's legal tradition of not punishing criminals who are declared mentally ill.

"But at the same time society has to protect itself," she added.

In neighboring Sweden, the forensic psychiatrist who examined the man who killed Foreign Minister Anna Lindh in 2003 expressed doubts about Breivik's diagnosis, given his extensive planning and the gruesome efficiency with which he slaughtered youths at Utoya.

Disguised as a police officer, Breivik lured youths from their hiding places, then executed them. He also reportedly had calculated how many victims he would be able to kill before being arrested.

"It is difficult to see this as criminal insanity," Anders Forsman told AP. "He seems to have carried out the killings in a rational way. He is an efficient killing machine."

Holden said Breivik claims he committed the atrocities "out of love for his people" and describes himself as a crusader knight with special powers to decide "who is to live and who is to die." Breivik considers himself a future ruler of Norway and was planning to establish "breeding projects" for Norwegians, Holden said.
While the decision lies with Norway, I must disagree with the idea that Breivik was insane to the point of having no control. This man planned this horrible action with methodical precision and cunning. Futhermore, his actions during the rampage, showed a man in cool control of himself. He acted to ramp up the body count in a manner that suggested awareness of his actions and the situation. He clearly understood the consequences of his actions and chose to do them anyways.

That said, I do find him mad. He claims to be an anti-Muslim fighter, but has instead slaughtered native born Norwegian children who were most likely atheist if they had any strong religious opinion at all (I would assume that atheist as a group have at least as many objections as I do to the idea of being the subject of Sharia Law). Not that murdering Muslim children would make his crime any better! The murder of any human child, no matter their color, religion, or any other factor is a vile crime, perhaps one of the vilest a human can commit. By murdering children you strike at the very future of humanity. This is simply unacceptable.

It would be bad enough if he had killed some by accident or as part of damage in a general campaign of terror. But he purposefully and malignantly chose his targets, the children of his fellows who disagreed with him. He did so in a calculated move to spread hate and terror, to strike the opening blow in a campaign to overthrow his legitimately elected government making him additionally guilty of treason.

This is not the action of man who cannot control himself. This is the action of a man, who while certainly mad and possibly rabid is well aware of his actions and what they mean. As such he should bear the full weight of the reactions his actions have caused.

#2 Re: Norway killer found insane, unfit for prison

Posted: Tue Nov 29, 2011 5:02 pm
by rhoenix
Honestly, I think that very fact is what's influencing Norse opinion on this. "That can't happen in my backyard" is perhaps alive and well there, too. If Norse courts were to recognize that he was in full control of his faculties at the time of the attacks, then it's that much more difficult to forget.

I suspect the Norse are wishing for this to go away as fast as possible, and if some crazy person did something crazy and terrible, hey, it happens everywhere. But a sane man doing something terrible, where his motivations and connections have to be closely examined in court? I'm getting the feeling Norway does not want to put that in their history books.

#3 Re: Norway killer found insane, unfit for prison

Posted: Thu Dec 01, 2011 2:14 am
by Norseman
As I've said elsewhere I too suspect that there may be some pressure to have him declared insane for the reasons rhonix states. On SDN they think this is a rouse to keep him locked up forever, but I find that very unlikely. On the other hand there are precedents for declaring people insane if that would make everyone feel better, like what happened to Knut Hamsun.

Being Norwegian I do have access to Norwegian media, so let me translate a few relevant passages from Aftenposten (a very reputable Norwegian newspaper).
Aftenposten wrote:Behring Breivik to the appointed experts: I am the most perfect knight since the Second World War. The Knights Templar will take power in Europe. He also suggested that he would be the future regent of Norway.

Behring Breivik according to the experts: He has delusions of grandeur and totally lacks self-criticism.

...

In his own universe of delusion which is paranoid (he feels that he is noticed more often than normal), persecutory (he thinks he will soon be killed), grandiose (that he could be the new regent and decide who will live and die in Norway), governs the thoughts of Anders Behring Breivik according to the experts.

...

Behring Breivik to the appointed experts: Chosen to decide who should live and who should die. Chosen to be the saviour of his people.

Behring Breivik according to the experts: Life-long mental afflictions with a need for psychotropic drugs. The mental disorder is very hard to treat.

The experts feel that he has made long term murder plans and that there is a considerable risk for future violence and killings. There is a considerable risk that Behring Breivik can try to end his own life through an act aimed at himself or the ones he has threatened to kill. They feel that he is both suicidal and a danger to others.
There is also a questions and answers section which explains a bit more about how this fits into the Norwegian legal system:
1. What does the psychiatric verdict mean? Anders Behring Breivik is according to the experts not competent to stand trial because he is psychotic with the diagnosis paranoid schizophrenia.

2. How long has he been psychotic? The psychiatrists don't answer this question, except to say that "It has been the case for a long time."

3. Why do the experts think he is psychotic? Among other things he suffers from several delusions and a total lack of empathy. He feels he is chosen to decide who should live and die, that he should be the new leader of Norway, and that he can be killed at any moment.

4. What happens next? The expert verdict will be examined by the judicial medical commission. Normally this takes about a month, but in this case it is likely to take longer.

5. What sort of decision can the judicial medical commission make? They can make comments, ask for certain points to be elaborated upon, or overrule the report. Of 500 psychiatric cases last year the commission has only overruled one report.

6. Can the court overrule the psychiatrists? The court is entirely free to consider the evidence, or to ask for a new expert panel. In practise this almost never happens.

7. What does compulsory psychiatric care mean? Pasients with a "serious mental illness", normally psychotics, can be kept in a psychiatric institution for treatment. This can last their entire lives if the pasient does not recover or is considered a danger for his surroundings.

8. When will he be transferred to a psychiatric institution? That will be decided once the commission has reviewed the psychiatric report.

9. What institution will he be sent to? Compulsory psychiatric care can only be offered by an institution that has received a special permit from the Health Directorate. In the case of Anders Behring Breivik this will probably be the closed ward at Dikemark.

10. Will there be a trial? Yes. If he is sentenced to compulsory psychiatric care he will be transferred to the secure ward of a hospital.

11. Is there any difference between such a trial and a regular trial? Not in principle.

12. Will Behring Breivik have a chance to explain himself to the court? Yes. He will have an opportunity to make statements about his actions.

13. How often will his case be reviewed? Such a verdict must be reviewed by the courts every third year. During such reviews the original verdict will be held as the cause for his compulsory treatment. There is therefore no new trial.

14. What does the court do when the case is reviewed? At this time the court will only judge whether or not the conditions for compulsory psychiatric treatment are still there. The most important point is whether or not he is still a threat to society.

15. Who will decide what his condition is? The primary doctor will decide Behring Breivik's treatment within the boundaries of a given level of secure confinement. The psychiatrist cannot move the patient without the permission of the prosecution.

16. What happens if the doctor and the prosecutors disagree? Then the hospital control commission under the guidance of a judge will decide whether or not there are sufficient security measures.

17. What happens if the doctors decide he is cured? He can still be confined if the courts decide he is a threat to his surroundings.

18. Will there be a new trial if he is declared to be cured and no longer a threat to his surroundings? No.
So I hope this clears things up.

#4 Re: Norway killer found insane, unfit for prison

Posted: Thu Dec 01, 2011 2:16 am
by rhoenix
It did, and made for very interesting reading. Thank you, Norseman.