Jack Erik Kjuus
Encyclopedia
Jack Erik Kjuus was a Norwegian
far-right politician of the former White Electoral Alliance
who was convicted of racism
in 1997. The party Kjuus led was an amalgation between two anti-immigrant parties, Stopp innvandringen ("Stop the immigration") and Hjelp de fremmede hjem ellers mister vi landet vårt ("Help the Aliens Back Home or We Will Lose Our Country").
Kjuus was born in Oslo
.
In February 1997, the city court in Oslo
convicted Kjuus of violating the criminal law §135a which outlaws hateful remarks due to things like skin color. Kjuus was given a 60-day suspended jail sentence and fined 20000 Norwegian krone
.
who heard the appeal in November 1997. The chief justice Carsten Smith
decided that the appeal would be heard with the entire Supreme Court since the case touched upon important questions of principle. Of the nineteen justices on the court, seventeen handled the case. Georg Fredrik Rieber-Mohn
was recused
from the case since he was formerly the prosecuting attorney who had charged Kjuus while Lars Oftedal Broch
was absent due to illness.
The argument from the defense was that the verdict violated Kjuus' right to free speech (constitutionally protected by §100 in the Norwegian Constitution). Kjuus's attorney John I. Henriksen also argued that the party program did not target any specific ethnic group, and that since Kjuus's party was without any political power, any threats arising from the party program were completely abstract.
The appeal was rejected after only five of the seventeen justices voted for acquittal
, while twelve voted to uphold the sentence. In fact, the Supreme Court went further, and convicted Kjuus based on all the points the prosecutor had argued were in violation of §135a. In the city court, Kjuus was only convicted for the part about adoptive children, in the Supreme Court he was also convicted due to the points on foreigners in general.
In the majority opinion authored by Karenanne Gussgard
, the court opined that the party program called for ethnic cleansing
, and that it involved "extreme infringements of integrity". The dissenting opinion for acquittal was authored by Ketil Lund
and supported by four other justices including chief justice Carsten Smith
. The dissent agreed that the program was reprehensible, but argued that the free speech protections afforded by the constitutions §100 should have been given greater weight.
Reactions to the verdict were mixed, the majority of the Norwegian press, opposed the conviction, and editorials in Aftenposten
, Dagbladet
and Verdens Gang
all argued that reprehensible opinions ought to be met with arguments in open fora instead of with the criminal justice system. Nils Øy of the Association of Norwegian Editors called the verdict a blow against free speech . Among the supporters of the verdict was Per Edgar Kokkvold of the Norwegian Press Association
who argued that the party program went beyond racist speech and was a plan for ethnic cleansing, and that a line had to be drawn between free speech on the one hand and threats and harassment of minorities on the other. The society for the adopted expressed relief that the basis for the verdict had been expanded.
Norway
Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...
far-right politician of the former White Electoral Alliance
White Electoral Alliance
White Electoral Alliance was a short-lived political party in Norway, founded by Jack Erik Kjuus in September 1995 after the merging of Stop Immigration and Help the foreigners home or else we will lose our country , both minor fringe parties...
who was convicted of racism
Racism
Racism is the belief that inherent different traits in human racial groups justify discrimination. In the modern English language, the term "racism" is used predominantly as a pejorative epithet. It is applied especially to the practice or advocacy of racial discrimination of a pernicious nature...
in 1997. The party Kjuus led was an amalgation between two anti-immigrant parties, Stopp innvandringen ("Stop the immigration") and Hjelp de fremmede hjem ellers mister vi landet vårt ("Help the Aliens Back Home or We Will Lose Our Country").
Kjuus was born in Oslo
Oslo
Oslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King...
.
Racism case
In 1995 the anti-immigrant White Electoral Alliance distributed fliers with a party program which among other things called for the forced sterilization of adoptive children from foreign cultures, and sterilization or deportation of the foreign element in a mixed relationship, as well as any children resulting from such relationships.In February 1997, the city court in Oslo
Oslo
Oslo is a municipality, as well as the capital and most populous city in Norway. As a municipality , it was established on 1 January 1838. Founded around 1048 by King Harald III of Norway, the city was largely destroyed by fire in 1624. The city was moved under the reign of Denmark–Norway's King...
convicted Kjuus of violating the criminal law §135a which outlaws hateful remarks due to things like skin color. Kjuus was given a 60-day suspended jail sentence and fined 20000 Norwegian krone
Norwegian krone
The krone is the currency of Norway and its dependent territories. The plural form is kroner . It is subdivided into 100 øre. The ISO 4217 code is NOK, although the common local abbreviation is kr. The name translates into English as "crown"...
.
Supreme Court
Kjuus appealed the case directly to the Supreme Court of NorwaySupreme Court of Norway
The Supreme Court of Norway was established in 1815 on the basis of the Constitution of Norway's §88, prescribing an independent judiciary. It is located in Oslo and is Norway's highest court...
who heard the appeal in November 1997. The chief justice Carsten Smith
Carsten Smith
Carsten Smith is a Norwegian judge and lawyer.He is a former Chief Justice of the Supreme Court of Norway and a professor of law at the University of Oslo....
decided that the appeal would be heard with the entire Supreme Court since the case touched upon important questions of principle. Of the nineteen justices on the court, seventeen handled the case. Georg Fredrik Rieber-Mohn
Georg Fredrik Rieber-Mohn
Georg Fredrik Rieber-Mohn is a Norwegian judge.He was born in Lillehammer, and graduated as cand.jur. from the University of Oslo in 1969....
was recused
Recusal
Judicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
from the case since he was formerly the prosecuting attorney who had charged Kjuus while Lars Oftedal Broch
Lars Oftedal Broch
Lars Oftedal Broch is a Norwegian judge.He graduated as cand.jur. from the University of Oslo in 1965, and worked as consultant in the Ministry of Justice and the Police from 1965, worked under the Norwegian Consumer Ombudsman from 1971, as deputy under-secretary of State in the Ministry of...
was absent due to illness.
The argument from the defense was that the verdict violated Kjuus' right to free speech (constitutionally protected by §100 in the Norwegian Constitution). Kjuus's attorney John I. Henriksen also argued that the party program did not target any specific ethnic group, and that since Kjuus's party was without any political power, any threats arising from the party program were completely abstract.
The appeal was rejected after only five of the seventeen justices voted for acquittal
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
, while twelve voted to uphold the sentence. In fact, the Supreme Court went further, and convicted Kjuus based on all the points the prosecutor had argued were in violation of §135a. In the city court, Kjuus was only convicted for the part about adoptive children, in the Supreme Court he was also convicted due to the points on foreigners in general.
In the majority opinion authored by Karenanne Gussgard
Karenanne Gussgard
Karenanne Gussgard is a retired Norwegian judge.She was born in Sandefjord in 1940. She studied law and earned her cand.jur. degree in 1964...
, the court opined that the party program called for ethnic cleansing
Ethnic cleansing
Ethnic cleansing is a purposeful policy designed by one ethnic or religious group to remove by violent and terror-inspiring means the civilian population of another ethnic orreligious group from certain geographic areas....
, and that it involved "extreme infringements of integrity". The dissenting opinion for acquittal was authored by Ketil Lund
Ketil Lund
Ketil Lund is a Norwegian judge.He was born in Oslo as a son of barrister and director Bernt Bjelke Lund and Irlin Sommerfelt . He is a paternal grandson of Jens Michael Lund. From 1963 to 1967 he was married to curator Inger Marie Grue; he then married artist Liv Bussoli...
and supported by four other justices including chief justice Carsten Smith
Carsten Smith
Carsten Smith is a Norwegian judge and lawyer.He is a former Chief Justice of the Supreme Court of Norway and a professor of law at the University of Oslo....
. The dissent agreed that the program was reprehensible, but argued that the free speech protections afforded by the constitutions §100 should have been given greater weight.
Reactions to the verdict were mixed, the majority of the Norwegian press, opposed the conviction, and editorials in Aftenposten
Aftenposten
Aftenposten is Norway's largest newspaper. It retook this position in 2010, taking it from the tabloid Verdens Gang which had been the largest newspaper for several decades. It is based in Oslo. The morning edition, which is distributed across all of Norway, had a circulation of 250,179 in 2007...
, Dagbladet
Dagbladet
Dagbladet is Norway's second largest tabloid newspaper, and the third largest newspaper overall with a circulation of 105,255 copies in 2009, 18,128 papers less than in 2008. The editor in chief is Lars Helle....
and Verdens Gang
Verdens Gang
Verdens Gang , generally known under the abbreviation VG, is a Norwegian tabloid newspaper...
all argued that reprehensible opinions ought to be met with arguments in open fora instead of with the criminal justice system. Nils Øy of the Association of Norwegian Editors called the verdict a blow against free speech . Among the supporters of the verdict was Per Edgar Kokkvold of the Norwegian Press Association
Norwegian Press Association
The Norwegian Press Association is Norwegian association established in 1910, for press people with journalism as their main profession. Among its members are the Norwegian Union of Journalists, the Association of Norwegian Editors, Norsk Lokalradioforbund and the Norwegian Media Businesses'...
who argued that the party program went beyond racist speech and was a plan for ethnic cleansing, and that a line had to be drawn between free speech on the one hand and threats and harassment of minorities on the other. The society for the adopted expressed relief that the basis for the verdict had been expanded.
External links
- Norway axt.org