The woman was arrested on May 6 and presented for detention the following day. The district court denied the police's request and ordered her release, but the prosecution appealed. The Hålogaland Court of Appeal reversed the decision and ordered her detention until a hearing on May 21.
The Supreme Court's Appeals Committee stated that detention justified by the risk of new criminal utterances must be considered prior censorship, which is generally prohibited under the Constitution. The court noted that such detention may be allowed in certain cases but requires a concrete assessment of necessity and proportionality, which the Court of Appeal failed to make. The case has been sent back to the Court of Appeal for a new hearing.
The Supreme Court says, like us, that this is a too thin decision from the Court of Appeal's side.
The woman's defense attorney, Magne Ørstavik, has requested her immediate release. According to NRK Nordland, Ørstavik described the Supreme Court's ruling as confirming that the Court of Appeal's decision was too thin. He added that the woman is pleased with the ruling but would have liked to be released immediately.
A new court hearing may be held on Monday if the police do not release her beforehand. Co-defense attorney Fredrik S. Lunde told NRK Nordland that the case is principled and concerns everyone.
She would have liked to be released immediately, but she is otherwise very pleased with the ruling.
The alternative is that the police release her of their own free will. They have that opportunity.
What is said in the ruling is that the Court of Appeal must address the relationship between Section 100(4) of the Constitution and Article 10 of the ECHR.
Here you get to see how freedom of expression stands in relation to the need for pre-trial detention.