The Norwegian Helsinki Committee has released its annual report on the Norwegian human rights situation. -The worst violations in 2005 happened in relation to the handling of refugee cases. Once again, Norway does not act in accordance with the UNHCR’s recommendations. -We are particularly concerned about the consequences for the Chechen refugees that are being returned to the Russian Federation, says deputy Secretary General Gunnar M. Karlsen, right. (17-MAR-06)

This article is written by HRH / Niels Jacob Harbitz. Photo of Gunnar Karlsen: The Norwegian Helsinki Committee.

Even if Chechens make the third biggest category of refugees admitted asylum to Norway (after Iraqis and Somalians), Norwegian immigration authorities do not consequently give asylum to those with permanent residence registration in the Chechen Republic. On being returned to the Russian Federation, their problem is that internal protection mechanisms are inadequate, and that the Russian Federation more often than not returns people to their region of origin. Even if these refugees should manage not to be sent back to the Chechen Republic, they are still unsafe, suffering from increasing levels of racism against Caucasians and also struggling to secure permanent, paid employment, adequate homes for themselves and their families etc.

-Weak and overburdened asylum systems
Karlsen is not mincing his words on this issue: -It is wrong, as Norwegian immigration authorities have claimed in some of these cases, that Chechen returnees can settle in other parts of the Russian Federation. And it is not only us that are suggesting this. This is also the conclusion of the UNHCR. It is also a very unsatisfactory solution to return Chechens to their first country of entry into the EU, since the asylum systems in many of those, Greece being a case in point, are both weak and overburdened. The Chechens returned from Norway this way are very likely to be passed straight back to the Russian Federation. According to the Dublin treaty, Norway has a right, but not a duty, to return Chechens this way. This right should be exercised far more carefully, though. And the problem is not exclusive to Chechens. Other nationalities, among them Somalis and Ethiopians have suffered the same fate.

-Children must be independently treated. Their rights are also individual
-In addition to this, Karlsen continues, our report also points out that children´s rights are insufficiently protected, once again especially in relation to the handling of refugees´ applications for permanent residency. According to the UN Convention on the Rights of the Child, children have a right to have their rights individually considered, and not be made to suffer from decisions made with reference to their parents. The principle of the best interest of the child should prevail. This is not always the case.

-The use of isolation is damaging to prisoners’ mental health
-On the issue of serving conditions in our prisons, Norway has been criticised once again by the Committee for the Prevention of Torture (CPT), whose fourth visit to the country took place last autumn. Upon arrest, detainees have an absolute right, upon their own request, to be immediately seen by a doctor, to inform a relative of their being detained and also to have access to a lawyer. It is particularly the latter of these three that is not being honoured. Instead, far too often, detainees do not get to see a lawyer until they are being interrogated. Furthermore, CPT drew attention to the tendency, particularly in the High Security A wing of Ringerike prison to use prolonged isolation, in some cases for more than 18 months. Some of the prisoners subjected to these serving conditions showed clear signs of anxiety, sleeping problems and depression. For the mentally ill inmates, the treatment resources available are also very clearly inadequate. CPT’s report also addressed the observable consequences of this. 

-Norway is losing credibility
-Finally, Karlsen concludes, given the fact that Norway has repeatedly raised this issue in international fora and against other particular states, it is disappointing that there seems to be very little interest in improving in this area. For the first time, we also include a reference to Amnesty International’s suggestion that Norway should demand an explicit agreement on the standards of treatment of prisoners of war prior to taking part in each and every international operation. Good as they are, it is quite clear that the standards set by the Geneva Convention need repeated enforcement through such particular agreements. Otherwise, Norway becomes an accomplice.

To read the full report, click here.