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COMPENSATION CLAIM: Magnus Holøyen (27) and a brother demanded compensation from the Tolga municipality after they were placed under guardianship against their will. Photo: Krister Sørbø, VG
Two of the brothers in the Tolga case asked for three million crowns in compensation from the municipality of origin. The municipality said no and believes that it is the state that should be sued.
The brothers Lars Peder (36) and Magnus Holøyen (27) was registered as mentally retarded by the municipality without having the diagnosis and then placed under guardianship against his will.
This summer, they sent a notice of demand to the municipality of Tolga, where they demanded 1.5 million crowns each in compensation, a claim that was recently rejected by the municipality.
VG has had access to the justification of the municipality of Tolga. Here it says that the claim is rejected because the municipality believes that it is not correct to sue it.
The brothers have accused Tolga of violating the European Convention on Human Rights (ECHR) and, according to the municipality, only the state can be held responsible for human rights violations.
Therefore, the claim for compensation should be addressed to the State, believes the municipality.
They think they demand too much money
– Since the municipality should have been responsible, we still believe that there is no violation of the established provisions. And since there should have been a default, we believe there is no basis for compensation in any case, says attorney Kristian Foss Aalmo, who represents the Tolga municipality in the case.
He also believes that NOK 1.5 million each is too high a requirement, noting that in other judgments between NOK 25,000 and 40,000 have been awarded in compensation for violations of the ECHR.
The brothers’ lawyer, Nicolai V. Skjerdal, has previously stated that he was not satisfied with the municipality’s response. The claim for compensation has also been submitted to the state, and it will then be evaluated if the case ends up in court. Skjerdal tells VG that he wants to wait for the state’s response before commenting further on the case.
INVESTIGATED: Various agencies investigated all aspects of the Tolga case, on behalf of the government. The Tolga municipality was criticized for its treatment of the brothers. Here by former rapporteur Ragnhild Aashaug. Photo: Krister Sørbø, VG
This is the case
VG wrote in October 2018 that three Tolga siblings in Hedmark unaware that they had been registered as mentally retarded since 2012 and 2013.
The brothers were placed under guardianship against their will by the Hedmark County Governor.
Upon investigation, one of the brothers was diagnosed with moderate mental retardation in 2014. In February 2018, it was established in an investigation that the other two brothers do not have mental retardation.
Read the award-winning report: The story of the three brothers in Tolga
This is how the municipality responds point by point
In the application, the brothers’ lawyer referred to violations of article 3 of the ECHR (protection of the person against abuse by the authorities) and of article 8 (right to privacy and protection against arbitrary interference by the authorities) when the municipality registered the brothers as mentally retarded and when the municipal doctor sent a notice of need for guardianship. for the brothers of the county governor.
The municipality rejects both points.
- “Through public apology, the municipality has apologized for the errors in the registry and understands that the Brothers have found it stressful to be registered as mentally retarded, but as is clear from the practice of the EMD, the reprehensible treatment alone does not it is enough to establish a violation. “
- The municipality rejects that the municipal doctor’s report on guardianship constitutes a violation of the ECHR, but admits that it is regrettable that the brothers were not called for an interview in advance: “The purpose of the report was not to humiliate or degrade the Brothers, on the contrary . Although it is regrettable that the Brotherhood was not summoned to an interview prior to sending the message, this fact cannot mean that the threshold of seriousness has been exceeded (…) ».
In its response, the municipality writes that what happened in the Tolga case is below the threshold of what the brothers’ lawyer indicates as “degrading treatment”, and that there must be a “particularly intense intervention by the authorities” for it to constitute a violation of the ECHR. .
TOLGA: The Tolga case received massive attention at the local and national level and led to a major investigation of the entire guardianship scheme in Norway. Photo: Krister Sørbø, VG
“Something could have been handled differently”
The Tolga municipality emphasizes in the response that the fact that the claim for damages is rejected does not mean that “they do not understand that this case has been burdensome” for the brothers, something that according to the municipality has been for “all those involved. “.
Tolga Municipality further writes that they believe they have done a lot to help Magnus Holøyen and his only brother.
“Tolga’s clear vision is that the municipality, since the Brothers’ childhood, has worked to alleviate their social and health challenges through various forms of assistance and service provision. It should be clear that the Brothers have needed assistance in their life, and Tolga’s performance and disposition should be seen in light of this, ”the municipality writes.
“Furthermore, it is clear that the Brothers have received assistance and services based on their need for assistance, and from which the municipality believes they have benefited. However, Tolga sees in hindsight that some issues could have been handled differently. “
