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In early July, the Tolga brothers’ attorney, Nicolai V. Skjerdal, filed the lawsuit on behalf of the brothers.
The compensation claim was NOK 1.5 million for each of the brothers.
Two of the brothers in the Tolga case were registered as mentally retarded without having the diagnosis.
With her
In September, it became clear that both the municipality of Tolga and the state rejected the compensation.
Tolga Municipality will not provide any compensation.
– The claim is rejected because we have a different view of the case than the brothers and Skjerdal have, the municipality’s lawyer, Kristian Foss Aalmo told NRK.
The state in the Ministry of Justice responded that they did not agree that the Tolga brothers were entitled to compensation.
State and municipality conventions
Now the lawyer Nicolai V. Skjerdal, on behalf of Lars Peder and Magnus Holøyen, has filed a lawsuit against the municipality of Tolga and the state at the Ministry of Justice.
– We notify the municipality and the state to give them the opportunity to remedy the injustice committed against the Holøyen brothers, writes lawyer Skjerdal in a press release.
The municipality and the state apologize for what the brothers have been exposed to, but neither the municipality nor the state will give a penny in compensation.
-The excuse is not enough.
We believe the authorities are responsible for the damages, says the brothers’ lawyer.
Requires millions
LAWYER FOR THE BROTHERS: Nicolai V. Skjerdal is the lawyer for the Holøyen brothers and who has filed the claim for compensation.
Photo: Fend Law Firm
Compensation is now required for the violation of the rights of the Holøyen brothers, that is, compensation for non-economic losses.
– We believe that the municipality should pay compensation to each of the brothers with up to 500,000 crowns, while the state should pay up to NOK 1 million to each of the brothers, writes the lawyer in the press release.
Go through the summons
-We have not yet reviewed the summons we have received, says Tolga municipality attorney Kristian Foss Aalmo on Friday afternoon.
He and the municipality will go through this later today.
-We do not know if there is any new information provided by lawyer Skjerdal.
Beyond that, the attorney for the municipality does not want to comment on the case now, before he can evaluate the content with his client from the municipality of Tolga.
– Violation of the Constitution
In his justification of compensation to the Tolga brothers, the lawyer believes that the brothers were exposed to violations of the Constitution and the European Convention on Human Rights.
– The authorities have unfairly hanged them as mentally retarded. They have been deprived of the right to control their lives by being placed under guardianship against their will and the intervention has lasted a long time, says the brothers’ lawyer Nicolai V. Skjerdal.
Probable judgment in the new year.
The lawyer Nicolai V. Skjerdal has sent the subpoena of the case to the Nord-Østerdal District Court and the Oslo District Court. But he does not rule out that the case goes to one of the places and is probably in the Oslo District Court.
The brothers’ lawyer has asked the court to reserve two to three weeks and this is because many witnesses can be called.
-Due, among other things, to the situation of the crown and many cases in court, I do not think we can count on the case reaching the court until well into 2021, says the Tolga brothers’ lawyer.
