Norwegian mass killer Anders Behring Breivik, found guilty of killing 77 people, mainly teenagers, in July 2011, lost his claim Thursday against the state to end his solitary confinement in prison.

The trial for Breivik’s suit was held in January against the Norwegian Ministry of Justice over the conditions of his detention. The trial was held in the gymnasium of Ringerike prison. Breivik stated that his constant time in isolation was “inhumane” and a violation of his human rights with his lawyers arguing that he had been living in a “completely locked world” and did “not wish to be alive any more.” The Oslo District Court firmly rejected Breivik’s human rights claim and found that limiting his freedom and communication to the public was justified as he still remains a danger to society. Breivik’s lawyers expressed their “disappointment” at the decision and stated they intend to appeal the decision. 

This is not the first time Breivik has brought a legal challenge to his conditions of isolation within prison. In 2018, he brought a claim to the European Court of Human Rights (ECHR) stating that his prison conditions were a violation of Article 3 and Article 8 of the European Convention on Human Rights. This claim was ultimately rejected as being “manifestly ill founded” and the Strasbourg court found that Norwegian authorities had acted reasonably.

Breivik is currently serving a 21-year sentence, the maximum a court in Norway can impose, although it can be extended for as long as he is deemed a threat to the public. He has been held in solitary confinement throughout the sentence. He unsuccessfully applied for parole in 2022, with the court ruling he had not changed and remained a risk to society.

According to the 2019 Special Report on Solitary Confinement in Norwegian Prisons from the Norwegian Parliamentary Ombudsman over half of all instances in Norwegian prisons of solitary confinement are due to financial and practical issues, including lack of staff, lack of available activities and lack of shared common areas. The report also found that many prisoners in the highest security solitary confinement cells are “people experiencing a personal crisis or severe mental crisis with a risk of suicide or self-harm.” The European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) during its 2018 inspection of Norwegian prisons found prisoners being in isolation over 22 hours a day, in violation of CPT guidelines.