The Norwegian Constitution of 1814 does not contain any provision explicitly protecting the freedom of assembly. Article 100 of the Constitution regarding freedom of expression is currently under revision by the Parliament. The new article 100 as proposed by the Government will, if adopted, include at least an implicit protection of the freedom of assembly.

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The Norwegian Constitution of 1814 does not contain any provision explicitly protecting the freedom of assembly. Article 100 of the Constitution regarding freedom of expression is currently under revision by the Parliament. The new article 100 as proposed by the Government will, if adopted, include at least an implicit protection of the freedom of assembly.

The main acts concerning the Freedom of Assembly are The Human Rights Act of 21 May 1999 no. 30, incorporating in Norwegian Law the European Convention of Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR). Entry into force: 21 May 1999.

The Police Act of 4 August 1995 no. 53 section 11. Entry into force: 1 October 1995.

The Police Act section 14 authorises the municipalities to adopt bylaws requiring a notification in relation to events open to the public, even if the event does not take place at a public venue, when the nature or size of the event makes it probable that police supervision will be necessary in the interest of peace and order or of handling the traffic. A majority of Norwegian municipalities have adopted such bylaws.

Following the incorporation of the ECHR into Norwegian law by the Human Rights Act the relevant provision is ECHR article 11. According to article 11 (2) freedom of assembly may only be subject to such restrictions which

"are prescribed by law and are necessary in a democratic society in the interests of national security or public safety, for the prevention of disorder or crime, for the protection of health or morals or for the protection of the rights and freedoms of others."

The Human Rights Act also incorporates the ICCPR. Article 21 of the ICCPR has practically the same wording as article 11 of the ECHR.

The Police Act section 11, third paragraph states that

"The police may prohibit an event as mentioned in the first paragraph, but only when there is reason to fear that it may give rise to serious breach of public peace and order or of lawful traffic, or if the purpose which it is intended to promote or the manner in which this takes place is in conflict with the law."

It should be noted that in relation to the current revision of the constitutional protection of the freedom of expression, the Government has declared its intention to revise section 11 third paragraph in order to make it more clear from the wording that the police cannot prohibit a demonstration solely on the grounds that what is sought to be obtained by the demonstration is in conflict with the law.

The ECHR article 11 guarantees the right to freedom of "peaceful assembly".

The obligation to notify which follows from the Police Act section 11 first paragraph relates to "demonstrations, processions, meetings, stands or the like", when these are taking place on a public place, which is generally understood to include "any place intended for public use or frequented by the public." Gatherings may thus take place on public streets and in principle also on highways. However, the police may lay down conditions to ensure that the event does not disturb general traffic unnecessarily.

Gatherings taking place on private property are also protected by the freedom of assembly, and in this case the obligation to notify is limited to events which are open to the public and whose nature and size of the event makes it probable that police supervision will be necessary in the interest of peace and order or for handling the traffic.

There are no quantitative requirements with regard to organizers and participants of an assembly, nor any requirements with regard to who organizers and participants can be.

There are no limitations excluding certain places on a general basis. The police may lay down conditions regarding the venue in order to prevent unnecessary disturbances of the traffic or of public peace and order.

The organisers have an obligation to notify the police prior to the assembly (see questions no. 12 and 13 below).

According to the Police Act section 11, fifth paragraph, the participants of an assembly are not allowed to wear masks, unless they are participating in a play, carnival or similar.

The organisers and participants furthermore have the obligation to abide by the general legislation and to respect the conditions laid down by the police in relation to the assembly.

According to the Police Act section 11 a notification must be given to the police prior to the assembly.

According to section 11, first paragraph, the notification should be sent "well in advance".

How strictly this requirement should be interpreted, will depend on the nature and the scope of the assembly. In respect of political demonstrations, it is generally accepted that one to two days before the demonstration is sufficient, and in special circumstances shorter deadlines will have to be accepted. It can therefore be considered that spontaneous demonstrations are possible.

According to the Police Act section 11, second paragraph the notification should be in writing and include the following information:

- the purpose of the event

- the scope of the event

- the responsible organiser

- the date

- the venue

- the measures which the organiser intends to take to ensure public order

According to section 11, first paragraph the notification should be given "well in advance" of the assembly. As mentioned above in relation to question 12 this requirement is flexible, in particular in relation to political demonstrations. One to two days before the demonstration will normally be considered within the time limit, and under special circumstances a shorter notice will be accepted, as long as the police has the possibility to take the necessary precautions to ensure that the demonstration can take place without disturbances.

An authorisation is never needed for political or religious demonstrations.

The municipalities may adopt bylaws requiring authorisations in relation to events in public places when these are predominantly of an entertainment, social, artistic or commercial nature. The municipalities may when adopting such bylaws also set a time limit for the submission of the application.

As mentioned above, an authorisation is not necessary to hold an assembly. The organisers merely have an obligation to notify the police in advance. In accordance with the Police Act section 11, third paragraph, the police may prohibit the assembly, but only when there is

- reason to fear that it may give rise to serious disturbance of the public peace and order or of lawful traffic

or if

- the purpose which the assembly is intended to promote or the manner in which this takes place is in conflict with the law.

By using the words "serious disturbances" the legislator sought to emphasise that assemblies or demonstrations should only be prohibited in special circumstances.

The second alternative is rarely used in practice, and is as mentioned above (question no. 6) under revision.

According to the Public Administration Act the grounds for prohibiting the assembly shall be given. The decision may be brought before a court of law which may try the legality of the decision.

According to the Police Act section 30, a failure to notify in accordance with section 11, first paragraph may be punished with fines or with imprisonment for up three months. The same punishments apply to persons wearing masks in breach of section 11, fifth paragraph.

If the participants infringe on any of the provisions of the General Penal Code or other penal provisions they are liable to punishment accordingly.

The police have a duty to ensure that lawful assemblies can take place undisturbed and with the least possible inconvenience to general traffic, see the Police Act section 11, fourth paragraph. This includes holding back or finding alternative routes for the traffic or temporarily closing down roads. The police also have an obligation to prevent that the assembly becomes violent or degenerates into a riot.

According to the Police Act section 11, sixth paragraph, an assembly can be forcibly dispersed if it is held contrary to a ban imposed or conditions set, or if it leads to serious disturbance of public peace and order or of lawful traffic.

A police officer is as everyone else subject to the General Penal Code. A police officer who employs violence exceeding the limits of use of power, will be liable to punishment according to the relevant provisions in the Penal Code. The Penal Code further contains provisions applicable only to public servants.  According to section 117 of the Penal Code a public servant who illegally arrests or otherwise deprives someone of their liberty, may be punished with imprisonment up to 6 years.

The State has a duty to investigate all deaths and injuries if there is a possibility that it was caused by illegal conduct. According to the Act Relating to Legal Procedure in Criminal Cases (Criminal Procedure Act) 22 May 1981 no. 25 section 67, sixth paragraph, allegations of police violence will be investigated by a special criminal investigation agency. In the case of serious injury or death caused by police officers such investigation will often be conducted even if there is no suspicion of illegal conduct.

The Act Relating to State Compensation for Personal Injury Caused by a Criminal Act of 20 April 2001 no. 13 (Compensation for Victims of Violent Crime Act) provides for compensation to victims of violent crime or to their dependants if the victim was killed.

Analysis is based on information provided by the Permanent Mission of the Kingdom of Norway to OSCE.

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