number of occasions resorted to acts wliich he describes
as self-defence (in 1978, twice throwing bucketfuls of
excrement and urine over cars parked in front of his
house, and, in 1979, firing shots from his shotgun in the
direction of a group of youngsters across the street and
accidentally wounding three of them). In the criminal
court proceedings that ensued, the author explained
that, in all cases, he had suspected the occupants of the
cars and the group of youngsters across the street of be
ing would-be stone throwers whom he only wanted to
scare away. He was, however, found guihy of violating
a number of provisions of the penal code, found Hable
for damages and sentenced to 30 days' imprisonment,
suspended.
4.2
The State party then continues that
Should one take the view that a right to self-defence falls within the
scope of article 17, it is at any rate clear that the author went too far
when exercising this (possible) right. In fact, three children were hit
during the shooting incident. Considerable damage was caused to the
cars of persons parking for a limited period of time at the bus-stop, in
one case without any prior warning from the author. In the court's
opinion, he exceeded his right to self-defence, and this must also be
the result under article 17 of the Covenant.
Norwegian authorities have clearly not interfered with the privacy,
home etc., of the author. The main problem in relation to article 17 is
therefore whether the authorities have afforded sufficient protection
to S. S. against interference by other persons, or, to put it differently,
whether Norway has ensured the author the right recognized in article
17 of the Covenant (see article 2 (1) of that instrument).
Seen from this angle, the relevant domestic remedies are not in the
hands of the courts, but of the various police authorities, which have
as their major task to maintain public order and protect the rights of
the individual. A person claiming that he has been harassed by others,
has to address himself to the police authorities giving them the oppor
tunity to investigate the matter with a view to preventing similar events
in the future.
2.2 The author feels strongly that it is unjust that he
has been found guilty and sentenced, as he sees it,
merely for trying to defend himself and his property,
while the real offenders, i.e, those who for years have
been annoying him and damaging his property, have
been neither apprehended nor charged. He also feels
that a number of procedural errors have been made by
the prosecuting authorities and the trial court in the con
duct of his case.
In the countryside, his first possibihty is to inform the sheriff
(lensmannen). If he is of the opinion that the sheriff is not pursuing
the matter in an efficient manner, he may complain to the police,
which will then investigate the matter and ask the sheriff for clarifica
tions. If the person concerned is still not satisfied, he may complain to
the Crown Prosecutor (statsadvokaten)
and in the last instance to the
Attorney-General (riksadvokaten).
Accordingly, a hierarchical system
of remedies is available to persons claiming to be subjected to harass
ment or other criminal acts.
2.3 The author did not initially specify the article or
articles of the International Covenant on Civil and
Political Rights which have allegedly been violated by
Norway in his case. However, the facts set out in his let
ter dated 5 September 1980 indicate that he claims to be
a victim of violations of the provisions of article 17 of
the Covenant.
In the case of S. S., it is a matter of clear fact that he never ad
dressed himself to the police or the Crown Prosecutor because of the
alleged harassment ....
4.3 The State party points out in this connection
that "the author has not adopted an active attitude
towards the poHce authorities" and that apart from the
two incidents mentioned in the author's communica
tion:
2.4 He requests the Human Rights Committee to
consider his claim, pointing out that domestic remedies
were exhausted by the refusal of the Supreme Court on
31 July 1980 to allow his appeal. He also maintains that
other admissibility criteria, set out in the Optional Pro
tocol, are fulfilled.
... the sheriff's office has never been informed by S. S. of alleged
trouble on his property. According to S. S. he has been terrorized for
a long time. The remedy open to him was then to report to the
sheriff's office, a remedy of which he does not seem to have made ade
quate use. But at any rate he might have entered into contact with the
police or the Crown prosecutor, arguing that he was not satisfactorily
protected. As stated above, it is clear that he never did this.
2.5 There is no indication in the communication
that the same matter has been submitted to another pro
cedure of international investigation or settlement.
Accordingly, it is the opinion of the Norwegian authorities that the
author has not exhausted the domestic remedies available to him in ac
cordance with article 2 of the Optional Protocol.
3. By its decision of 27 March 1981, the Human
Rights Committee transmitted the communication
under rule 91 of the provisional rules of procedure to
the State party concerned, requesting information and
observations relevant to the question of admissibility of
the communication, in so far as it may raise issues under
article 17 of the International Covenant on Civil and
Political Rights.
4.4
The State party adds:
... that the sheriff's office in fact kept an eye on S. S.'s house,
situated about 6-8 km from the office, as the officers passed the house
several times every day.
It should also be pointed out that the sheriff's area covers 240 km'
with a population of about 6,500. The office has a heavy workload.
4.1 By a note dated 21 October 1981, the State party
objected to the competence of the Human Rights Com
mittee to consider the communication, stating that
5.1 On 16 November 1981, the author of the com
munication forwarded his comments in reply to the
State party's submission of 21 October 1981.
if the communication is to be interpreted as alleging a breach of article
17 because S. S., acting in legitimate self-defence, was not acquitted in
the criminal proceedings instituted against him, it is the opinion of the
Norwegian authorities that the communication should be declared in
admissible as incompatible with the provisions of the Covenant in ac
cordance with the provisions of article 3 in fine of the Optional Pro
tocol. Article 17 provides that no one shall be subjected to arbitrary
or unlawful interference with his privacy, family, home or cor
respondence, nor to unlawful attacks on his honour and reputation. It
does not contain any right to be acquitted because of self-defence.
5.2 The author rejects the State party's contention
that the communication does not reveal a violation of
article 17 of the International Covenant on Civil and
Political Rights and therefore is inadmissible, stating, in
particular, that "it is extremely disheartening and dis
quieting that the Government should consider that the
events and hooliganism ... to which I was subjected for
a long time are not covered by article 17. For that mat31
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