The Indictment

Indictment of Anders Breivik

Prosecutor Svein Holden

The Public Prosecutors of Oslo hereby indict A , born *.*.1979, Åsta Øst, 2450 RENA, before Oslo District Court, pursuant to section 39 of the Penal Code, for sentence to be passed for his transfer to compulsory mental health care, cf. chapter 5 of the Mental Health Care Act, for having in a psychotic state committed an otherwise punishable act, namely the violation of:    

I

Section 147a of the Penal Code, first subsection paras. a) and b), cf. sections 148 first subsection first penalty alternative and 233 first and second subsections for having committed a terrorist act in violation of section 148 of the Penal Code, first subsection, first penalty alternative (bringing about an explosion whereby loss of human life or extensive damage to the property of others could easily be caused) and of section 233 first and second subsections (premeditated murder where particularly aggravating circumstances prevail) with the intention of seriously disrupting a function of fundamental importance to society, such as the executive authority, or creating serious fear in a population.  

Grounds:  

On 22 July 2011 at approximately 15:17 in Grubbegata in Oslo, following prior deliberations and planning, he parked a VW Crafter van with registration number BR 99834 outside the entrance of the H-block of the Government District, housing, inter alia, the offices of the Prime Minister and Minister of Justice. At the time, a total of at least 250 persons were in the H-block and surrounding ministry offices and some 75 persons in the streets in the immediate vicinity thereof. In the vehicle he had placed a selfmade bomb weighing approximately 950 kg, consisting, inter alia, of artificial fertilizer, diesel and aluminium. He ignited a fuse with a burn time of some seven minutes and thereafter left the scene by foot to a previously parked getaway car, a Fiat Doblò with registration number VH 24605. The bomb detonated at 15:25:22 with a violent firepower and shockwave in keeping with his intentions, bringing a large number of persons who found themselves in the buildings of the Government District or at street level into immediate mortal danger, and causing massive material damage to the same buildings, as well as to surrounding buildings.  

By means of the explosion, he did kill the following eight persons, who all sustained extensive blast injuries:

1. N001, born *.*.1979   He was at the entrance of the H-block and close to the van and died immediately of massive injuries caused by the shockwave and splinters/objects that hit him.    
2. N002, born *.*.1977   She was at the entrance of the H-block and close to the van and died immediately of massive injuries caused by the shockwave and splinters/objects that hit her.    

[Additional victims listed and omitted here, including six victims who died and nine others who suffered serious injuries.]

. . . . Moreover, a further 200 persons at least were physically injured as a result of the explosion, displaying varying injury patterns, such as cuts, fractures and hearing impairments, of which many were treated in hospital/emergency clinic or given other medical treatment. In addition, many of the abovestated injured persons and others who found themselves in the vicinity of the explosion, as well as surviving relatives/next of kin, have suffered mental aftereffects of varying gravity caused by the events described above.   The bomb explosion resulted in the inability of a number of government offices, including the Office of the Prime Minister, the Ministry of Justice and Public Security, the Ministry of Trade and Industry, the Ministry of Petroleum and Energy, the Ministry of Health and Care Services, the Ministry of Labour, the Ministry of Finance, the Ministry of Education and Research, to be used, and the ministries affected were unable to attend to and carry out their functions as executive powers before a certain period of time had elapsed. The explosion and the effects thereof have also given rise to serious fear in parts of the Norwegian population.    

II

Section 147a of the Penal Code, first subsection (b), cf. section 233 first and second subsections   for having committed a terrorist act in violation of section 233 of the Penal Code, first and second subsections (premeditated murder where particularly aggravating circumstances prevail) with the intention of causing serious fear in a population.  

Grounds:  

On Friday 22 July 2011, subsequent to having acted as described in detail under count I, he did drive in the getaway car to the Municipality of Hole where he knew that the organization AUF (Norwegian Labour Youth) were holding their traditional summer camp on the island of Utøya. There were 564 persons on the island. By posing as a police officer and dressed in a uniformlike outfit, he was transported – carrying, inter alia, a Ruger brand Mini 14 semiautomatic rifle cal. 223 and a Glock brand semiautomatic 9 mm pistol – to Utøya onboard the ferry M/S Thorbjørn, where he disembarked at approximately 17:15. Up until the time of his arrest by the police on the same day at approximately 18:35, he did shoot, following prior deliberation and planning, with his rifle and/or pistol, at a number of persons who were on the island, in the water or onboard boats, including civilians who came to their rescue, exposing them to immediate mortal danger. Panic and mortal fear in children, youth and adults arose during the shooting, further intensified by the fact that there were limited possibilities of escape or hiding. While moving around the whole island, he did shoot at persons running away and/or hiding and/or whom he lured to appear from hiding with information that the police had arrived.   He did kill 69 persons, of whom 67 were hit by fatal gunshots, fired by the described weapons. Two persons died as a result of fall injuries and/or drowning while attempting to get away, without having been hit by gunshots.

The persons killed are as follows:

1. N018, born *.*.1960   He was between the Information Building and the pier and was shot five times with the pistol; two shots hit the occiput/neck, causing substantial brain injury. One shot hit him in the back, penetrating the right lung into the frontal part of the upper thorax. N018 died of the gunshot injuries to the head and chest.    
2. N019, born *.*.1966   She was standing between the Information Building and the pier and was shot three times with the pistol and/or rifle; two shots travelled straight through the skull/brain. One shot hit her in the back, penetrating the thoracic wall, upper lobe of the left lung and further upward into the left part of the throat and through the skull base. N019 died of the gunshot injuries to the head.    
3. N020, born *.*.1967   He was standing between the Information building and the Cafe Building and was shot five times with the pistol and/or rifle. One shot entered close to the left ear, leaving on the right side of the chin to subsequently reenter through the soft tissue of the upper chest. A second shot entered the left side of the abdomen, passing, inter alia, through the stomach and right lung and leaving through the thoracic wall. A third shot entered the right side of the chest, passing through the right lung and leaving through the right side of the back. A fourth entered the right cheek. . . .

[Additional victims shot and killed on Utoya listed and omitted here.]

67. N084, born *.*.1994   She was at the water's edge at South Point and was shot three times with the pistol, of which one shot to the head and one to the chest. The shot to the head penetrated the neck, travelled through the cerebellum and brain stem, causing fracturing of the skull and substantial crush injuries to the brain. The shot to the chest passed through the right lung, the spinal column and penetrated the rear thoracic wall, causing substantial hemorrhaging in the thoracic cavity. N084 died of the gunshot injuries to the head and chest.  
68. N085, born *.*.1994   He fled from the island by starting to swim, but died of drowning and was found outside South Point at a depth of 6 metres.  
69. N086, born *.*.1994   He fled and fell off a cliff near the island's west point and into the water, sustaining a fracture of the skull and pelvis, tearing of the right lung and spleen and massive hemorrhaging in the right thoracic cavity. N086 died of fall injuries and/or drowning.   In addition to the above stated murders, he did attempt to kill a number of other persons, albeit without succeeding in his intentions.

In the course of the attempted murders, he did shoot and injure 33 persons as follows: . . .

[Additional victims injured on Utoya listed and omitted here.]

A number of other persons who were on Utøya sustained physical injuries, such as fractures, cuts, etc. in their attempts to save themselves and others. In addition, a large number of persons who were on the island, surviving relatives/next of kin, as well as persons who came to rescue in boats and by other means have suffered mental aftereffects of varying gravity as a result of the above described events. The acts committed at Utøya have given rise to serious fear in parts of the Norwegian population.  

The defendant has committed extremely serious offences on a scale that has never previously been experienced in our country in modern times. In the defendant's own opinion, these acts have been legitimate and lawful, and there is undoubtedly an imminent and obvious risk that new serious offences of the same nature may occur. Considerations of public safety require a sentence ordering his transfer to compulsory mental health care, and the conditions set out in section 39 no. 1 have been met.   Submission will be made for the confiscation of three weapons (a Ruger brand semiautomatic Mini 14 rifle cal. 233, a Glock brand 9 mm semiautomatic pistol and a Benelli brand pump shotgun) with the appurtenant ammunition. Furthermore, submission will be made for the confiscation of objects used to manufacture the bomb mentioned under count I of the Indictment, as well as any clothing/equipment, etc. used during the commission of the acts described under counts I and II.   Any claims for damages/compensation for nonpecuniary damage by surviving relatives and aggrieved parties will be filed by their respective counsel, cf. section 428 and section 264 b second subsection of the Criminal Procedure Act.   In light of the disclosure of the case at the time of the indictment, there are no grounds for a submission of regular punishment, cf. section 44 first subsection of the Penal Code. Nevertheless, the prosecuting authority expressly reserves the right to make a submission during the main hearing for a sentence of imprisonment or preventive detention with a time frame of 21 years, based on the overall presentation of evidence in court, for which the defendant and defence counsel must be prepared. In such event, section 62 of the Penal Code shall apply.