On April 20, 2024, the hashish cafe AROD opens in Oslo. We do that as a result of the UN human rights equipment recommends the legalization of the hashish market to guard in opposition to the unwanted effects of prohibition, as a result of an increasing number of nations are regulating the hashish commerce to guard public well being and since the Norwegian authorities continues the punishment within the rejected premises. .
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Hashish and the rule of regulation
The latter is punished. The state has an obligation to supply efficient minority safety, however Norway has didn’t take accountability for persecuted teams for 15 years. Provide and demand are reworked right into a context of sufferer and abuser for the budgets, powers and status to be continued – and since the fee of the enforcement of the federal government's drug coverage, not too long ago established, ignores the essential points and the Director of Public Prosecutions didn’t act on his constitutional accountability, ARODs. hashish espresso promotes the rule of regulation. .
For cover in opposition to the legal market, we provide high quality assured items in a protected setting and we defend the land in constitutional phrases. We have now to supply a small piece of Norway, because the Structure proposes, and we is not going to quit till the courts have selected the query of a authentic objective. .
200 years of authorized historical past is at stake and the necessity for authorized improvement is obvious. To the extent {that a} regulated drug market is best than a legal market, prohibition serves no authentic objective, and the federal government's drug coverage violates human rights..
Attributable to civil disobedience, AROD tried to make clear this blind spot, however we didn’t hear from the police. The AROD subsequently invitations judicial proceedings and the Director of the Public Ministry has a accountability impartial of the rule of regulation. .
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Tasks of the Director of Public Prosecutions
For the reason that report of the Prison Regulation Fee in 2002, the premise of Norwegian drug coverage has turn out to be more and more contested. A number of commissioned research verify the shortage of basis for punishment, however authorities coverage stays outlined by the ethical panic that was famous by the 2019 report of the Royal Fee on Drug Coverage..
The Director of Public Prosecutions should subsequently emphasize ideas that should weigh closely if a liberal state of regulation is to outlive, and the 2023 report of the Committee for conduct, integrity and battle of curiosity within the dialogue of the appliance of the regulation of a battle between administrative regulation and the regulation of rights, the place the latter has been de-prioritized, reveals a systemic downside. .
To the extent that the executive regulation has been prioritized, the drug coverage has an issue with human rights, and AROD has proven the hyperlink between the drug coverage and the arbitrary prosecution of the previous. The Director of Public Prosecutions has a management accountability to make sure regulation and justice, and this record of inquiries to the Minister of Justice reveals the constitutional dispute related to drug coverage. It additionally reveals that the evaluation of the rights of the Supreme Court docket doesn’t meet the necessities for an neutral and competent therapy, and the Director of Public Prosecutions should make sure the rule of regulation. .
That is accomplished by a dignified efficiency by the police in reference to the opening of Norway's first hashish cafe, adopted by a correct authorized course of. The Director of Public Prosecutions is conscious that AROD has no manufacturing capability and that we have to go to the unlawful market to search out the products. We are going to search for hashish that’s produced regionally and high quality managed, and any interference by the police earlier than the opening on April 20 shall be obstructing a political program.
Actions like this are entitled to particular safety, and we invite the police to indicate up between 10am -12am on the day of the opening. AROD can have a particular supply the place the hashish is bought for 100 kroner per gram in relation to the inventory. The occasion shall be documented, so there isn’t any threat of shedding proof, and AROD gives the next record of proof and court docket proceedings:
Preliminary record of proof and authorized course
For a correct authorized course of, a big take a look at chamber and streaming of the negotiations are fascinating. The next record of proof ensures constitutional safety:
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Day 1: Opening proceedings and viewing of Shifting a Nation Ahead.
The documentary Shifting a Nation Ahead reveals how Norway has for 60 years continued to ban medication in failing premises. For 15 years, the state didn’t take accountability for the persecuted teams, and the negotiations are primarily based on the data that emerges.
To the extent that the prosecuting authority, the federal government, or the Ministry of Justice has any issues with the documentary, AROD shall be knowledgeable upfront in order that the record of proof and witnesses might be up to date. We don't need to waste the court docket's time. Nonetheless, it’s the accountability of the court docket to make clear if the drug coverage is related to the arbitrary prosecution of the previous, and if the prosecuting authorities, the Ministry of Justice, or the workplace of the Prime Minister oppose to such a connection, the witness field will let you know whether or not the federal government's objections have benefit. .
If the state rejects the claims made within the documentary, AROD presents three extra movies that verify the overall image. We are going to return to this, however the claims of rights violations are so effectively documented that the directions and tips dictate that the prosecuting authorities assist the request that these liable for punishment should testify. It will make clear the principle floor related to the drug coverage, and the inquiries to the Minister of Justice should be answered in order that the punishment continues.If the prosecuting authority has objections to the authorized points, AROD shall be knowledgeable upfront to have the ability to elaborate.
The record of questions is in any other case intensive. It reveals that the Storting, the Authorities and the Ministry of Justice have failed the skilled accountability for the drug coverage for 20 years, and a sound judgment requires that the prosecution authorities assist the structure.
Because of this the prosecution authorities acknowledge (1) the connection between the drug coverage and the arbitrary prosecution of the previous, (2) that the integrity of the authorized occupation – certainly your entire system – decrees an intensive evaluate, and (3) that the Justice Minister's response to the questions determines the load of the Structure and whether or not the Accountability Act applies. .
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Witnesses
The protection has 3-20 witnesses, relying on the objections which are declared. If the prosecuting authority denies the reference to the arbitrary persecution of the previous, we are going to name the Director of Public Prosecutions and the First State Prosecutor Runar Torgersen as witnesses. In any case, the Minister of Justice is the witness 1, and because the Ministry of Justice opposes the connection to the present prosecution of the previous, we are going to name extra staff. .
.Nora Bergsjø, who acts as an advisor to the Division of Regulation, can also be witness 2. She’s going to clarify the views of the Division of Justice on drug coverage after the Minister of Justice has defined the federal government's place. If the Ministry of Justice / Bergsjø doesn’t acknowledge the reference to the present prosecution of the previous, the Protection will summon the Council of the Ministry Heidi Heggenes, in addition to Kjetil Moen and Marlis Eichholz to the Division of Regulation. They’ll elaborate how the Ministry of Justice took care of the accountability, and if the administration of the Ministry doesn’t acknowledge the reference to the present prosecution, the Protection will summon Jens Andenæs, Hans-Petter Jahre, Tonje Vang and Arnulf Øyen. .
As members of the Drug Coverage Enforcement Committee and the Authorities's educational alibi, these legal professionals can elaborate on the premise of presidency coverage. Though an increasing number of nations regulate hashish to guard public well being and the UN human rights equipment recommends legalization to guard society, the federal government continues to punish within the premises rejected. This imposes a constitutional downside on the federal government and witness 3, no matter Prime Minister Jonas Gahr Støre. .
Police witnesses can verify that they’ve sources within the Labor Celebration who say that Støre helps drug coverage reform, however offers in to the punishment foyer. The testimony of the Prime Minister might be anticipated to make clear a serious systemic downside, and on this foundation the court docket can decide the integrity of the political course of. .
If the Prime Minister Jonas Gahr Støre, the federal government, or the Division of Justice doesn’t acknowledge the reference to the arbitrary persecution of the previous, the protection will name Mads Andenæs, Hans Petter Rui, Henriette Sinding Aasen, Hans Fredrik Marthinussen, Bård Dyrdal, Kathrine Holter, Tania Garthus and Morten Holmbo. If the prosecuting authorities don’t acknowledge the reference to the present persecution of the previous, they’ll name the identical witnesses, and supply an perception from the attitude of pros. .
The variety of days in court docket is thus decided by the objections which are declared. The police should know if the actors of the case oppose a connection between the drug coverage and the arbitrary prosecution of the previous, after which the times for court docket proceedings are calculated. .
The record of questions is intensive, and every testimony will final a couple of day. It could possibly be 22 days in court docket, however the prosecution allocates 60 days to condemn drug traffickers to essentially the most extreme punishment of the regulation, and there may be speak of a courtroom to determine crucial constitutional problems with the period of the put up warfare. The precept of equality dictates that these persecuted within the drug coverage obtain a worthy protection, and within the worst case, 22 days are what is required to make clear the connection with the Structure. .
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Reality and Reconciliation
Now the reference to the arbitrary persecution of the previous is straightforward to find. Neither the Authorities, the Ministry of Justice, nor the Director of Public Prosecutions are served to oppose an efficient treatment, and it’s doable that each one will assist the tip of the hunt for scapegoats. On this case, the variety of authorized days might be diminished to 5, and from there an neutral and competent impartial court docket can face a nationwide trauma by giving a judgment that confirms the claims of the protection. .
Such a judgment would mark that public panic now not prevails, present persecuted teams with an efficient treatment, and turn out to be a cornerstone for constructing integrity within the authorized system. Drive the Storting, the Authorities and the Division of Justice to take care of important shortcomings and put together the best way for a reality and reconciliation fee.
ARODS hashish cafe will make all this doable. It can be sure that Norway accepts long-ignored tasks in human rights, and it’s tough to think about that the Director of Public Prosecutions doesn’t need to finish the rising uncertainty among the many police. We subsequently sit up for this 12 months's 420 celebration and hope to see a constructive interplay with the Norwegian police and prosecution authorities.
