(THIS ARTICLE IS MACHINE TRANSLATED by Google from Norwegian)
Michael Tetzschner (61), Parliamentary Representative for the Right and Deputy Chairman of the Control and Constitution Committee leaves little doubt that he thinks the whistleblower Edvard Snowden – if he has broken American law – must take the consequences of what he has done. The United States wants Snowden indicted for espionage, and if he is convicted, he risks severe punishment. Both life and death sentences have been mentioned in the process.
Do not judge. "It is, of course, completely inappropriate for me to pass judgment on Snowden. I have to stick to the principles, and then other, legal authorities will have to decide whether they are suitable for this case, "says Tetzschner. Only the reference to the death penalty as a relevant possibility would make each extradition impossible, and this has been taken into account in the international agreements Norway has entered into. "Principle number one is that if you break the country's laws for reasons of conscience, it must be considered whether you comply with the principles of civil disobedience. It is basically passive, and does not harm other innocents. And those who practice civil disobedience must be willing to take the reactions that come – not flee from responsibility, "the parliamentary representative believes. "The reasoning is based on living in a state governed by the rule of law, because then you can get help to argue for other rules and impunity. It remains to be seen whether this will be the development in the Snowden case. "
US authorities are demanding Snowden be extradited from Russia – where he has sought asylum with President Putin's blessing – to the United States, so the case can be brought before the judiciary there.
The Storting's control and constitution committee shall, among other things, oversee and control the Norwegian intelligence, surveillance and security service, and Tetzschner has also previously (2007-08) been a member of the Privacy Commission. He is thus well acquainted with many of the problems associated with whistleblowers, including Snowden's case. In the period 2001–2009, Tetzschner conducted his own law practice with labor law as a special field.
Tetzschner has read American Glenn Greenwald's book about Snowden – one of the two journalists who accessed Snowden's NSA files at a hotel in Hong Kong.
"It's not hard to get sympathy for Snowden – at least in the production Greenwald provides, and I can understand that Edward Snowden and other individuals are acting on idealistic grounds and stating criticism," says Tetzschner.
"I have no – as has been previously reported, including in Dagbladet – any personal desire to see Snowden get greater discomfort than he already has. But even an idealist must consider the consequences of his actions. I question Snowden's sentencing, because it is a very useful means of enjoying an asylum in Russia, given by a head of state who continuously violates the sovereignty of a European country. ”
"Even an idealist must consider the consequences of his actions."
Hypothetical issue. Tetzschner will not anticipate the Government's handling of the question whether Snowden will be allowed to come to Norway to receive the Bjørnson Prize. The Bjørnson Academy has sent a letter to Minister of Justice Anders Anundsen and Prime Minister Erna Solberg, urging them to allow the prize winner to come to Norway and the award ceremony in Molde on 5 September.
"What is it that you, as SV's Bård Vegar Solhjell, want to make clear and clear that Snowden, without risking extradition to the US, will be able to come to Norway to receive the Bjørnson Prize – a prize for human rights and freedom of expression?"
"It is still a hypothetical issue – as far as I know, there has been no application from Snowden for a stay in Norway, or for entry and exit to receive the Bjørnson Prize," says Tetzschner. "If the application should come, or Snowden should only appear at Gardermoen, it will in any case be the Immigration Authorities that will process and take a position on the case according to the regulations decided by the Storting."
Not trusted. However, Tetzschner maintains that Snowden is hardly granted asylum in Norway, but emphasizes that it is neither him nor Norwegian parliamentarians who will decide the Snowden case.
"I do not see that Snowden, who is a citizen of a democratic state governed by the rule of law, should be able to claim to meet the requirements for asylum in Norway. My basic view of this is the same as before: The Asylum Institute is connected to persecution on religious, ethnic and political grounds. As long as the Snowden case has one or more components involving offenses, any country is entitled to pursue it. ”
"What offenses are you referring to?"
"One thing to notify about information that you have legal access to, but – subject to the fact that neither I nor many others know the facts and details yet – Snowden must have gained access to information he was not trusted to. Whistleblowers can come across conditions they should report on from a legal position, ie in the field in which they work. Another thing is to take on an extended criminal liability by gaining illegal access to information and material. Then you basically come from the 'outside'. There is no obligation to hack or breach privacy regulations. "
"Snowden's lawyers and defenders believe that Snowden is accused of matters that must be regarded as political crime – and that he is in fact being persecuted. To what extent would you characterize Snowden's actions as political crime? ”
"I think that term does not make sense here. Whether you are dealing with ordinary, legitimate societal influences that must of course be protected – but if you choose instruments that for obvious reasons will be banned in democracies, such as violence and blackmail, you cannot demand impunity because you want to promote political goals, ”Tetzschner responds.
Torvik Nilsen is a freelance journalist.
paul.t.nilsen@gmail.com.
