Anders Breivik arriving in the courtroom in May. Photograph: Getty Images
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The grotesque manipulations of Anders Breivik

Åsne Seierstad questions a system that gives Anders Breivik publicity.

On 24 August, the verdict against Anders Behring Breivik will be pronounced at Oslo District Court. He has acknowledged having murdered 77 people and destroyed government buildings in Oslo last July but does not accept that he is guilty of any crime. This past week, others got the blame for not stopping his acts, including the man Breivik wanted to crush.

The perpetrator of the bombing and massacre was relegated to a minor role this month in Oslo. The words “blame” and “guilt” were frequently employed but this time not aimed at Breivik. The 22 July commission, an independent inquiry, has delivered its report to Prime Minister Jens Stoltenberg and, with it, devastating conclusions. The attack on Stoltenberg’s offices in the government area could have been prevented, its report claims, if measures already approved had been implemented. The authorities failed to protect the people who were massacred at a Labour Party youth camp on Utøya. Quicker police action was feasible and Breivik could have been stopped much earlier.

The report describes an almost total collapse in the planning and execution of the police action. Co-ordination failed totally and fatally: no nationwide alert, no roadblocks or observation posts set up, no attempt made to mobilise helicopters. The police work was worthy of a “failed state”, not the smoothly organised country we thought we lived in, the commentator Anders Giæver wrote.

The commission’s presentation included almost unbearably sad details, such as the witness who had seen Breivik leaving the bomb area with a gun in his hand. The witness called in the correct number of Breivik’s licence plates only ten minutes after the bombing. The operator wrote the message on a yellow Post-it note and it was given to the co-ordinator, but then left on a desk while Breivik drove out of town. For a long stretch of road he had a police car driving right behind him, suspecting nothing, as the message hadn’t been relayed further. Had he been stopped then, the whole massacre on Utøya could have been prevented.

The failures are numerous: the first policemen to arrive at the lakeside, 600 metres from Utøya island, never attempted to get a boat across to try to stop the killer, even though instructions said they should. The special police sent from Oslo passed them and drove three kilometres further due to a misunderstanding about the agreed meeting place, where they overloaded their dinghy so heavily that it almost sank and civilian boats had to come to their rescue. That was a good thing, as the police, for a while, had been heading to the wrong island.

Breivik killed on average one person every minute. So many lives could have been spared if the police work had been more efficient. Who is to blame? Whose head should roll? Who is to carry the burden of guilt?

Breivik must be rejoicing in his cell, where he has access to all the major Norwegian papers. The main headline in the tabloid newspaper VG after the inquiry made its presentation sent a not-so-subtle message to the prime minister: “Stoltenberg should go”. Breivik’s stated goal is to “crush the Labour Party”. Now the prime minister, who previously was hailed for his leadership after the attacks, is under sharp criticism for the lack of national security measures. Stoltenberg was praised when he spoke, soon after the massacre, of meeting the horror with more “openness, more humanity, but never naivety”. That last word has returned to haunt him. Because we weren’t prepared.

Notice me

So, how do we handle the man who is truly guilty? Are we prepared to punish the culprit in keeping with the standards of his crime?

Up till now, the killer has got everything he could wish for. The former high-school dropout – the nobody – became a somebody. The one who “was always there” but whom most people never remembered, has at last been noticed. Breivik has achieved worldwide notoriety. For the first time in his life he is undoubtedly uppermost in his father’s mind; the father who cut contact with him when he was 15.

To take the psychoanalytic approach: Anders grew up with an emotionally abusive mother who could oscillate between sweet talk and screaming her hatred for her son in a split second. But Anders quickly learned how to manipulate her and as the years passed the motherson power balance shifted in his favour. He later played these tricks skilfully on his captors, on the police and on the judges in court.

When finally the police captured him – three minutes after they arrived on the island, but having spent about an hour to get there – the first thing he said to the policeman sitting on top of him was: The quicker we can start the questioning, the sooner we can start negotiating. If you want to save 300 lives, you should listen to me carefully.

This negotiating tactic produced, among other things, access to a personal computer and a printer. During the trial his negotiations with the judge, Wenche Elisabeth Arntzen, showed similarities to those of a little boy with his mother. When Arntzen tried to cut the reading of his opening speech, which was filled with anti-Islamic rhetoric, he said: If you don’t let me read my full manuscript, I won’t talk at all. She gave in on the first day of the trial, and let him continue until he was through.

Now, in prison, waiting for his judgment, nothing prevents him from continuing to spread his message, freshly written every week on his cherished computer, then printed out and mailed to his followers. According to his lawyer, Breivik spends between eight and ten hours a day working. When the trial was over, at the end of June, he finally found time to sit down to read the 600 letters he had received from around the world, most of them from right-wing extremists in Germany, Sweden, Britain and Russia. VG got hold of two letters that Breivik recently sent; they were exact copies of each other; only the names differed.

In the letters, Breivik explained how he plans to keep fighting against the values of Norwegian society. Those same values that gave him a fair trial, lax treatment in prison and even the right to keep spreading his message. He writes in the letters that he plans three books: the first about the attack, the second about his ideology and the third about the future.

He is also forming a think tank named “Conservative Revolutionary Movement” and in a letter to a Russian follower he writes: “My goal is to develop a pan-European prison network consisting of European, patriotic martyrs and other politically motivated prisoners.” As he explained in his manifesto before the terror act, a trial is the best way to spread his message and so, up to now, everything has been going to plan.

As long as he or she doesn’t promote anything criminal, a prisoner in Norway has freedom of speech and the right to communicate with the outside world. All prisoners in Norway remain eligible to vote in elections. Breivik is careful in his letters not to advocate violence. But his very signature on a letter concerning a “conservative revolutionary movement” could be seen as an instigation to violence. He has often repeated that his mission is not over and, when asked in court whether he regrets his actions, has answered bluntly, “The only thing I regret is that I didn’t kill more people.”

His ten-week trial became a seminar of psychiatrists. In court, out of court, in the media, at conferences, the psychiatrists were quarrelling about differing diagnoses of mental illness that could be made on the mass murderer. All his apparent symptoms were analysed carefully by the forensic psychiatrists and the two teams appointed by the court came to opposite conclusions. The first team was convinced Breivik had been suffering from psychosis during his killing spree and thus can’t be punished according to Norwegian law. The second team concluded that he had been sane and can be punished for his crime. In Norway, putting a sick person in prison is considered a worse crime than treating a sane person on a psychiatric ward. This is one reason court psychiatrists wield greater power than their colleagues do in courtrooms in other countries.

Our system also dictates that, once a mentally ill person has been treated and declared sane, he must be allowed to go free. In most other countries he would then have to face the punishment for his crime. Curiously, in this case, neither health professionals at the prison nor any of the members of the observation team put together by the second couple of court psychiatrists has found any sign of psychotic behaviour. Synne Sørheim, from the first team of court psychiatrists, said during the trial that she is a “treatment optimist” and would treat Breivik with medication and conversation. It is hard to see what she will treat. His right-wing extremist ideas? His violent behaviour? His sense of being at war with social democracy and multiculturalism, evoking the “principle of necessity”?

One thing is clear, however – whatever the judgment is, Breivik will stay in the same topsecurity prison outside Oslo, in the three cells furnished for him. Should he be found insane, the health professionals will treat him inside the prison, a departure from the normal procedure of moving the patient to a hospital.

Breivik’s joint cells were recently classified by his lawyers as one sleeping cell; one “working cell”, with a writing desk, computer and printer; and one “fitness cell” with a treadmill. Breivik has said that he wants to study political science in prison and he has asked his followers to send him books and articles criticising the multicultural society and to enclose stamps. He has also asked for help from local rightwing bloggers willing to work with him. His computer is – unfortunately for him – offline but he doesn’t need his own blog: he can write letters, and others can post them on the web.
This past week, an anonymous letter from one of Breivik’s followers was sent to Norwegian newsrooms, signed by the “second cell of Breivik” acting under his influence.

Breivik has planned this well, his rise to fame from an early bleak life. He corrected “unemployed” to “writer” when asked for his status the first day in court. And this writer is certainly in a unique situation. What other terrorist in the world can sit in his cell and freely spread his propaganda, facilitated by the prison’s own equipment?

There is one thing that Breivik fears: that he will be judged insane. This would take away his aura of being an ideologue, a political prisoner. He would then just be a nobody again. Most of the surviving victims see the harshest punishment for him as isolation. They hope that someone will take away his computer, restrict his letter-writing and leave him alone in his cell with his thoughts and his guilt.

Åsne Seierstad is writing a book about the events of 22 July 2011 in Norway, to be published next autumn.

This article first appeared in the 27 August 2012 issue of the New Statesman, The end of the political cartoon?

Jeremy Corbyn. Photo: Getty
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Lexit: the EU is a neoliberal project, so let's do something different when we leave it

Brexit affords the British left a historic opportunity for a decisive break with EU market liberalism.

The Brexit vote to leave the European Union has many parents, but "Lexit" – the argument for exiting the EU from the left – remains an orphan. A third of Labour voters backed Leave, but they did so without any significant leadership from the Labour Party. Left-of-centre votes proved decisive in determining the outcome of a referendum that was otherwise framed, shaped, and presented almost exclusively by the right. A proper left discussion of the issues has been, if not entirely absent, then decidedly marginal – part of a more general malaise when it comes to developing left alternatives that has begun to be corrected only recently, under Jeremy Corbyn and John McDonnell.

Ceding Brexit to the right was very nearly the most serious strategic mistake by the British left since the ‘70s. Under successive leaders Labour became so incorporated into the ideology of Europeanism as to preclude any clear-eyed critical analysis of the actually existing EU as a regulatory and trade regime pursuing deep economic integration. The same political journey that carried Labour into its technocratic embrace of the EU also resulted in the abandonment of any form of distinctive economics separate from the orthodoxies of market liberalism.

It’s been astounding to witness so many left-wingers, in meltdown over Brexit, resort to parroting liberal economics. Thus we hear that factor mobility isn’t about labour arbitrage, that public services aren’t under pressure, that we must prioritise foreign direct investment and trade. It’s little wonder Labour became so detached from its base. Such claims do not match the lived experience of ordinary people in regions of the country devastated by deindustrialisation and disinvestment.

Nor should concerns about wage stagnation and bargaining power be met with finger-wagging accusations of racism, as if the manner in which capitalism pits workers against each other hasn’t long been understood. Instead, we should be offering real solutions – including a willingness to rethink capital mobility and trade. This places us in direct conflict with the constitutionalised neoliberalism of the EU.

Only the political savvy of the leadership has enabled Labour to recover from its disastrous positioning post-referendum. Incredibly, what seemed an unbeatable electoral bloc around Theresa May has been deftly prized apart in the course of an extraordinary General Election campaign. To consolidate the political project they have initiated, Corbyn and McDonnell must now follow through with a truly radical economic programme. The place to look for inspiration is precisely the range of instruments and policy options discouraged or outright forbidden by the EU.

A neoliberal project

The fact that right-wing arguments for Leave predominated during the referendum says far more about today’s left than it does about the European Union. There has been a great deal of myth-making concerning the latter –much of it funded, directly or indirectly, by the EU itself.

From its inception, the EU has been a top-down project driven by political and administrative elites, "a protected sphere", in the judgment of the late Peter Mair, "in which policy-making can evade the constraints imposed by representative democracy". To complain about the EU’s "democratic deficit" is to have misunderstood its purpose. The main thrust of European economic policy has been to extend and deepen the market through liberalisation, privatisation, and flexiblisation, subordinating employment and social protection to goals of low inflation, debt reduction, and increased competitiveness.

Prospects for Keynesian reflationary policies, or even for pan-European economic planning – never great – soon gave way to more Hayekian conceptions. Hayek’s original insight, in The Economic Conditions of Interstate Federalism, was that free movement of capital, goods, and labour – a "single market" – among a federation of nations would severely and necessarily restrict the economic policy space available to individual members. Pro-European socialists, whose aim had been to acquire new supranational options for the regulation of capital, found themselves surrendering the tools they already possessed at home. The national road to socialism, or even to social democracy, was closed.

The direction of travel has been singular and unrelenting. To take one example, workers’ rights – a supposed EU strength – are steadily being eroded, as can be seen in landmark judgments by the European Court of Justice (ECJ) in the Viking and Laval cases, among others. In both instances, workers attempting to strike in protest at plans to replace workers from one EU country with lower-wage workers from another, were told their right to strike could not infringe upon the "four freedoms" – free movement of capital, labour, goods, and services – established by the treaties.

More broadly, on trade, financial regulation, state aid, government purchasing, public service delivery, and more, any attempt to create a different kind of economy from inside the EU has largely been forestalled by competition policy or single market regulation.

A new political economy

Given that the UK will soon be escaping the EU, what opportunities might this afford? Three policy directions immediately stand out: public ownership, industrial strategy, and procurement. In each case, EU regulation previously stood in the way of promising left strategies. In each case, the political and economic returns from bold departures from neoliberal orthodoxy after Brexit could be substantial.

While not banned outright by EU law, public ownership is severely discouraged and disadvantaged by it. ECJ interpretation of Article 106 of the Treaty on the Functioning of the European Union (TFEU) has steadily eroded public ownership options. "The ECJ", argues law professor Danny Nicol, "appears to have constructed a one-way street in favour of private-sector provision: nationalised services are prima facie suspect and must be analysed for their necessity". Sure enough, the EU has been a significant driver of privatisation, functioning like a ratchet. It’s much easier for a member state to pursue the liberalisation of sectors than to secure their (re)nationalisation. Article 59 (TFEU) specifically allows the European Council and Parliament to liberalise services. Since the ‘80s, there have been single market programmes in energy, transport, postal services, telecommunications, education, and health.

Britain has long been an extreme outlier on privatisation, responsible for 40 per cent of the total assets privatised across the OECD between 1980 and 1996. Today, however, increasing inequality, poverty, environmental degradation and the general sense of an impoverished public sphere are leading to growing calls for renewed public ownership (albeit in new, more democratic forms). Soon to be free of EU constraints, it’s time to explore an expanded and fundamentally reimagined UK public sector.

Next, Britain’s industrial production has been virtually flat since the late 1990s, with a yawning trade deficit in industrial goods. Any serious industrial strategy to address the structural weaknesses of UK manufacturing will rely on "state aid" – the nurturing of a next generation of companies through grants, interest and tax relief, guarantees, government holdings, and the provision of goods and services on a preferential basis.

Article 107 TFEU allows for state aid only if it is compatible with the internal market and does not distort competition, laying out the specific circumstances in which it could be lawful. Whether or not state aid meets these criteria is at the sole discretion of the Commission – and courts in member states are obligated to enforce the commission’s decisions. The Commission has adopted an approach that considers, among other things, the existence of market failure, the effectiveness of other options, and the impact on the market and competition, thereby allowing state aid only in exceptional circumstances.

For many parts of the UK, the challenges of industrial decline remain starkly present – entire communities are thrown on the scrap heap, with all the associated capital and carbon costs and wasted lives. It’s high time the left returned to the possibilities inherent in a proactive industrial strategy. A true community-sustaining industrial strategy would consist of the deliberate direction of capital to sectors, localities, and regions, so as to balance out market trends and prevent communities from falling into decay, while also ensuring the investment in research and development necessary to maintain a highly productive economy. Policy, in this vision, would function to re-deploy infrastructure, production facilities, and workers left unemployed because of a shutdown or increased automation.

In some cases, this might mean assistance to workers or localities to buy up facilities and keep them running under worker or community ownership. In other cases it might involve re-training workers for new skills and re-fitting facilities. A regional approach might help launch new enterprises that would eventually be spun off as worker or local community-owned firms, supporting the development of strong and vibrant network economies, perhaps on the basis of a Green New Deal. All of this will be possible post-Brexit, under a Corbyn government.

Lastly, there is procurement. Under EU law, explicitly linking public procurement to local entities or social needs is difficult. The ECJ has ruled that, even if there is no specific legislation, procurement activity must "comply with the fundamental rules of the Treaty, in particular the principle of non-discrimination on grounds of nationality". This means that all procurement contracts must be open to all bidders across the EU, and public authorities must advertise contracts widely in other EU countries. In 2004, the European Parliament and Council issued two directives establishing the criteria governing such contracts: "lowest price only" and "most economically advantageous tender".

Unleashed from EU constraints, there are major opportunities for targeting large-scale public procurement to rebuild and transform communities, cities, and regions. The vision behind the celebrated Preston Model of community wealth building – inspired by the work of our own organisation, The Democracy Collaborative, in Cleveland, Ohio – leverages public procurement and the stabilising power of place-based anchor institutions (governments, hospitals, universities) to support rooted, participatory, democratic local economies built around multipliers. In this way, public funds can be made to do "double duty"; anchoring jobs and building community wealth, reversing long-term economic decline. This suggests the viability of a very different economic approach and potential for a winning political coalition, building support for a new socialist economics from the ground up.

With the prospect of a Corbyn government now tantalisingly close, it’s imperative that Labour reconciles its policy objectives in the Brexit negotiations with its plans for a radical economic transformation and redistribution of power and wealth. Only by pursuing strategies capable of re-establishing broad control over the national economy can Labour hope to manage the coming period of pain and dislocation following Brexit. Based on new institutions and approaches and the centrality of ownership and control, democracy, and participation, we should be busy assembling the tools and strategies that will allow departure from the EU to open up new political-economic horizons in Britain and bring about the profound transformation the country so desperately wants and needs.

Joe Guinan is executive director of the Next System Project at The Democracy Collaborative. Thomas M. Hanna is research director at The Democracy Collaborative.

This is an extract from a longer essay which appears in the inaugural edition of the IPPR Progressive Review.

 

 

This article first appeared in the 27 August 2012 issue of the New Statesman, The end of the political cartoon?