September 26, 2022

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Municipality agrees with brothers on compensation – V.G

Continued: Magnus Holoen, together with his brother Lars Peder Holoen, claims compensation against the municipality of Tolga.

The agreement was reached following a compensation claim by the municipality of Tolga and two brothers, Magnus Holøyen and Lars Peder Holøyen.

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In 2018, VG revealed that Lars Peder Holien and Magnus Holien had been registered as mentally retarded by the municipality without a diagnosis. Then they stayed Placed under guardianship against his will.

Investigation later confirmed that Actions are flawed “…in all areas and conditions investigated”.

In August, VG wrote that the brothers Each required up to half a million kroner Compensation from home municipality.

– Settled

On Friday, the Dolga municipality announced a development in the case on its website.

– In the “Dolka case” the parties have reached an agreed out-of-court settlement. A news release said the municipality had no further comment.

Jørgen Losgård Stræte, the lawyer representing the municipality of Tolga, is tight-lipped about the content of the settlement.

– I can’t say anything about that. The case has now been settled, and Strate tells VG that what the municipality previously said about the case still applies.

Six days were allocated to the case at Østre Innlandet District Court in January.

– To what extent does settlement imply concession on the part of the municipality?

– I can’t comment on that, I don’t want to comment on what the municipality has learned from the Tolka case or whether there is any agreement to hide the contents from the public, Strate replied.

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The Mayor of Tolga Municipality, Bjorner Dolan (SV) is more concerned with words about the settlement than the municipality’s lawyer.

– I have no idea about this, Dolan answers all of VG’s questions.

– Injustice and transgression

The brothers’ lawyer, Nikolai Skjerdahl, previously noted that the treatment of the brothers was a serious violation of Article 3 of the ECHR, which prohibits degrading treatment. He also cited violation of Article 8 of the right to respect for private and family life.

– Lars Peder and Magnus Holøyen seek compensation for the injustice and violation exposed by being falsely registered as mentally ill and placed under guardianship against their will without sufficient legal authority, the summons says.

– Reiterating that the municipality of Tolga has a different point of view than the plaintiffs in the case, and the municipality currently has no comment, lawyer Strate wrote to VG in August.

Claims for compensation to both the Dolga municipality and the state were first presented in 2020. But both the district court and the appellate court held that the case should not be sent to the municipality, but to the state. In February this year, the Supreme Court ruled that the brothers had the right to sue the Dolga municipality.