Norjan korkein oikeus kielsi moottoripyöräkerho MC club Satudarahin

In 2023, the Public Prosecution Authority requested the court to ban Satudarah MC because it was considered a criminal association under section 222 e of the Criminal Procedure Act. The District Court did not grant the request, while the Court of Appeal banned the club. The Supreme Court reached the same conclusion. Satudarah MC is banned in Germany and in the Netherlands. The Supreme Court’s basis was that participants in Satudarah MC have repeatedly committed serious offences against the life, health and liberty of others, and that such offences are apt to cause fear in the population or in a local community. A ban was therefore necessary to prevent serious crime. 

The Supreme Court pointed out that even though the club refers to itself as an MC club that is open to minorities, the motorcycle interest appears to be secondary. For example, it is not a condition that participants have a motorcycle. Nor does the club aim to promote multi-ethnic interests.  

The Supreme Court noted that the two Norwegian groups in Stavanger and Oslo must be considered as one association forming part of one international association. Emphasis could therefore be placed on offences committed abroad by foreign members when assessing the fear requirement. Offences committed by members, prospects and in some cases hangarounds could all be given weight. In addition to the extensive criminal activity, the Supreme Court referred to Satudurah MC’s description of itself as a one-percenter club – a term normally used for MC clubs that live on the fringes of society’s laws and regulations. The use of symbols that can create fear was also emphasised.

In the Supreme Court’s view, Article 11 of the European Convention on Human Rights on the freedom of assembly and association did not preclude the banning of an association engaged in serious crime. Offences committed before the prohibition in section 222 e of the Criminal Procedure Act entered into force could be emphasised. Since the ban has future application and is intended to prevent serious crime, it was not considered to conflict with Article 97 of the Constitution, stating that no law must be given retroactive effect.

The judgment clarifies the requirements in section 222 e of the Criminal Procedure Act on the prohibition of criminal associations.

Press release

Read the order from the Supreme Court (PDF)