Přehled
Rozhodnutí
THIRD SECTION
DECISION
This version was rectified on 14 June 2021
under Rule 81 of the Rules of Court.
Application no. 27798/17
Magnús GUÐMUNDSSON
against Iceland
The European Court of Human Rights (Third Section), sitting on 20 May 2021 as a Committee composed of:
Dmitry Dedov, President,
Darian Pavli,
Peeter Roosma, judges,
and Viktoriya Maradudina, Acting Deputy Section Registrar,
Having regard to the above application lodged on 5 April 2017,
Having regard to the formal declarations accepting a friendly settlement of the case,
Having deliberated, decides as follows:
FACTS AND PROCEDURE
The applicant’s details are set out in the appended table.
The applicant was represented by Ms Kristín Edwald, a lawyer practising in Reykjavik.
The Icelandic Government (“the Government”) were represented by their ad hoc Agent, Mr Haukur Guðmundsson, Permanent Secretary of the Ministry of Justice.
The applicant complained under Article 6 of the Convention that his right to be heard by an independent and impartial tribunal was violated when he was convicted of financial crimes by a judgment of the Supreme Court of Iceland. His complaint was communicated to the Government.
The Court received friendly settlement declarations signed by the parties. In the declarations, the applicant agreed to waive any further claims against Iceland in respect of the facts giving rise to this application against an acknowledgement by the Government, with reference to the Court’s judgment in the case of Sigurður Einarsson and Others v. Iceland, no. 39757/15, 4 June 2019, that the applicant’s right to a fair trial had been violated and an undertaking by the Government to pay him the amount detailed in the appended table.
The friendly settlement declarations furthermore noted the possibility for the applicant to apply to the Court on Reopening of Judicial Proceedings for the reopening of the case against him, pursuant to Chapter XXXV of the Criminal Procedure Act No. 88/2008, as amended by Act No. 47/2020.
The amount in the appended table will be converted into Icelandic krónur at the rate applicable on the date of payment, and will be payable within three months from the date of notification of the Court’s decision. In the event of failure to pay this amount within the above-mentioned three-month period, the Government undertake to pay simple interest on it, from the expiry of that period until settlement, at a rate equal to the marginal lending rate of the European Central Bank during the default period plus three percentage points.
The payment will constitute the final resolution of the case.
THE LAW
The Court takes note of the friendly settlement reached between the parties. It is satisfied that the settlement is based on respect for human rights as defined in the Convention and the Protocols thereto and finds no reasons to justify a continued examination of the application.
In view of the above, it is appropriate to strike the case out of the list.
For these reasons, the Court, unanimously,
Decides to strike the application out of its list of cases in accordance with Article 39 of the Convention.
Done in English and notified in writing on 10 June 2021.
{signature_p_2}
Viktoriya Maradudina Dmitry Dedov
Acting Deputy Registrar President
APPENDIX
Application raising complaints under Article 6 of the Convention
(independent and impartial tribunal)
Application no. | Applicant’s name Year of birth | Representative’s name and location | Date of receipt of Government’s declaration | Date of receipt of Applicant’s declaration | Amount awarded for non-pecuniary damage and costs and expenses per applicant (in euros)[1] |
27798/17 05/04/2017 | Magnús GUÐMUNDSSON 1970 | Kristín Edwald Reykjavik | 08/02/2021 | 29/12/2020 | 12,000[2] |
[1] Plus any tax that may be chargeable to the applicant.
2 Rectified on 14 June 2021: the text was “15,000”.