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JÓN KRISTINSSON CASE

Doc ref: 12170/86 • ECHR ID: 001-55493

Document date: October 23, 1990

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JÓN KRISTINSSON CASE

Doc ref: 12170/86 • ECHR ID: 001-55493

Document date: October 23, 1990

Cited paragraphs only

The Committee of Ministers, under the terms of Article 54 (art. 54)

of the Convention for the Protection of Human Rights and Fundamental

Freedoms (hereinafter referred to as "the Convention"),

Having regard to the judgment of the European Court of Human Rights in

the Jón Kristinsson case, delivered on 1 March 1990 and transmitted

the same day to the Committee of Ministers;

Recalling that the case originated in an application against Iceland

lodged with the European Commission of Human Rights on 10 April 1986

under Article 25 (art. 25) of the Convention by Mr Jón Kristinsson, an

Icelandic national, who complained that he had not been tried by an

impartial tribunal;

Recalling that the Commission declared the application admissible on

13 October 1987 and in its report adopted on 8 March 1989 expressed

unanimously the opinion that there had been a violation of

Article 6, paragraph 1 (art. 6-1), of the Convention;

Recalling that the case was brought before the Court by the

Commission on 12 April 1989;

Whereas in its judgment of 1 March 1990 the Court, having taken

formal note of a friendly settlement reached by the Government of

Iceland and the applicant and having found that there were no reasons

of public policy justifying the continuation of the proceedings,

decided unanimously to strike the case out of its list;

Whereas under the above-mentioned friendly settlement it was agreed:

1. that the Icelandic State Treasury reimburse Mr Jón Kristinsson

for his fine and the costs of the case he has paid (26 650 Icelandic

krona) with interest as from 12 May 1986 (53 353 krona), or a total of

80 003 krona;

2. that the Icelandic State Treasury pay Mr Jón Kristinsson the

costs incurred by him for legal assistance on account of his

application to the European Commission of Human Rights, totalling

461 130 krona when the financial assistance received by

Mr Kristinsson from the European Commission of Human Rights has been

taken into account;

3. that Mr. Jón Kristinsson undertake, following the payment of

the above amounts and without receiving damages or any further

payments from the Icelandic State Treasury, not to prosecute the case

now before the European Court of Human Rights any further, and not to

take any other legal action against the Government of Iceland before

Icelandic or international courts on account of the facts described

above;

4. that Mr Jón Kristinsson accept that the Icelandic State

Treasury pay the above payments immediately, provided the European

Court of Human Rights agrees to strike the case referred to it by the

European Commission of Human Rights against the Government of Iceland

out of its list in accordance with Rule 49, paragraph 2, of the Rules

of Court;

5. that the Icelandic Minister of Justice will request the Public

Prosecutor of Iceland to have a note entered into the State Criminal

of Iceland has today, on account of the stand taken by the European

Commission of Human Rights with regard to his application, concluded a

settlement with him providing for refund of the amounts he was ordered

to pay to the Icelandic State Treasury by the judgment of the Supreme

Court of Iceland of 25 November 1985;

6. that the obligations here undertaken by the Government of

Iceland, on the one hand, and Mr Jón Kristinsson, on the other, be

automatically cancelled in case the European Court of Human Rights

withholds its approval as referred to under point 4 above;

Recalling that Rule 49, paragraph 3, of the Rules of Court provides

that the striking out of a case shall be effected by means of a

judgment which the President shall forward to the Committee of

Ministers in order to allow it to supervise, in accordance with

Article 54 (art. 54) of the Convention, the execution of any undertaking

which may have been attached to the discontinuance or solution of the

matter;

Having invited the Government of Iceland to inform it of the measures

taken for the execution of the undertakings attached to the solution

of the case;

Having satisfied itself that the Government of Iceland has paid to

the applicant the sums provided for in the friendly settlement,

Declares that it has exercised its functions under Article 54

(art. 54) of the Convention in this case.

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