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JENS GUNNARSSON v. ICELAND

Doc ref: 36045/19 • ECHR ID: 001-207425

Document date: December 16, 2020

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JENS GUNNARSSON v. ICELAND

Doc ref: 36045/19 • ECHR ID: 001-207425

Document date: December 16, 2020

Cited paragraphs only

Communicated on 16 December 2020 Published on 11 January 2021

THIRD SECTION

Application no. 36045/19 Jens GUNNARSSON against Iceland lodged on 28 June 2019

SUBJECT MATTER OF THE CASE

By a District Court judgment on 7 April 2017 the applicant was, among other things, convicted of breach of confidentiality in his work as a police officer and sentenced to fifteen months ’ imprisonment. The conviction was partly upheld by the Court of Appeal on 23 November 2018 and the Supreme Court refused the applicant leave to appeal on 17 January 2019.

The applicant complains that the Court of Appeal had not been a “tribunal established by law” within the meaning of Article 6 § 1 of the Convention because one of the judges on the bench which ruled on his case had not been appointed in accordance with the domestic law.

QUESTION TO THE PARTIES

Did the proceedings before the Court of Appeal violate the applicant ’ s right to be heard by a tribunal established by law guaranteed by Article 6 § 1 of the Convention (see, Guðmundur Andri Ástráðsson v. Iceland [GC] , no. 26374/18, §§ 235-290, 1 December 2020)?

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