Communicated on 16 December 2020 Published on 11 January 2021

THIRD SECTION

Application no. 48281/18 Friðjón Björgvin GUNNARSSON against Iceland and 13 other applications (see list appended)

SUBJECT MATTER OF THE CASE S

The cases concern the court proceedings conducted against or by the applicants and deal , in particular, with the question whether the Court of Appeal had been a “tribunal established by law” within the meaning of Article 6 § 1 of the Convention. The applicants complain before the Court that either one or two of the judges on the benches of the Court of Appeal which ruled on their cases had not been appointed in accordance with the domestic law.

The facts of the cases, as submitted by the applicants, may be summarised as follows.

1. Application no 48281/18 lodged on 4 October 2018 by Friðjón Björgvin GUNNARSSON. The applicant was convicted of serious tax and accounting offences and money laundering by the District Court of Reykjavík on 6 April 2017. The conviction was upheld by the Court of Appeal on 15 June 2018. The applicant did not request leave to appeal to the Supreme Court.

2. Application no 48294/18 lodged on 4 October 2018 by Guðmundur Thor GUÐMUNDSSON. The applicant was convicted of burglary and assault by the District Court of Reykjanes on 28 December 2016. The conviction was upheld by the Court of Appeal on 15 June 2018. The applicant did not request leave to appeal to the Supreme Court.

3. Application no 48300/18 lodged on 4 October 2018 by Sigurður Jóhann ÁRNASON. The applicant was convicted of assault by the District Court of Reykjavík on 7 December 2016. The conviction was upheld by the Court of Appeal on 25 May 2018 and the Supreme Court refused the applicant leave to appeal on 20 June 2018.

4. Application no 48798/18 lodged on 4 October 2018 by Stefán Már GUÐFINNUSON. The applicant was, among other things, convicted of driving under the influence of drugs by the District Court of Reykjavík on 8 June 2017. The conviction was upheld by the Court of Appeal on 4 May 2018. The applicant did not request leave to appeal to the Supreme Court.

5. Application no 49238/18 lodged on 4 October 2018 by Þór ELÍASSON BACHMANN. The applicant was convicted of serious assault by the District Court of Reykjanes on 4 January 2017. The conviction was upheld by the Court of Appeal on 22 June 2018. The applicant did not request leave to appeal to the Supreme Court.

6. Application no 6678/19 lodged on 21 January 2019 by Eldin SKOKO. The applicant was convicted of sexual assault by the District Court of Western Iceland on 12 January 2018. The conviction was upheld by the Court of Appeal on 14 September 2018 and the Supreme Court refused the applicant leave to appeal on 14 November 2018.

7. Application no 6681/19 lodged on 21 January 2019 by Ottó Örn ÞÓRÐARSON. The applicant was convicted of serious drug offences by the District Court of Reykjavík on 19 May 2017. The conviction was upheld by the Court of Appeal on 16 November 2018. The applicant did not request leave to appeal to the Supreme Court.

8. Application no 6696/19 lodged on 21 January 2019 by Haukur Sigurbjörn MAGNÚSSON. By judgment of 6 November 2017 the District Court of Reykjavík found for the defendant in defamation proceedings brought by the applicant. The judgment was upheld by the Court of Appeal on 2 November 2018 and the Supreme Court refused the applicant leave to appeal on 13 December 2018.

9. Application no 6699/19 lodged on 21 January 2019 by Karen Mjöll BJÖRGVINSDÓTTIR. The applicant was convicted of assault by the District Court of Reykjanes on 21 March 2018. The conviction was upheld by the Court of Appeal on 23 November 2018. The applicant did not request leave to appeal to the Supreme Court.

10. Application no 6713/19 lodged on 21 January 2019 by Fjölnir GUÐSTEINSSON. The applicant was convicted of sexual assault by the District Court of South Iceland on 30 October 2017. The conviction was upheld by the Court of Appeal on 5 October 2018 and the Supreme Court refused the applicant leave to appeal on 20 December 2018.

11. Application no 14307/19 lodged on 5 March 2019 by Pétur Axel PÉTURSSON. The applicant was, among other things, convicted of drug offences by the District Court of Reykjavík on 7 April 2017. 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 29 January 2019.

12. Application no 16152/19 lodged on 13 March 2019 by Hlynur EYJÓLFSSON. The applicant was convicted of sexual harassment by the District Court of South Iceland on 3 November 2017 but of sexual assault by the Court of Appeal on 8 June 2018. The Supreme Court refused the applicant leave to appeal on 19 September 2018.

13. Application no 17300/19 lodged on 21 March 2019 by Viðar Már FRIĐFINNSSON. The applicant was convicted of serious tax offences by the District Court of Reykjavík on 26 May 2017. The conviction was upheld by the Court of Appeal on 21 September 2018 and the Supreme Court refused the applicant leave to appeal on 13 November 2018.

14. Application no 22796/19 lodged on 12 April 2019 by N.A. The applicant was convicted of assault by the District Court of Reykjavík on 27 March 2017 but of assault and threats by the Court of Appeal on 12 October 2018. The applicant did not request leave to appeal to the Supreme Court. The applicant was granted anonymity by this Court on 1 December 2020.

COMMON QUESTION

Did the proceedings before the Court of Appeal violate the applicants ’ 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)?

APPENDIX

No.

Application no.

Lodged on

Applicant name

Year of birth

Represented by

48281/18

04/10/2018

Friðjón Björgvin GUNNARSSON

1976Vilhjálmur H. VILHJÁLMSSON

48294/18

04/10/2018

Guðmundur Thor GUÐMUNDSSON

1967Vilhjálmur H. VILHJÁLMSSON

48300/18

04/10/2018

Sigurður Jóhann ÁRNASON

1982Vilhjálmur H. VILHJÁLMSSON

48798/18

04/10/2018

Stefán Már GUÐFINNUSON

1989Vilhjálmur H. VILHJÁLMSSON

49238/18

04/10/2018

Þór ELÍASSON BACHMANN

1983Vilhjálmur H. VILHJÁLMSSON

6678/19

21/01/2019

Eldin SKOKO

1987Vilhjálmur H. VILHJÁLMSSON

6681/19

21/01/2019

Ottó Örn ÞÓRÐARSON

1978Vilhjálmur H. VILHJÁLMSSON

6696/19

21/01/2019

Haukur Sigurbjörn MAGNÚSSON

1981Vilhjálmur H. VILHJÁLMSSON

6699/19

21/01/2019

Karen Mjöll BJÖRGVINSDÓTTIR

1993Vilhjálmur H. VILHJÁLMSSON

6713/19

21/01/2019

Fjölnir GUÐSTEINSSON

1992Vilhjálmur H. VILHJÁLMSSON

14307/19

05/03/2019

Pétur Axel PÉTURSSON

1980Vilhjálmur H. VILHJÁLMSSON

16152/19

13/03/2019

Hlynur EYJÓLFSSON

1989Jón Bjarni KRISTJÁNSSON

17300/19

21/03/2019

Viðar Már FRIĐFINNSSON

1963Ólafur Valur GUÐJÓNSSON

22796/19

12/04/2019

N.A.

1980Jóhannes Albert SÆVARSSON