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JONSSON v. ICELAND

Doc ref: 68273/14 • ECHR ID: 001-161754

Document date: March 2, 2016

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JONSSON v. ICELAND

Doc ref: 68273/14 • ECHR ID: 001-161754

Document date: March 2, 2016

Cited paragraphs only

,

Communicated on 2 March 2016

FIRST SECTION

Application no 68273/14 Gestur JONSSON against Iceland lodged on 16 October 2014

SUBJECT MATTER OF the CASE

The application concerns the alleged violation of the applicant ’ s right to a fair trial, the right not to be punished without law and the right of appeal in criminal matters due to the imposition of a fine for contempt of court ( réttarfarssekt ).

QUESTIONS

1. Did the Supreme Court ’ s judgment of 28 May 2014, confirming the District Court ’ s judgment of 12 December 2013, imposing a fine of 1,000,000 Icelandic krona on the applicant for contempt of court, violate the applicant ’ s right to a fair trial under Article 6 § 1 of the Convention? In particular, was the applicant tried and convicted by the District Court in absentia ? If so, was the Supreme Court capable of remedying on appeal the defects of the District Court ’ s proceedings?

2. Has the applicant exhausted domestic remedies with respect to his complaint under Article 7 of the Convention? If so, did the Supreme Court ’ s judgment, confirming the District Court ’ s judgment of 12 December 2013, imposing a fine of 1,000,000 Icelandic krona on the applicant for contempt of court, violate the applicant ’ s right not to be punished without law under Article 7?

3. Has the applicant exhausted domestic remedies with respect to his complaint under Article 2 of Protocol 7 to the Convention? If so, assuming that the applicant was tried and convicted by the District Court in absentia , did the Supreme Court, by confirming the District Court ’ s judgment and thus not referring the case back to the District Court for a retrial, violate the right of the applicant to appeal in criminal matters under Article 2 of Protocol 7 to the Convention?

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