Resolution CM/ResDH(2022)48
Execution of the judgment of the European Court of Human Rights
Guðmundur Andri Ástráðsson against Iceland
(Adopted by the Committee of Ministers on 9 March 2022
at the 1428th meeting of the Ministers' Deputies)
Application No.
Case
Judgment of
Final on
26374/18
GUÐMUNDUR ANDRI ÁSTRÁÐSSON
01/12/2020
Grand Chamber
The Committee of Ministers, under the terms of Article 46, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms, which provides that the Committee supervises the execution of final judgments of the European Court of Human Rights (hereinafter “the Convention” and “the Court”);
Having regard to the final judgment transmitted by the Court to the Committee in this case and to the violation established on account of the denial of the applicant’s right to a “tribunal established by law” due to irregularities in the appointment procedure of one the judges of the newly established Court of Appeal that upheld his criminal conviction in March 2018 (violation of Article 6, paragraph 1);
Recalling the respondent State’s obligation, under Article 46, paragraph 1, of the Convention, to abide by all final judgments in cases to which it has been a party and that this obligation entails, over and above the payment of any sums awarded by the Court, the adoption by the authorities of the respondent State, where required:
- of individual measures to put an end to violations established and erase their consequences so as to achieve as far as possible restitutio in integrum; and
- of general measures preventing similar violations;
Having invited the government of the respondent State to inform the Committee of the measures taken to comply with the above-mentioned obligation;
Having examined the action report and submissions provided by the government, indicating the measures adopted in order to give effect to the judgment including the information provided regarding the payment of the just satisfaction awarded by the Court (see documents DH-DD(2021)1360 and DH-DD(2022)103);
Having noted with satisfaction the rapid reaction of the government in response to the judgment and the measures taken, inter alia, to ensure that all judges in the Court of Appeal have been appointed in full compliance with the domestic legal framework and procedures in accordance with the requirements of the Convention; and to clarify the judicial appointment procedure to be followed in the future;
Having also noted with interest the possibility for parties in similar cases to request reopening before the newly established Court on Reopening of Judicial Proceedings;
Having satisfied itself that all the measures required by Article 46, paragraph 1, have been adopted,
DECLARES that it has exercised its functions under Article 46, paragraph 2, of the Convention in this case and
DECIDES to close the examination thereof.