Published on 10 May 2021
THIRD SECTION
Applications nos. 60288/19 and 60307/19
Jón Ásgeir JÓHANNESSON against Iceland
and Tryggvi JÓNSSON against Iceland
lodged on 17 November 2019
communicated on 19 April 2021
SUBJECT MATTER OF THE CASE
The applications concern the applicants’ request for the reopening of criminal tax proceedings against them, following the Court’s judgment in the case of Jón Ásgeir Jóhannesson and Others v. Iceland, no. 22007/11, 18 May 2017, wherein it found a violation of the applicants’ rights under Article 4 of Protocol No. 7 to the Convention.
The applicants applied for the reopening of their criminal case to the Committee on the Reopening of Judicial Proceedings. By a decision of 12 April 2018, the Committee approved their request. Pursuant to the legislation applicable at the time of events, the Director of Public Prosecutions issued summons to the applicants and the case was heard by the Supreme Court on 8 May 2019. Prior to the hearing, the Supreme Court instructed the parties to address in their oral pleadings whether the conditions for reopening were fulfilled.
By a judgment of 21 May 2019, the Supreme Court overruled the Reopening Committee and refused to reopen the case against the applicants. Its judgment found that domestic law did not grant an explicit right for reopening of judicial proceedings following the finding of a violation by a judgment of the European Court of Human Rights, and furthermore that the details of the applicants’ case did not fulfil the general reopening criteria laid down in Section 228(1) of the Criminal Procedures Act No. 88/2008.
The applicants complain that the Supreme Court’s judgment violated their rights under Article 4 of Protocol No. 7 to the Convention. They also complain under Article 6 of the Convention that the refusal to reopen their cases violated their right to a fair trial.
QUESTIONS TO THE PARTIES
1. Does the Court have jurisdiction to consider the applicants’ complaint? In particular, did the proceedings which led to the 21 May 2019 judgment of the Supreme Court raise a new issue within the jurisdiction of the Court (see Moreira Ferreira v. Portugal (no. 2) [GC], no. 19867/12, §§ 47-75, 11 July 2017, and the sources cited therein)?
2. If yes, did the Supreme Court’s judgment of 21 May 2019 violate the applicants’ right to a fair trial under Article 6 § 1 of the Convention (see, inter alia, Moreira Ferreira, cited above, §§ 83-85, and the sources cited therein)?
3. Did the applicants suffer a violation of Article 4 of Protocol No. 7 to the Convention (see, inter alia, A and B v. Norway [GC], nos. 24130/11 and 29758/11, §§ 131-134, 15 November 2016, and Tsonyo Tsonev v. Bulgaria (no. 2), no. 2376/03, §§ 53-55, 14 January 2010)?
APPENDIX
Application no 60288/19
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
Jón Asgeir JÓHANNESSON
1968
Icelandic
London
Application no 60307/19
No.
Applicant’s Name
Year of birth/registration
Nationality
Place of residence
1.
Tryggvi JÓNSSON
1955
Icelandic
Reykjavik
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