The Committee of Ministers, under the terms of Article 54 (art. 54)
of the Convention for the Protection of Human Rights and Fundamental
Freedoms (hereinafter referred to as "the Convention"),
Having regard to the judgment of the European Court of Human Rights in
the Jón Kristinsson case, delivered on 1 March 1990 and transmitted
the same day to the Committee of Ministers;
Recalling that the case originated in an application against Iceland
lodged with the European Commission of Human Rights on 10 April 1986
under Article 25 (art. 25) of the Convention by Mr Jón Kristinsson, an
Icelandic national, who complained that he had not been tried by an
impartial tribunal;
Recalling that the Commission declared the application admissible on
13 October 1987 and in its report adopted on 8 March 1989 expressed
unanimously the opinion that there had been a violation of
Article 6, paragraph 1 (art. 6-1), of the Convention;
Recalling that the case was brought before the Court by the
Commission on 12 April 1989;
Whereas in its judgment of 1 March 1990 the Court, having taken
formal note of a friendly settlement reached by the Government of
Iceland and the applicant and having found that there were no reasons
of public policy justifying the continuation of the proceedings,
decided unanimously to strike the case out of its list;
Whereas under the above-mentioned friendly settlement it was agreed:
1. that the Icelandic State Treasury reimburse Mr Jón Kristinsson
for his fine and the costs of the case he has paid (26 650 Icelandic
krona) with interest as from 12 May 1986 (53 353 krona), or a total of
80 003 krona;
2. that the Icelandic State Treasury pay Mr Jón Kristinsson the
costs incurred by him for legal assistance on account of his
application to the European Commission of Human Rights, totalling
461 130 krona when the financial assistance received by
Mr Kristinsson from the European Commission of Human Rights has been
taken into account;
3. that Mr. Jón Kristinsson undertake, following the payment of
the above amounts and without receiving damages or any further
payments from the Icelandic State Treasury, not to prosecute the case
now before the European Court of Human Rights any further, and not to
take any other legal action against the Government of Iceland before
Icelandic or international courts on account of the facts described
above;
4. that Mr Jón Kristinsson accept that the Icelandic State
Treasury pay the above payments immediately, provided the European
Court of Human Rights agrees to strike the case referred to it by the
European Commission of Human Rights against the Government of Iceland
out of its list in accordance with Rule 49, paragraph 2, of the Rules
of Court;
5. that the Icelandic Minister of Justice will request the Public
Prosecutor of Iceland to have a note entered into the State Criminal
Register relating to Mr Jón Kristinsson, stating that the Government
of Iceland has today, on account of the stand taken by the European
Commission of Human Rights with regard to his application, concluded a
settlement with him providing for refund of the amounts he was ordered
to pay to the Icelandic State Treasury by the judgment of the Supreme
Court of Iceland of 25 November 1985;
6. that the obligations here undertaken by the Government of
Iceland, on the one hand, and Mr Jón Kristinsson, on the other, be
automatically cancelled in case the European Court of Human Rights
withholds its approval as referred to under point 4 above;
Recalling that Rule 49, paragraph 3, of the Rules of Court provides
that the striking out of a case shall be effected by means of a
judgment which the President shall forward to the Committee of
Ministers in order to allow it to supervise, in accordance with
Article 54 (art. 54) of the Convention, the execution of any undertaking
which may have been attached to the discontinuance or solution of the
matter;
Having invited the Government of Iceland to inform it of the measures
taken for the execution of the undertakings attached to the solution
of the case;
Having satisfied itself that the Government of Iceland has paid to
the applicant the sums provided for in the friendly settlement,
Declares that it has exercised its functions under Article 54
(art. 54) of the Convention in this case.
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