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Commdh(2005)10 Original Version OFFICE OF THE COMMISSIONER FOR HUMAN RIGHTS _______________ BUREAU DU COMMISSAIRE AUX DROITS DE L´HOMME Strasbourg, 14 December 2005 CommDH(2005)10 Original version REPORT BY Mr. ALVARO GIL-ROBLES, COMMISSIONER FOR HUMAN RIGHTS, ON HIS VISIT TO THE REPUBLIC OF ICELAND 4 - 6 JULY 2005 for the attention of the Committee of Ministers and the Parliamentary Assembly CommDH(2005)10 2 CONTENTS INTRODUCTION.......................................................................................................................3 GENERAL OBSERVATIONS ..................................................................................................4 1. JUDICIARY ....................................................................................................................5 2. PRISON SYSTEM ..........................................................................................................7 3. PRE-TRIAL DETENTION............................................................................................8 4. HUMAN RIGHTS STRUCTURES.............................................................................10 5. TREATMENT OF ASYLUM SEEKERS..........................................................................12 6. INTEGRATION OF FOREIGNERS.................................................................................14 7. GENDER EQUALITY AND VIOLENCE AGAINST WOMEN ....................................16 8. NON-DISCRIMINATION..................................................................................................18 9. TRAFFICKING IN HUMAN BEINGS .............................................................................19 10. DATA PROTECTION........................................................................................................20 FINAL OBSERVATIONS AND RECOMMENDATIONS ..................................................22 APPENDIX I : COMMENTS OF THE MINISTRY OF JUSTICE IN ICELAND ......................................25 APPENDIX II : COMMENTS OF THE MINISTRY OF SOCIAL AFFAIRS IN ICELAND .....................28 3 CommDH(2005)10 INTRODUCTION In accordance with Article 3 e) of Committee of Ministers Resolution (99) 50 on the Council of Europe Commissioner for Human Rights, I visited the Republic of Iceland on 4-6 July 2005 for the purpose of preparing this report on the effective respect for human rights in the country. I was accompanied on my visit by Mr Lauri Sivonen and Mr John Dalhuisen, members of my Office. I would like first of all to thank the Minister for Foreign Affairs and the Minister of Justice and Ecclesiastical Affairs as well as their Ministries for all the resources and help, including interpretation, they provided to ensure the success of my visit. I should also like to thank Ambassador Hörður H. Bjarnason, the Permanent Representative of Iceland to the Council of Europe, for invaluable help in connection with the visit. Lastly, I express my warm gratitude to the Icelandic authorities and civil society representatives I met during the visit for their frankness and exemplary co-operation. During the visit, I held discussions with Mr. Davíð Oddsson, Minister for Foreign Affairs, Mr. Björn Bjarnason, Minister of Justice and Ecclesiastical Affairs, Mr. Jón Kristjánsson, Minister of Health and Social Security, and Mr. Árni Magnússon, Minister of Social Affairs. I also met the Parliamentary Ombudsman, Director of the Directorate of Immigration, Deputy National Commissioner of the Icelandic Police, Chief of Reykjavík Police, Director of the Centre for Gender Equality, Chairman of the Complaints Committee on Equal Status, Director for Public Prosecutions, Data Protection Commissioner, members of the Icelandic Delegation to the Parliamentary Assembly of the Council of Europe, a Supreme Court Judge, Director General of the Prison and Probation Administration, Ombudsman for Children, representatives of the National Church, Free Church and the Catholic Church, representatives of the Icelandic Human Rights Centre and the Human Rights Institute at the University of Iceland as well as representatives of trade unions and non-governmental organisations working in the field of human rights. Furthermore, I visited the Reception Centre for Asylum-seekers in Njarðvík, the Police Station at Keflavik Airport, the Police Headquarters and its detention facility in Reykjavík, the Centre for Victims of Sexual Violence at the Emergency Department of the National University Hospital, and the Litla-Hraun Closed Prison. A member of my Office also visited the Icelandic Women’s shelter. I extend my warm gratitude to the personnel of these institutions and facilities for having readily opened their doors to us. CommDH(2005)10 4 GENERAL OBSERVATIONS 1. Iceland was one of the first ten states to ratify the Convention for the Protection of Human Rights and Fundamental Freedoms (the European Convention on Human Rights; hereafter “ECHR”) and therefore among the very first countries where the Convention entered into force on 3 September 1953. It is also a State party to the European Social Charter and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment as well as major UN conventions.1 Iceland belongs to the European Economic Area (EEA) and the Schengen Agreement, and is member of the Nordic Council and the Organization for Security and Co-operation in Europe (OSCE). 2. The European Convention on Human Rights was incorporated in Icelandic law in 1994 and, in 1995, the Icelandic Constitution was revised with a series of new human rights provisions inspired by the ECHR. This has clearly enhanced the ability of Icelandic courts to refer directly to fundamental principles of human rights. The Supreme Court of Iceland has assumed the status of an ultimate authority for interpreting Icelandic legislation from the perspective of fundamental rights and the Constitution. 3. Iceland often identifies herself within the Nordic tradition of human rights protection. The ombudsperson’s institution is well established in Iceland, and during my visit the Icelandic authorities made frequent references to Nordic practice in legal matters. As a member of the EEA and the Schengen Agreement, Iceland closely follows EU developments in the field of human rights. It is in this spirit that I, too, will occasionally refer to Nordic and EU practices in my recommendations. Iceland has also taken significant steps in the development of new human rights control mechanisms, for example in the fields of gender equality and data protection, and I trust that the authorities will further strengthen such mechanisms while making exemplary use of their findings. 4. This report focuses on certain issues regarding human rights, identified during my visit, where further progress is still desirable such as some aspects of the judiciary, prison system, pre-trial detention, human rights structures, treatment of asylum-seekers, integration of foreigners, gender equality and violence against women, non-discrimination, measures against trafficking in human beings, and data protection. During my visit, I gained the impression that the Icelandic authorities had a very forthcoming attitude to discussing the situation with regard to all these issues and would endeavour to identify the means of improving the situation in these fields. 1 International Covenant on Civil and Political Rights, International Covenant on Economic, Social and Cultural Rights, Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, International Convention on the Elimination of All Forms of Racial Discrimination, Convention on Elimination of Discrimination against Women, Convention on the Rights of the Child, and Geneva Convention relating to the Status of Refugees. 5 CommDH(2005)10 1. JUDICIARY 5. Iceland has a two-tier judiciary composed of eight district courts and the Supreme Court, the only appeals court in the country. The Labour Court and the Court of Impeachment are the only courts of specialised jurisdiction; there is no special administrative court. The Act on the Judiciary dates from 1998 (No. 15/1998). A Judicial Council of five members – four elected by District Court Judges and one by the Minister of Justice – supervises the district courts. 6. Justice appears to be dispensed with a high degree of efficiency in Iceland. There is no significant backlog of cases waiting to be judged and the pragmatic two-tier judicial system has contributed to reasonable processing times.2 Nor do the few cases received at the European Court of Human Rights attest to any structural anomalies. I did hear, however, a measure of criticism that means-tested legal aid was rather limited which may discourage appeals in certain cases, for example those related to custody over children. 7. The Supreme Court of Iceland has a pivotal role in the judicial system. Due to the absence of administrative and constitutional courts and the fact of its being the only appellate jurisdiction in the country, all cases of major significance usually fall under its competence. After the incorporation of the ECHR in Icelandic law in 1994 (Act No 62/1994) and the revision of the Constitution with a series of new human rights provisions inspired by the European Convention in 1995 (Constitutional Act No. 97/1995), the Supreme Court has enhanced its status as the ultimate authority for interpreting Icelandic legislation from the perspective of fundamental rights. 8. During my visit, I was informed of a debate regarding recent appointments and the appointments
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