New policy in judicial matters

The Socialist Party's general meeting, held on December 12, 2020, adopted the following policy statement for the Socialist Party on judicial matters.

The Socialist Party of Iceland wants the country's judicial system to be based on justice and fairness. Everyone shall have equal access to the judicial system at all court levels, regardless of financial and social status, origin, sex, gender, sexual orientation, disability, or religion. Legal aid shall be available to all who are not defined as high-income earners, and the criteria must be reviewed regularly. This way, there will never be any doubt that all citizens of society are equal before the courts. The state shall also provide assistance to low-income individuals, for example, in the form of legal costs, as well as trauma support and other psychological assistance if they need to deal with the judicial system.

Criminal cases and judicial matters need to be thoroughly reviewed, especially sexual offense cases and child protection cases. For example, a victim shall be a party to their own case and be allowed to attend all their trials if they so choose, and it should also be easy for victims to obtain information about their case, both at the investigation stage and at the court stage, and in language that is easy to understand. For this purpose, a rights advocate or spokesperson shall be appointed for victims of violence who so choose.

In sexual offense cases, special sensitivity shall be exercised in all respects, and if cases are dropped, people shall not be notified by letter, email, or phone call, but rather the victim shall be invited to an interview where the utmost sensitivity is observed.

Psychological assessment of victims should be given more weight, and sentencing guidelines should be much more consistent between the severity and nature of crimes based on the harm they cause. Furthermore, people shall be provided with trauma support when needed.

Enrichment and economic crimes need to be examined in a broader context and prevented from being maintained by perpetrators via telephone or computer technology while a sentence is being served. Furthermore, identity number hopping (kennitöluflakk) and wage theft shall be made illegal, as stated in the Socialist Party's policy on labor market issues, as well as tax havens, and efforts shall be made both domestically and internationally to eliminate them.

The state shall be responsible for normal payments of all kinds of damages and compensation, and payments due to wage theft, and collect these payments from appropriate parties so that the public does not suffer economic harm while cases are in progress.

Prisoner issues need to be thoroughly reviewed. A rehabilitation policy shall be adopted instead of a punitive policy, with the possibility of open prisons where studies can be pursued and work done for the benefit of society. Prisoners shall be enabled to undergo appropriate treatment and rehabilitation. Furthermore, there shall be systematic follow-up according to the needs of each individual, for as long as deemed necessary.

Those who receive a sentence should not have to wait long to serve it. More diverse forms of sentencing should also be available for less severe offenses, such as community service, home detention, or the option of specific treatment instead of deprivation of liberty. It is not necessarily always most effective to imprison people, especially if a long time has passed since the offense.

There need to be diverse resources and rehabilitation options to deal with perpetrators in cases of violence so that those who are subjected to it or threats of it can be protected. Thus, cases should be responded to quickly before they lead to criminal charges.

It is important that courts are staffed by a more diverse group of people and that judges have diverse backgrounds and different experiences, expertise, education, and understanding of various types of cases, and seek advice from experts.

Differences in the circumstances of defendants shall be taken into account, considering health, social, and financial conditions. It shall be ensured that people are not punished for external circumstances over which they have no control and could not have prevented. Thus, people who cause property damage below a certain amount shall not be convicted if, for example, they stole due to hunger or necessity. Furthermore, fines must be income-related so that they have a reasonable deterrent effect.

The framework and working procedures for the appointment of judges also need to be reviewed. There needs to be a more democratic approach to such appointments, and it should not be possible for a single individual to select judges contrary to the recommendations of an advisory committee or international judgments. Co-judges shall be appointed who are experts, educated, or experienced in the relevant field.

Processes within the court system need to be reviewed, and the possibility of appeal to the European Court of Human Rights needs to be clear. After the system was changed and the Court of Appeals took over appeals from District Courts, it is in most cases a final decision. It is only in exceptional cases that an appeal can be made to the Supreme Court, and then only if cases are of such a nature that no precedent exists. It is therefore the task of the Supreme Court to hear such cases so that a judgment becomes a precedent. However, the interpretation of laws is inherently the responsibility of the Supreme Court.

Courts must be able to provide reasoning for their judgments and/or dismissals, and both parties involved, the plaintiff and the defendant, must have the right to appeal in all cases, regardless of whether an appeal amount or minimum penalty is reached.

Furthermore, the state shall recognize international human rights judgments and respect the laws of other states and their right of control and ownership over resources.

The state's policy on immigration matters shall be fundamentally reviewed, and it shall be characterized by humanity. In Iceland, references to the Dublin Regulation shall cease in the processing of refugee cases. No one shall be illegal in the country. Cases need to be expedited so that people cannot remain in the country for years without their cases being processed. It is inhumane to make people wait long for their cases to be processed, as well as to deport children who have lived here for extended periods and may know nothing else.

Even if immigrants in Iceland do not have Icelandic citizenship, they should have the right to have a say in their governance much sooner, and therefore election laws concerning them shall be reviewed.

In Iceland, there is freedom of religion. Significant changes have occurred in attitudes towards religion and its role in modern society, not least the connection to state power and equality between religious organizations, life stance organizations, and those who choose to stand outside such organizations. Therefore, a full separation of state and church is needed by law, both in form, substance, and finances, and comprehensive legislation on all religious and life stance organizations should be enacted. Neutral religious education in schools also increases solidarity in society.

Civil rights shall always be protected and implemented in line with societal development. Thus, the system needs to account for more complex family patterns and gender, sexual orientation, and gender identity, religions, disabilities, and/or parental origin. Laws shall always prioritize the interests of children, which are to be placed in the context of the welfare of parents and guardians. Furthermore, children shall be given the option of having a dual legal domicile, as stated in the Socialist Party's policy on equality issues.

In light of civil rights, it is also important to amend Article 19 of the Police Act, which obliges the public to obey instructions given by the police, such as for traffic control or to maintain law and order in public places, but as it is currently presented, it gives the police absolute power that they should not have. Today, we see judgments passed against people who protested peacefully but did not obey the police to move, despite harming no one. This article of law is an example of unjust laws that need to be changed because they are inherently undemocratic and violate people's civil rights.

The government shall fulfill its normal duty to inform, but also unconditionally inform people of the rights they have if they believe their rights have been violated. If people believe they have not received justice due to economic or social status, they shall have access to a system that reviews and remedies their situation.

The policy of the Socialist Party of Iceland on judicial matters is ......that the judicial system be based on justice and fairness and that everyone has equal access to it at all court levels regardless of financial and social status....that legal aid be available to all below high-income thresholds....that criminal cases and judicial matters, especially sexual offense cases, be thoroughly reviewed so that the justice system becomes more victim-friendly in every possible way....that child protection cases be thoroughly reviewed and that the interests of children are always prioritized and placed in the context of parental welfare....that victims of all violence cases be assigned a rights advocate/spokesperson free of charge if they so wish, and that case development and information provision always follow a normal process....that people be offered trauma support if they suffer an accident, violent crime, or sudden loss, but do not lose their rights due to possible loss of work and illness caused thereby....that sentencing guidelines be more consistent between the severity and nature of crimes, such as in sexual offense and child protection cases, as opposed to cases involving less harm to individuals and the public....that identity number hopping (kennitöluflakk) and tax havens be made illegal....that the state be responsible for payments of damages and compensation and payments due to wage theft....that criminal laws undergo a thorough review with the aim of promoting a rehabilitation policy and efficiency for society instead of a punitive policy....that the framework and working procedures for the appointment of judges be reviewed....that fines be income-related so that they have a reasonable deterrent effect....that people cannot be prosecuted for offenses due to demonstrable necessity or for harm amounting to a certain sum....that public involvement in the judicial system be increased on democratic grounds....that the process of judicial cases within the court system be examined, the right to appeal always guaranteed, and furthermore, to ensure that all precedent-setting cases can reach the European Court of Human Rights....that asylum seekers, refugees, and people applying for international protection here receive swift, substantive, and humane case processing so that they can seek their rights and obtain a suspension of legal effects while cases are in progress....that no one can be defined as illegal as such in the country....that immigration policy be formulated from scratch and the rights of immigrants be reviewed, and that they receive voting rights and other societal rights sooner....that state and church be separated....that judicial matters take into account different family forms and recognize them regardless of sex, gender, sexual orientation, disability, religion, or origin....that dual legal domicile for children be possible, as stated in the Socialist Party's policy on equality issues....that Article 19 of the Police Act be amended to prevent the absolute power of the police with regard to civil rights and the right to protest peacefully. Furthermore, only "legitimate" police instructions can oblige people to obey....that the state be responsible for all information dissemination regarding the rights and duties of the public.