New policy on judicial affairs

A Socialist Party meeting, held on December 12, 2020, adopted the following policy for the Socialist Party in judicial affairs.

The Socialist Party of Iceland (Sósíalistaflokkur Íslands) 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, gender, gender identity, 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 will ensure that there is never 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 have to deal with the judicial system.

Criminal cases and judicial cases 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 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 easily understandable language. 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; instead, the victim shall be invited to an interview where the utmost sensitivity is observed.

Psychological assessment of victims should be given more weight, and the sentencing framework should be much more consistent between the severity and nature of offenses 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 phone or computer technology while a sentence is being served. Furthermore, identity number hopping 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 non-pecuniary and pecuniary damages and payments due to wage theft, and collect these payments from appropriate sources so that the public does not suffer economic damage while cases are being processed.

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 education and work for the benefit of society can be pursued. 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 serving sentences should also be available for less serious offenses, such as community service, home imprisonment, and the option of specific treatment instead of deprivation of liberty. It is not always best to lock people up, especially if a long time has passed since the offense.

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

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

Consideration shall be given to the differing circumstances of defendants, taking into account 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 methods 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 one party to select judges contrary to the recommendations of an advisory committee or international courts. Co-judges who are experts, educated, or experienced in the relevant field shall be appointed.

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

Courts must be able to provide reasons for their judgments and/or dismissals, and both parties involved, the plaintiff and the defendant, must have the right to appeal in all cases, whether the appeal amount or minimum sentence 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 of resources.

The state's policy on immigration shall be fundamentally reviewed, and it shall be characterized by humanity. In Iceland, the Dublin Regulation shall no longer be referred to 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 without their cases being processed for years. 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 a long time 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 with state power and equality between religious communities, life stance organizations, and those who choose to stand outside such organizations. Therefore, there needs to be a complete separation of state and church by law, both in form, substance, and finance, and comprehensive legislation on all religious and life stance organizations. Neutral religious education in schools also increases social cohesion.

Civil rights shall always be observed and implemented in line with social development. Thus, the system needs to account for more complex family patterns and gender, sexual orientation, gender identity, religion, disability, and/or origin of parents. Laws shall always prioritize the interests of children, which shall be placed in the context of the welfare of parents and guardians. Furthermore, children shall be given the option of having a double 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 convictions of people who protested peacefully but did not obey the police to move, despite harming no one. This article of law is an example of an unjust law that needs to be changed because it is inherently undemocratic and violates people's civil rights.

The government shall fulfill its normal duty to provide information but also unconditionally inform people of their rights 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 it.

The policy of the Socialist Party of Iceland in judicial affairs 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 cases, 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 always be prioritized and placed in the context of the welfare of parents....that victims of all violence cases be assigned a rights advocate/spokesperson free of charge if they request it, and that the development of cases and information provision always be in 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 by it....that the sentencing framework be more consistent between the severity and nature of offenses, such as in sexual and child protection cases, as opposed to cases involving less harm to individuals and the public....that identity number hopping and tax havens be made illegal....that the state be responsible for payments of non-pecuniary and pecuniary damages and payments due to wage theft....that criminal law be thoroughly reviewed with the aim of promoting a rehabilitation policy and efficiency for society instead of a punitive policy....to review the framework and working methods for the appointment of judges....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 access to the judicial system be increased on democratic grounds....that the process of judicial cases within the judicial system be examined, the right to appeal always guaranteed, and that all precedent-setting cases can reach the European Court of Human Rights....that asylum seekers, refugees, and people seeking international protection here receive swift, substantive, and humane case processing so that they can seek their rights and obtain a stay of legal effects while cases are being processed....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 social rights sooner....to separate state and church....that judicial cases take into account different family forms and recognize them regardless of gender, gender identity, sexual orientation, disability, religion, or origin....that double 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 regarding the rights and duties of the public.