VII
Article 67
[No one may be deprived of his liberty except as authorized by law.
Anyone who has been deprived of liberty has the right to be informed immediately of the reasons for this.
Anyone arrested on suspicion of criminal conduct shall be brought before a judge without delay. If he is not released immediately, the judge shall, before the end of the day, decide with a reasoned ruling whether he shall be remanded in custody. Detention may only be applied for a charge that carries a heavier penalty than a fine or detention. The right of the person remanded in custody to appeal a ruling to a higher court shall be guaranteed by law. A person shall never be remanded in custody for longer than necessary, but if a judge deems it possible to release him on bail, the court shall decide who it should be.
Anyone who is deprived of his liberty for other reasons has the right to a court to rule on its legitimacy as soon as possible. If deprivation of liberty proves to be illegal, he shall be released immediately.
If a person has been unjustly deprived of his liberty, he shall be entitled to compensation.]
VII
Article 70
Everyone has the right to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. A court hearing shall be held in public, unless the judge decides otherwise by law in order to protect decency, public order, state security or the interests of the parties.
Anyone charged with a criminal offense shall be presumed innocent until proved guilty according to law.
Part 1. General rules on criminal procedure
Section II. Court sessions, court records, etc.
Article 10
Sessions of the court shall be open. The judge may nevertheless decide, on his or her own initiative or at the demand of the prosecutor, the accused or the injured party, that a session is to be held in camera, in part or in its entirety, if it is held outside the regular court premises, or if the accused is under the age of 18 or if the judge considers this is necessary for other reasons:
a. to protect the accused, the injured party, relatives of these persons, witnesses or other persons on whom the case touches;
b. in view of the need of the accused, the injured party, a witness or another person on whom the case touches to keep secret matters involving business interests or similar circumstances;
c. in view of the public interest or the security of the state;
d. for reasons of propriety;
e. to maintain peace for the court to do its work,
f. while the investigation of a case is in progress and there is considered to be a danger of damage to the procedure if the court were to be held in open session;
g. while a witness is questioned without having to state his or her name where this would be heard by those present (cf. the eighth paragraph of Article 122).
Part 1. General rules on criminal procedure.
Section II. Court sessions, court records, etc.
Article 12
The language of the court shall be Icelandic.
If a person is questioned in court who does not have sufficient command of Icelandic, the prosecution shall have an authorised court interpreter called in. If no authorised court interpreter is available, then the judge shall consent to having another person act as interpreter; that person shall then sign a pledge in the court records stating that he or she will perform the task to the best of his or her ability, and shall be obliged to confirm the accuracy of his or her interpretation or translation before the court if it is called in question.
Documents in foreign languages shall normally be accompanied by Icelandic translations to the extent that they serve as the basis for action in the case unless the judge considers himself or herself able to translate them. Translations shall normally be made by an authorised translator. If no authorised translator is available, a translation by another competent person may be submitted; that person shall be obliged to confirm the accuracy of his or her translation before the court if it is called in question.
[Where persons who are questioned in court rely on sign language as a means of communication, the prosecution shall have a sign-language
Part 2. Investigations.
Section VIII. Questioning as part of the investigation.
Article 61
If the accused has not been arrested, the police shall summons him or her to attend a questioning session, and he or she shall be obliged to comply with that summons. If a statement is to be taken from an accused person under the age of 18 in connection with an alleged violation of the General Penal Code or other acts of law which may entail punishment heavier than two years’ imprisonment, the child protection committee shall be informed of this and may send a representative to be present at the questioning.
If the police consider there is a need to question witnesses, including the injured party, more extensively than is provided for in Article 60, they shall summons the witness to attend a questioning session. The witness may choose not to comply with this summons.
If the defence counsel and the legal rights protector are entitled to be present at a questioning session under this Article, they shall also be invited to attend it.
Part 2. Investigations.
Section XV. Procedure in investigations before a court.
Article 102
In accordance with the provisions of this section, a demand may be submitted to a district court for a measure to be taken during the investigation phase for which the agency of a judge is required under other provisions of this Act, including a demand to have the accused, the injured party or other witnesses questioned before a court under Article 59.
In addition to what is stated in the first paragraph, disputes concerning the lawfulness of investigative measures taken by the police or the prosecutor may be referred to a district court. Also, disputes as to the rights of the accused, and of his or her defence counsel or lawyer, may be referred to a district court, including requests by them to employ specific investigative measures, and also concerning the rights of the injured party and his or her legal rights protector or lawyer.
Part 3. Proof and evidence.
Section XVIII. Witnesses.
Article 120
The prosecutor shall see to summonsing witnesses to a session of the court. Nevertheless, the defence counsel may summons a witness to attend a session of court if he or she chooses to do so . Witnesses under the age of 18 shall be summonsed through their legal guardians.
If there is reason to do so, the judge shall summons witnesses to attend court by means of a written summons issued at his or her initiative or at the request of either of the parties. The summons shall state the witness’s name and address, the reason, in its essentials, why the witness is being summonsed, the name of the court, where and when questioning is to take place and what consequences it may have if the witness fails to attend or to discharge his or her duty in other respects. The prosecutor shall see to it that the summons is served; this shall be done in the same way as the serving of an indictment under Article 156.
If a witness is present at a session of the court, he or she shall be obliged to give testimony even though he or she was not summonsed for that purpose.
''Article 5 Defendant's defense counsel''
A person suspected of or accused of conduct falling within the jurisdiction of the court shall
be entitled to the assistance of a defense counsel of his choice for the handling of the case in
this country. He shall be notified of this right. Defendant's fee is paid from the state treasury and shall be determined in accordance with the Act on [Criminal Procedure].
''Article 6 Lawyer for victims of crime''
A victim in a case falling within the jurisdiction of the court may request the appointment
of a legal guardian if there is reason to believe that he has suffered significant bodily or
health damage as a result of the accused's conduct and it is considered necessary that he be
assisted by a legal guardian.
Provisions [V. Chapter of the Code of Criminal Procedure] 1) shall apply as appropriate.
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.