Spano criticizes Iceland’s Justice Minister’s ruling on Helgi Magnus Gunnarsson case

Robert Spano, former President of the European Court of Human Rights, has criticized the recent decision made by Iceland’s Minister of Justice, Guðrún Hafsteinsdóttir, regarding the case of Deputy Prosecutor Helgi Magnus Gunnarsson. Spano argues that the minister’s conclusion lacks legal justification.

In a recent opinion piece, Spano asserts that the recommendation from State Prosecutor Sigríður Friðjónsdóttir to temporarily relieve Helgi Magnus from his duties due to comments he made about migrants from the Middle East is unfounded. Helgi Magnus had suggested that individuals were being imported on a large scale with a culture distinct from that which is customary in Iceland. These comments came after he and his family faced threats from a convicted asylum seeker, Mohamad Kourani.

In her ruling, the Minister of Justice stated that Helgi Magnus had additional latitude for expression given the personal circumstances he faced, including threats of violence. However, Spano disagrees vehemently with this interpretation, stating that such reasoning cannot legally support the dismissal request from the State Prosecutor.

Spano emphasizes that the focus should not be on Helgi Magnus as an individual but rather on the independence and impartiality of the prosecutorial authority in Iceland. He argues that prosecutors wield significant power in the legal system and must adhere to strict standards of impartiality, akin to those expected of judges.

Spano concludes by calling the Minister’s decision a setback for the credibility of the prosecutorial system, which ultimately impacts public trust. He insists that officials in positions of power regularly face threats, asserting that such conditions should not justify the public expression of a prosecutor being labeled as inappropriate.