Court proceedings closed to protect victims and witnesses in Iceland

Court proceedings in criminal cases can be closed for several reasons, primarily to protect victims. According to the law governing criminal procedures, hearings may be fully or partially closed, usually to safeguard the interests of those involved.

Dagmar Ösp Vésteinsdóttir, an acting prosecutor, explained that partial closures often occur to protect specific witnesses, such as psychiatrists who have conducted evaluations on the accused. This closure aims to maintain confidentiality in sensitive situations that the public may not necessarily need to observe.

The most common cause for closed proceedings relates to the law, which states that sessions should be closed to protect the accused, the victim, their families, witnesses, or others involved. However, Dagmar emphasized that closures rarely serve to shield the accused; instead, they predominantly protect the victim.

Anonymity for the accused is frequently employed in these cases to prevent the identification of victims, especially when family ties exist between those involved in the case.

Notably, there have been instances where victims have requested open trials, such as a recent sexual assault case where the victim specifically sought to keep the proceedings public. Initially, all hearings were closed, but the victim’s request led to a change, allowing for open access.

Dagmar highlighted the general presumption in favor of transparency in judicial decisions, with judges typically consulting parties present in the courtroom before closing proceedings. The aim is to balance the need for public information with the protection of personal data.