Reykjavík Grapevine - 14.07.2017, Síða 18

Words: Paul Fontaine
Photo: Prison
Many non-Americans (and a lot of
Americans, too) are flummoxed by
the US policy whereby convicted
felons in some states lose the right
to vote, sometimes in perpetuity.
To many, it is entirely unfair to
disenfranchise someone who has
paid their debt to society. In Ice-
land, everyone can vote, no matter
what kind of crime they commit-
ted. In fact, Iceland takes things
a step further with a little thing
called “uppreist æru.” Roughly
translated as “restored honour,”
it’s a controversial legal procedure
whereby, no matter how badly you
screwed up or what kind of crime
you committed, you can have your
reputation wiped clean, in a le-
gal sense, allowing you access not
just to basic rights but extensive
privileges.
How does it work?
If, for example, you want to run for
office or be a lawyer, these profes-
sions require by law that you have
a spotless reputation. But how can
you have a spotless reputation if
you’ve already spotted it yourself?
Don’t worry; the legal procedure of
restored honour can help pave the
way. But it’s not simple.
First of all, two to five years
needs to have passed since you
finished serving your prison sen-
tence. Article 85 of the General
Penal Code also specifies that you
need to provide “solid evidence”
that you’ve been on your best be-
havior since then. This typically
means witness testimony in the
form of letters of recommenda-
tion from people who can vouch
for your good character.
If these conditions are met,
the matter is then submitted to
the Ministry of the Interior for
review. While technically it’s the
President of Iceland who grants
restored honour, all that is actu-
ally required of them is their sig-
nature; it’s the ministry that han-
dles the case and decides whether
or not to refer it to the President.
What kind of people
get it?
Iceland is not a very punitive soci-
ety. The maximum sentence any-
one will ever serve for anything
is eighteen years in prison, and
in most circumstances, they’ll be
up for parole after serving half or
even a third of their sentence, if
they’ve been on the best behav-
iour. Even then, maximum sen-
tences are rare, and a stint in pris-
on isn’t going to prevent you from
going back to leading a productive
life again upon release.
However, for those who want
to pursue a career that legally re-
quires a spotless record, restored
honour is the way to go for them.
One of the more famous cases
in recent history
is that of Atli Hel-
gason, a law yer
w h o w a s s e n -
tenced to sixteen
yea rs for ma n-
slaughter in 2001.
H e s e r v e d t e n
years of that sen-
tence, and in 2016
he was g ranted
restored honour,
because he want-
ed to be able to
return to court in
a professional ca-
pacity once again.
Another instance where re-
stored honour was applied was in
the case of Árni Johnsen, who was
an MP for the Independence Par-
ty before doing time for theft. In
2006 he applied for restored hon-
our so he could run for Parliament
again. However, the President was
abroad at the time, and so the mat-
ter was instead handled by then-
Prime Minister Geir H. Haarde,
then-Parliamentary President
Sólveig Pétursdóttir and then-
Supreme Court President Gunn-
laug ur Claessen. W hat raised
eyebrows was the fact that Geir
and Sólveig were both members
of the same party Árni belonged
to. There was talk of special treat-
ment, but ultimately, Árni ran for
office, and won his seat.
Then, amazingly, things
got worse
Both of these cases brought with
them their share of controversy,
but neither of them even come
close to the case of Róbert Árni
Hreiðarsson, who now goes by
Robert Downey. In 2007, he was
sentenced to three years in prison
for having sexually abused at least
four teenage girls. He recently
sought to have his honour restored
so he could practice law again, and
this was granted.
This sparked a great deal of
anger from the general public in
general, not least of all when the
Ministry of the Interior declined
to disclose the names of those who
had vouched for his character. The
survivors of his abuse soon came
forward, expressing their shock
and sadness that Robert had his
honour restored.
The details of Robert’s crimes
were bad enough. What made mat-
ters much worse was Robert’s law-
yer, former Supreme Court judge
Jón Steinar Gunnlaugsson, who
went on the offensive by publicly
imploring Robert’s victims to for-
give him, advising
that they would
“feel much better”
if they did so. This
p r o m p t e d e v e n
m or e p u sh b a c k
against Robert.
One detail that
continues to re-
main in al l this
i s t h a t R o b e r t
has never admit-
ted to, let alone
apologised for, the
crimes for which
he was convicted.
T h e m a t t e r
reached a fever pitch when an-
other woman soon came forward,
also claiming abuse at Robert’s
hands prior to his sentencing. She
has pressed charges against him.
Where things will go from here
remains to be seen.
Why do we have this
thing anyway?
The concept of restored honour
rests upon those seeking it having
repaid their debt to society and
demonstrated that they are bet-
ter people today. As defenders of
restored honour will tell you, eve-
ryone deserves a chance to own up
to their mistakes and get a fresh
start in life.
However, Robert has been com-
pletely silent during this process,
and has done nothing to demon-
strate repentance. Indeed, his own
lawyer implies it is in fact Robert’s
survivors who are the real culprits
here, as they continue to speak out
against him. No matter how you
look at it, Robert’s case certainly
tests the limits of restored hon-
our.
One thing, however, is clear:
being a lawyer or a member of par-
liament isn’t a right; it’s a privi-
lege. Privileges are by definition
not granted, they are earned, and
they can be denied or lost by bad
behavior. While some felons in
the US have been stripped of the
fundamental democratic right to
even vote, once-powerful Icelandic
men are able to get their privileges
back through this curious, and un-
doubtedly controversial, law on
our books.
18 The Reykjavík Grapevine
Issue 12 — 2017
“Privileges are
by definition
not granted,
they are earned,
and they can be
denied or lost by
bad behavior.”
Robert Downey got his honor restored after being convicted of sexually abusing at least four teenage girls.
Uppreist Æra: Clearing The
Reputation You Ruined Yourself
Like resolving defamation, only for
when you actually did fuck up
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