Hells Angels in Iceland : a human rights evaluation of the intended ban

• Main Author: Bjarni Halldór Sigursteinsson
• Other Authors: Háskólinn á Akureyri
• Format: Thesis
• Language: English
• Published: 2011
• Subjects: Lögfræði; Vítisenglar; Mannréttindi; Hell´s Angels; Republic of Iceland; Iceland
• Online Access: http://hdl.handle.net/1946/9033

Verkefnið er lokað Since the relationship of bikers club in Iceland with Hells Angels MC came into public debate there have been talks on the need for the authorities to take measures to prevent the Hells Angels MC establishing themselves in Iceland. In the last couple of years, high ranking state officials have stated that authorities should ban the Hells Angels MC in Iceland. This thesis addresses the compatibility of banning the association of the Hells Angels MC to the most relevant domestic and international law protecting the right to freedom of association in Iceland. Researches are made into the interpretation of those rights, considering interpretations of the European Court of Human Rights, the UN Human Rights Committee and the Supreme Court of Iceland. The thesis describes permissible limitations to the right to freedom of association in general within Icelandic jurisdiction and compatibility of a ban on Hells Angels MC is evaluated based on those conclusions. Addressing specifically the main points of concern for drafting a legislation banning Hells Angels in Iceland in a way that would be best compatible with human rights. Short account is given of the Hells Angels MC nature and activity. The thesis purports to show that authorities can ban the Hells Angels MC in a way that would sustain review of domestic and international courts and human rights committees. Authorities would have to give relevant and sufficient justifications, showing the ban to be “necessary in a democratic society”, “proportionate to the legitimate aims pursued” and that measures are taken because of “pressing social need”. The ban would have to be based on the Constitution of the Republic of Iceland or a specific legislation would have to be enacted to introduce the ban. Such a specific legislation would have to be skillfully crafted taking into account in particular the case law of the European Court of Human Rights. Síðan tengsl mótorhjólaklúbbs á Íslandi við Vítisengla komst í opinbera umfjöllun hefur verið talað um að ...