Amnesty International Report 2004 - Ireland

Covering events from January - December 2003

In September the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) published the report of its May 2002 visit and the government's response. The CPT found inhuman conditions for prisoners suffering from mental illness, and received reports of ill-treatment by prison and police officers. A new government inspector of prisons reported "appalling" sanitary facilities in some prisons. Mental health policy and service provision did not comply with international best practice and human rights standards. Legislation to incorporate the European Convention on Human Rights into domestic law was introduced. Human rights groups urged a review of its effectiveness in five years' time. Legislation to implement the Rome Statute of the International Criminal Court (ICC) was published, and AI recommended that national courts be empowered to investigate and prosecute individuals accused of crimes under the Rome Statute.

Prisons

During its 2002 visit the CPT found prisoners who needed psychiatric care and in-patient hospital treatment being held in unfurnished, padded cells, treatment it described as "anti-therapeutic", "inhuman and degrading". The delegation called for an end to the practice and for the prisoners to be transferred to appropriate institutions. In its response in August 2002, the government provided information about measures it had taken to remedy the situation.

The CPT heard reports of ill-treatment by prison officers, violence between prisoners and bullying. It reiterated its concerns about prison complaints procedures; procedural safeguards for prisoners involved in disciplinary proceedings; and the use of segregation for disciplinary reasons for periods of up to two months. The CPT found that the authorities had failed to guarantee prisoners adequate access to proper sanitary facilities.

The CPT welcomed the creation of a Prison and Places of Detention Inspectorate, and recommended that it be given the powers and resources to fulfil its functions effectively and independently.

New prison rules under preparation were expected to address some of the CPT's concerns. However, the government rejected the finding that segregation for disciplinary reasons was widespread, and refused to end its use.

In July the first report of the Inspector of Prisons and Places of Detention was published, following its submission to the government. He described sanitary facilities in a number of prisons as "appalling". Among his recommendations were that juvenile prisoners should be separated from adult prisoners wherever possible; that asylum-seekers should not be held in a prison while awaiting a decision on their application; and that prisoners should receive the same level of psychiatric care as that provided in the general community.

Policing

In its report, the CPT expressed concern about reports of ill-treatment by members of the Garda Síochána (police force), whose number and consistency, in addition to medical evidence in some cases, lent them credibility. The CPT found that the police complaints mechanism enjoyed little confidence, and recommended prioritizing the establishment of an independent and impartial police inspection and complaints mechanism. In June a proposal for an inspectorate to investigate complaints against Garda officers was published. The Irish Human Rights Commission expressed concern about some provisions of the draft legislation, for example the proposed transfer of staff to the new inspectorate from the existing Garda Síochána Complaints Board.

Criminal proceedings against six police officers under the Non Fatal Offences Against the Person Act 1997 were continuing at the end of the year. Summary charges against a seventh officer were dismissed in June. Proceedings arose in connection with allegations of excessive use of force during a "Reclaim the Streets" demonstration in Dublin in May 2002.

The internal inquiry established in May 2002 to probe allegations that the Garda had prior knowledge of the 1998 Omagh bombing in Northern Ireland continued at the end of 2003. In October allegations emerged that vital intelligence from a Garda officer that could have prevented the bombing was disregarded to protect an informant.

Judicial inquiries into alleged police misconduct were still hearing evidence at the end of 2003. They were the Tribunal of Inquiry (the Morris Tribunal) into complaints against members of the police Donegal Division, and the Tribunal of Inquiry (the Barr Tribunal) into the fatal shooting of John Carthy in April 2000.

Dublin/Monaghan bombings

In December the report of Justice Henry Barron on the 1974 Dublin and Monaghan bombings was published after its submission to the authorities. The judge found that the bombings had been carried out by Loyalist paramilitaries from Northern Ireland. Although unable to conclude that collusion had taken place, he did not rule out the possibility that members of the British security forces had aided them. He found defects in the Garda investigation and that numerous files were missing at the Department of Justice. He commented adversely on the indifference of the Irish authorities and the need for an effective investigation.

Special Criminal Court

In August, Michael McKevitt was sentenced to 20 years' imprisonment following his conviction at the Special Criminal Court in Dublin for "directing terrorism" in connection with his leadership role in the Real IRA, a dissident Republican group opposed to the Good Friday Agreement. At the end of the year, a number of people were awaiting trial before the Special Criminal Court in connection with charges under the Offences Against the State (Amendment) Act 1998. AI continued to be concerned about the operation of the Special Criminal Court and provisions in the Act that violated international human rights law and standards.

Mental health

In its September report, the CPT expressed concern about material conditions in the Central Mental Hospital, the only forensic psychiatric hospital in Ireland, and its limited provision of occupational therapy and rehabilitative activities. Other concerns included the absence of: a clear legal or administrative framework for involuntary admission; review procedures in relation to continued placement; and supervision of mental health institutions by an independent authority. The Mental Health Act 2001, which included provisions to address inadequate involuntary admission procedures, was not in force. The Inspector of Mental Health Services, due to begin work in January 2004, lacked the necessary statutory powers in relation to complaints.

Arms trade

A government-commissioned report by the Irish Export Control System provided for the first time firm figures on the value of exports of military and dual-use goods. AI reiterated concerns about the lack of legislation on arms brokering and licensed production; of any system of post-export checks; or of any mechanism for effective monitoring by parliament.

Racism

The review of the ineffective Prohibition on Incitement to Hatred Act 1989, announced in 2000, was not completed. According to the National Consultative Committee on Racism and Interculturalism, migrant workers were not reporting racism and discrimination in the workplace for fear of losing their work permits. Concerns about the adequacy of the system for reporting, recording and prosecuting racist crimes persisted.

Asylum-seekers

The Immigration Act 2003, which came into force in July, introduced carriers' liability for transporting inadequately documented passengers, raising concern that the right to seek asylum might be unduly obstructed. The new legislation also introduced accelerated procedures for determining asylum claims, on the basis of "safe country of origin" lists, that failed to recognize the individual character of persecution. Asylum-seekers from "safe" countries may have to overcome an unreasonable and discriminatory presumption against their claim in a process that may lack procedural safeguards. Refugee organizations voiced concerns about some aspects of the treatment of unaccompanied children. In January the Supreme Court ruled that non-national parents of children born on Irish territory – who are entitled to citizenship – do not have an automatic right of residency. The Irish Human Rights Commission expressed concern that families had abandoned asylum claims in the belief that they could obtain residency on this basis.