Dáil Éireann Debate, Tuesday - 27 February 2024
66. Deputy Peadar Tóibín asked the Tánaiste and Minister for Foreign Affairs what interim measures and-or injunctions are available through the European Court of Human Rights to stop the British Government halting the inquests or investigations into legacy issues in the North of Ireland; and if he sought to use any interim measures or injunctions to do so. [9293/24]
View answerOn 17 January 2024 the Government initiated an inter-state case against the Government of the United Kingdom, under Article 33 of the European Convention on Human Rights.
In its application to the Court the Government has sought a declaration that the relevant provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the Convention.
Interim measures may be granted by the European Court of Human Rights under Rule 39 of the Rules of Court. Interim measures are granted on an exceptional basis, in a limited number of areas, where there is an imminent risk of irreparable harm to the applicant.
Generally, requests for interim measures are made by applicants who claim that their extradition or removal would expose them to a real risk of serious and irreversible harm, in violation of Article 2 (right to life) and/or Article 3 (prohibition of torture or inhuman or degrading treatment) of the European Convention on Human Rights.
The Government has not requested that the Court indicate interim measures in this case at this time. While it is open to the Court to grant interim measures in an inter-state case, such measures have previously been ordered in cases involving active armed conflicts, generally with a view to protecting civilians.
Following careful consideration of advice received from the Attorney General, the Government considers that a declaration that the United Kingdom has violated the Convention is the appropriate remedy in this inter-state case, in order to secure effective, independent, and timely investigations into deaths or serious injuries which occurred during the Troubles.
