Tuesday, 20 March 2018

Ceisteanna (23)

Eugene Murphy

Ceist:

23. Deputy Eugene Murphy asked the Tánaiste and Minister for Foreign Affairs and Trade the number of occasions Ireland has been found by the European Court of Human Rights to be in contravention of Article 2 of the European Convention on Human Rights in each of the years 2008 to 2017 and to date in 2018; and if he will make a statement on the matter. [12615/18]

Amharc ar fhreagra

Freagraí scríofa (Ceist ar Foreign)

There have been no findings by the European Court of Human Rights of a violation of Article 2 (right to life) for the period referenced by the Deputy in his question. I have set out below details of rulings of the European Court of Human Rights involving the State and Article 2 (right to life) for the relevant period. The outcomes have included the State reaching a friendly settlement with an applicant as regards the lack of an effective investigation in breach of Article 2 in one case and, in another case, conceding to the Court that an effective investigation had not taken place. In relation to those cases the Court struck out the applications without making any finding against the State.

Rulings of the European Court of Human Rights involving the State and Article 2 (right to life)

In McDermott, Keegan and Others v Ireland, application nos. 23213/09 and 62652/09, the applicants complained, among other things, of a lack of an effective investigation by the State in breach of Article 2 into the Stardust Tragedy of 14 February 1981. In a decision dated 25 September 2012 the Court ruled the application inadmissible.

In Magee v Ireland, application no 53743/09, the applicant complained of, among other things, a lack of an effective investigation by the State in breach of Article 2 in to her son’s death while in police custody. The State reached a friendly settlement with the applicant and the Court struck the case out of its list on 20 November 2012.

In Nic Gibb v Ireland, application no 17707/10, the applicant complained of, among other things, a lack of an effective investigation by the State in breach of Article 2 in relation to a fatal shooting by An Garda Síochána of her partner in the course of an armed robbery. The State conceded there had not been an effective investigation as required by Article 2 and indicated an intention to set up of a Commission of Investigation and the Court struck the case out of its list on 25 March 2014.

My Department is the Agent for the Government before the Court and provided expert advice on the case-law of the Court and its procedures in respect of each of the above. For all cases referred to, the lead Department was the Department of Justice and Equality.

The text of the Court’s rulings are available on the website of the European Court of Human Rights which hosts a database of all its judgments and decisions (https://hudoc.echr.coe.int/eng#). The website of the Department of Foreign Affairs and Trade also lists all judgments and decisions involving the State (https://www.dfa.ie/our-role-policies/international-priorities/international-law/courts-tribunals-dispute-mechanisms/european-court-of-human-rights/).