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Human Rights Cases

Dáil Éireann Debate, Thursday - 3 May 2018

Thursday, 3 May 2018

Ceisteanna (54)

Seán Crowe

Ceist:

54. Deputy Seán Crowe asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the fact the deadline for appealing a 20 March 2018 decision from a chamber of the European Court of Human Rights, ECHR, regarding the torture of persons (details supplied); and if he will support the request of these persons to appeal the 20 March 2018 decision to the Grand Chamber of the ECHR. [19382/18]

Amharc ar fhreagra

Freagraí scríofa

I refer the Deputy to my answer to question no. 70, Ref No: 17815/18, on Tuesday, 1 May 2018, which is repeated here.

On 20 March last, the European Court of Human Rights issued its judgment on the Government’s application for a revision of the ruling in the 1978 Ireland v UK case. The ruling is being fully considered by the Government. It is important to note that, although the Court dismissed the Government’s application for a revision, nothing in the ruling alters the Court’s original 1978 judgment that the men suffered inhuman and degrading treatment, in breach of Article 3 of the European Convention on Human Rights.

The question of seeking a referral of the ruling to the Grand Chamber of the European Court of Human Rights is a decision for the Government, taking account of advice from the Attorney General. There is a window of three months after the judgment by the Court for a referral.

No decision has yet been reached on this matter. The ruling needs to be considered fully and carefully and that is now being done.

My thoughts at this time are with the men who were subjected to the appalling treatment and who have had to deal with long-lasting adverse effects in the decades since. I met with a group of the men and close family members of some of the other victims and their legal representatives on 24 April, in order to hear their views and experience.

They are understandably disappointed with the ruling by the European Court of Human Rights in March. I listened very carefully to their views on this ruling, and those of their legal representatives. I also noted that any further information or views that they may wish to provide as the Government considers the ruling by the European Court of Human Rights should be provided to my Department as soon as possible and this will be considered fully.

My Department has maintained contact on an ongoing basis with the legal representatives of the men and their families as appropriate, since the Government submitted an application in 2014 for a revision of the 1978 Ireland v UK case. This contact will be maintained in the period ahead.

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