Press release- Wednesday, 10 March 2010

The Irish Council for Civil Liberties (ICCL) has said that the Garda Síochána Ombudsman Commission’s findings on the tragic death of Mr. Terence Wheelock highlight the need for the Government to immediately release the preliminary observations of European anti-torture monitors who visited Garda stations earlier this year.

The Council of Europe’s Committee for the Prevention of Torture (CPT) visited Ireland from 25 January to 5 February 2010, during which it inspected conditions in eleven Garda stations, including Store Street in Dublin where Mr. Wheelock was detained.  
Responding to a Dáil question on 16 February 2010, the Minister for Justice, Equality and Law Reform, Mr. Dermot Ahern TD told Deputies that:

“The timing and content of the publication of the observations of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment is a matter in the first instance for the Committee itself.”

Speaking today (10 March 2010), ICCL Director Mr. Mark Kelly said:

“Minister Ahern may not have intended to mislead the Dáil; however, his written answer last month was not accurate.  Under Article 11 of the European Convention for the Prevention of Torture, the information gathered by the CPT is confidential; however, Governments are fully entitled to lift this rule of confidentiality and in recent years states including Bosnia and Herzegovina, Finland, Moldova, Norway, Russia, Sweden and Turkey have all taken this step.”

“In the light of today’s Garda Ombudsman Commission findings of ‘systemic failures’ in custody management, the ICCL calls upon the Government to immediately authorise the publication of the written observations made by the CPT delegation which visited Ireland earlier this year.  If Russia can release the CPT’s observations about people detained in the Chechen Republic and Turkey can publish the anti-torture Committee’s observations on the treatment of Mr Abdullah Öcalan on the prison island of Imralı, one really has to wonder what the Irish Government has to hide” added Mr. Kelly.

ENDS/

ICCL Director Mr. Mark Kelly is available for interview and further comment. For more information, please contact:

Walter Jayawardene
Campaigns and Communications Officer
Irish Council for Civil Liberties
9-13 Blackhall Place
Dublin 7
Ireland

Tel. + 353 1 799 4504
Mob: +353 87 9981574
 
E-mail: walter.jayawardene@iccl.ie

Notes to editors:

1. On 16 February 2010 Mr. Dermot Ahern TD provided the following written answer to a Dáil question:

“The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, which operates under the aegis of the Council of Europe, was established under the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment in 1997.

The Committee visited Ireland for the fifth occasion from the 25th January to the 5th February, 2010.  The CPT submits a formal report of its visit to the Irish Government, which is subsequently published  along with the Government's response. The timing and content of the publication of the observations of the Council of Europe's Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment is a matter in the first instance for the Committee itself.  The Committee made an oral presentation of its preliminary observations at the end of its recent visit to Ireland and indicated that it received excellent cooperation both before and during the visit. The CPT issued a press statement on the 9th February indicating the places visited during the visit and to the best of my knowledge this will be the extent of their public communication on the visit until later in the year.   
The Committee has advised that it will submit its detailed report later this year and seek a written response from the Government.  As the Deputy and the House will be aware it has been the practice for Ireland to request that the Committee publish simultaneously its observations and the State's response.”

2. The CPT’s full press release on the conclusion of its visit to Ireland in is available at: http://www.cpt.coe.int/documents/irl/2010-02-09-eng.htm

3. The CPT preliminary observations published by Bosnia and Herzegovina, Finland, Moldova, Norway, Russia, Sweden and Turkey can be found on the website of the European Committee for the Prevention of Torture at: www.cpt.coe.int

The recommendations of the Garda Síochána Ombudsman Commission’s report on the death of Terence Wheelock were published today (10 March 2010). The report’s recommendations are as follows:

1. That An Garda Síochána commence an immediate State wide review of all custody facilities to ensure that no ligature points exist within cells that are used for the detention of prisoners.

2. That An Garda Síochána initiate a process of regular documented ligature reviews of all cells.

3. That An Garda Síochána commence a study of the feasibility of the installation of CCTV cameras in all custody areas, including cells, used for the detention of prisoners on a regular basis.

4. That An Garda Síochána introduce a specialist role for Garda members charged with the responsibility for the custody of prisoners. This dedicated custody officer role should be given to members with the necessary experience and ability to carry out such a function. The role should only be carried out by members trained to a high standard in all areas of the custody function.

5. That An Garda Síochána issue consolidated, clear and comprehensive instruction as to the need for prisoners to be searched for potential ligatures and the removal of cords etc., from clothing.

6. That An Garda Síochána issue clear and comprehensive instruction as to the need for Custody Record entries to be accurate and complete.

7. That An Garda Síochána issue a reminder to all members as to the need for accurate recording of the time on Custody Records. A single digital custody clock should be used in each station by all members for the recording of the times on custody records.

8. That An Garda Síochána commence a review of the provision of safety equipment within custody areas. The review is to specifically address the provision of First Aid Equipment, including Vent Aids, in custody areas.

9. That An Garda Síochána commence a review of the First Aid Training and First Aid refresher training provided to its members. Specifically, the review should address the provision of First Aid Training to Garda members deployed in the role of Member in Charge or Gaoler.

10. That An Garda Síochána review the feasibility of providing ligature cutting equipment to each station designated for the custody of prisoners.