23 June 2021
The Special Criminal Court continues to continues to represent the single biggest denial of fair trial rights in our legal system, according to the Irish Council for Civil Liberties (ICCL). As the legislation in which it is based, the Offences Against the State Act, is renewed through a superficial Oireachtas process this week, the human rights organisation has reiterated its call for the Court to be abolished.
ICCL Executive Director Liam Herrick said
“The right to a fair trial is the cornerstone of a just and fair society. It includes the right to a trial by a jury of your peers, and the right to be presumed innocent until proven guilty. These rights are protected by our own Constitution and by international human rights law. But these rights are not respected in the Special Criminal Court.”
Separately, ICCL has welcomed the Independent Review Group, which has been established to carry out a comprehensive analysis of the Act. ICCL will be making a detailed submission to that process in which we will be calling for the abolition of the Special Criminal Court. The fair trial rights of everyone in Ireland, not just those accused of crime, are violated by its existence.
The right to jury trial is denied to those tried before this Court. Further, no reasons are required to justify trying an accused person in the Special – the decision of the DPP to try someone before the Special is final and cannot be challenged.
Normal rules of evidence do not apply in the Court. Presiding judges can be shown evidence which the accused person, and their defence team, do not have access to. Combined with the extensive use of police opinion as evidence, trials in the Special do not meet basic standards of procedural fairness.
The operation of the Court is an affront to the presumption of innocence. It is also notable that the State has not explored alternative means to protect juries, as are utilised extensively in other jurisdictions.
ICCL has been calling for the Court to be abolished since the 1970s. Given that the original justification for the Court – the conflict in Northern Ireland – ended well over twenty years ago, the retention of an emergency powers legal regime in peace time is an aberration in our legal system that is urgently in need of reform or removal. It is high time fair trial rights were restored in Ireland.
ENDS/
Find here ICCL’s preliminary submission to the Independent Review Group on the Offences Against the State Act: https://www.iccl.ie/wp-content/uploads/2021/04/210331-FINAL-ICCL-Issues-Paper-Offences-Against-the-State-Acts.pdf
The Irish Council for Civil Liberties (ICCL) is Ireland’s oldest independent human rights campaigning organisation. We monitor, educate and campaign to secure human rights for everyone in Ireland.
For comment: Liam Herrick
For media queries: sinead.nolan@iccl.ie