25 June 2024
The Irish Council for Civil Liberties has launched a campaign calling for the abolition of the Special Criminal Court.
The ‘State of Emergency’ campaign aims to raise public awareness of the abuse of emergency powers and human rights issues surrounding the controversial non-jury court ahead of Tuesday’s Dáil debate, where the Oireachtas will vote on continuing the use of emergency powers under the Offences Against the State Acts 1939-1998.
The Special Criminal Court has long been the subject of international criticism. The UN Human Rights Committee called for the overhaul of the Special Criminal Court in 1993, 2000, 2008, 2013 and 2014. In 2000, it recommended that “steps should be taken to end the jurisdiction of the Special Criminal Court”.
Every year since 1972, the Oireachtas has voted to continue the use of emergency powers to prolong the life of the court. This involves passing a declaration that Ireland’s ordinary courts are inadequate to effectively administer justice.
The current version of the Special Criminal Court, which was established as an emergency response to terrorism arising from The Troubles and then expanded to tackle organised crime, operates without a jury and allows for the uncorroborated opinions of a Chief Superintendent of An Garda Síochána to be treated as fact in cases before it. There is no requirement for evidence to be provided by the garda in support of such opinions.
The Court also permits an accused’s silence to be used as evidence supporting the case against them, effectively denying them the right to silence.
Speaking today, ICCL Criminal Justice Policy Officer Niamh McCormack said:
“Today the Oireachtas will vote on a motion declaring that the ordinary courts are ‘inadequate’ to secure the ‘effective administration of justice’ to justify the continuation of the Special Criminal Court. This is an extraordinary statement that has become normalised through decades of expansion of the Special Criminal Court.
The Special Criminal Court continues to operate despite repeated calls from human rights bodies such as the UN Human Rights Committee to end its jurisdiction. The ICCL echoes these calls, and believes alternatives to the court must be explored. These alternative measures must be proportionate and respect the constitutional right to a fair trial.
There is currently no public debate on the fact that the Oireachtas makes an annual declaration of a state of emergency to justify the existence of the Court. Nor is there any meaningful discussion in relation to potential alternatives to the court which would protect against these fears without significantly depriving accused persons of their rights.
Last year, an Independent Review Group established by Minister McEntee to examine the Offences Against the State Acts and the Special Criminal Court published a majority and minority report. One year on, and the Minister has not substantially responded to the report, never mind implementing its recommendations.”
ENDS
Notes for editors:
‘State of Emergency?’ campaign page: https://www.iccl.ie/police-justice-reform/state-of-emergency-52-years-of-the-special-criminal-court/
Available for comment: Niamh McCormack, ICCL Criminal Justice Policy Officer
For media queries: taragrace.connolly@iccl.ie / 087 415 7162
About ICCL
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. www.iccl.ie