Special Criminal Court Decision ‘Flouts Rule of Law’ says ICCL
ICCL Press Release, for immediate release
Thursday 29 October 2015
Ireland’s independent human rights watchdog the Irish Council for Civil Liberties (ICCL) has today (Thursday 29 October 2015) strongly criticised the Government’s decision to establish a second juryless Special Criminal Court, observing that the establishment of extraordinary courts in peacetime is a violation of Ireland’s international legal obligations.
ICCL Executive Director Mark Kelly said:
“The Special Criminal Court was created as an extraordinary court in extraordinary times; however, no reasonable person could today claim that there is a public emergency threatening the life of the nation. It is therefore unjustified that this Court’s procedures suspend fundamental fair trial guarantees, including the right to trial by jury.”
“The UN Human Rights Committee has repeatedly identified the Special Criminal Court as being in violation of Ireland’s legal obligations under international human rights treaties, and called for its abolition. In 2014 the Committee expressed particular concern “at the expansion of the remit of the Special Criminal Court to include organized crime”.”
“The continuation, much less the expansion, of such a court in peacetime flouts Ireland’s human rights obligations and is not necessary in a democratic society” Mr Kelly continued.
“Crime, particularly violent and gang crime, are a legitimate concern for our legislators. Tackling such crime must not rely, however, on chipping away at the right to a fair trial, but on a commitment to adequately resourcing An Garda Síochána and the regular Courts” he concluded.
Ends
Contact:
Walter Jayawardene, ICCL Communications Manager, 0879981574
Note:
In 2014 UN Human Rights Committee’s Concluding Observations on Ireland highlighted its continued concern
“at the lack of a definition of terrorism under domestic legislation and the continuing operation of the Special Criminal Court.”
It expressed particular concern
“at the expansion of the remit of the Special Criminal Court to include organized crime”.
It called on the state to
“introduce a definition of “terrorist acts” in its domestic legislation, limited to offences which can justifiably be equated with terrorism and its serious consequences.
And to:
“consider abolishing the Special Criminal Court.”