Alan Shatter (Dublin South, Fine Gael)

A death in Garda custody is defined as a death which takes place in the period after a person comes into the custody and control of a member of the Garda Síochána and before they leave Garda custody and control. It includes, for example, not only a death at the time of arrest, or in a Garda station, but the death of a person in hospital for treatment while still in Garda custody.

It is important to note that such deaths are the subject of an inquest. In addition, under section 102(1) of the Garda Síochána Act 2005, the Garda Commissioner is required to refer to the Garda Síochána Ombudsman Commission any matter that appears to indicate that the conduct of a member of the Garda Síochána may have resulted in the death of or serious harm to a person, and the Ombudsman Commission must immediately conduct its own independent investigation into the matter.

There were three deaths in Garda custody in 2010 and these occurred in Tallaght, Templemore and Dundalk Garda stations respectively. There have been three deaths in Garda Custody to date in 2011, and these occurred in Ballyconnell, Tuam, and Store Street Garda Stations. All six of these deaths are currently being investigated by the Garda Síochána Ombudsman Commission.

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