Dáil debates

Wednesday, 13 December 2017

Ceisteanna - Questions - Priority Questions

European Court of Human Rights Judgments

11:10 am

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael) | Oireachtas source

On 2 December 2014, the Government announced its decision to request the European Court of Human Rights to revise its 1978 judgment in the case taken by Ireland against the UK. The request was filed with the court on 4 December 2014. On the basis of new material uncovered, the Government contended the ill treatment suffered by the victims should be recognised as torture. The Government’s request remains under consideration by the European Court of Human Rights.

In March 2016, the UK was invited to submit observations on several questions posed by the court. At the request of the UK, the deadline for submission of its observations was extended by the court from time to time up to December 2016. In February 2017, the Government submitted its reply to the UK observations on the application. Further observations were submitted by the UK in April and the Government responded to these in May 2017. The Government is now awaiting notice from the court as to how it wishes to proceed in considering the case.

In a separate process, the Belfast High Court on 27 October last, further to a judicial review application by some of the victims in the case, quashed a 2014 PSNI decision not to take further steps to investigate the question of identifying and, if appropriate, prosecuting those responsible for criminal acts during the interrogation of the victims. The court finding means the question should be revisited. The Department is continuing to monitor these developments.

The Department has remained in contact with the legal representatives of the survivors and their families in this case since the Government’s request to the European Court of Human Rights in December 2014. Departmental officials also met with the men in November last year to inform on the status of the Government’s request to the European Court of Human Rights and to hear their views.

I would be glad to meet with the survivors to hear their experience and their views regarding their continuing search for truth, justice and acknowledgment. I have directed the Department to confirm the meeting sought in the period ahead, when I would hope to be in a position to brief on progress with the Government’s application in Strasbourg.

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