Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 618: To ask the Minister for Foreign Affairs the names of petitioners against Ireland under the International Covenant on Civil and Political Rights; the issues raised by them; and the status or outcome in each case. [25736/05]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Ireland ratified the International Covenant on Civil and Political Rights, ICCPR, and Optional Protocol to the ICCPR with effect from 8 March 1990, thereby allowing communications to the Human Rights Committee from individuals claiming to be the victim of violations of the covenant.

Since that time, a total of five complaints have been brought against Ireland under the covenant: 1. Communication No. 593/1994: Mr. Patrick Holland made a complaint on 8 June 1994, claiming to be a victim of a violation by Ireland of Articles 14 and 26 of the Covenant. Specifically, the complaint claimed that the Special Criminal Court does not constitute an independent and impartial tribunal as required in Article 14.1 of the Covenant, claiming also a failure to provide equal treatment and discrimination for failure of the State to transfer him to an open prison at the same time as his co-accused. On 22 November 1996, the Human Rights Committee made a decision declaring the complaint inadmissible, due to the author's failure to exhaust domestic remedies as required by Article 5 of the Covenant.

2. Communication No. 819/1998: Mr. Joseph Kavanagh submitted a complaint against Ireland on 27 August 1998, claiming a violation of Articles 2, 4, 14 and 26 of the Covenant. The author claimed that the DPP's decision to try him before the Special Criminal Court violated the principles of fairness and full equality of arms protected by Article 14, that this decision was issued without any reason or justification and thereby violated the guarantee of Article 14, paragraph 1, to a public hearing, that Ireland has failed to provide an effective remedy, as required by Article 2. He further alleged a violation of the principle of non-discrimination and that Ireland had informally derogated from ICCPR contrary to Article 4. The Human Rights Committee, on 26 April 2001, found the complaint admissible only in its complaints under Article 14 and 26. The committee found that Ireland had violated Article 26 by virtue of its inability to show that the decision to try the author in the SCC was based upon reasonable and objective grounds. No other violations were found by the committee.

3. Communication No. 1038/2001: Mr. Dáithi Ó Colchúin made a complaint against Ireland on 3 July 2000 claiming to be the victim of violations of Articles 2, 25 and 26 of the Covenant. The author, who was ordinarily resident outside of Ireland, argued that the fact that he was unable to vote in elections for the parliament, for Presidency and in referenda constituted a violation of the right to vote and participate in political affairs, and complained of discrimination and breach of the right to equality before the law. The committee, on 17 April 2003, declared the complaint inadmissible, as the author had failed to prove himself to be a victim by virtue of being unable to point to concrete examples of his being unable to vote in elections to the Dáil, for President and in referendums.

4. Communication No. 1114/2002: Mr. Joseph Kavanagh made a second complaint to the Human Rights Committee on 8 July 2002. He complained of a violation of Article 2.3 (a) and (b) and Article 26 of the covenant. The issues raised in the author's complaints related to a claim that Ireland had not provided him with an effective remedy for the breach of Article 26 already found by the committee in the first Kavanagh case, equality before the law, and the failure of Ireland to develop the possibilities of judicial review for cases such as his. On 28 November 2002, the Human Rights Committee made a decision declaring the complaint inadmissible, finding that no new factual developments were raised by the author since the committee's expression of its view in his first communication and that the author had no standing to raise complaints of a general nature under Article 1 of the Optional Protocol.

5. Communication 1314/2004: Mr. Michael O'Neill and Mr. John Quinn made a complaint claiming a violation of Articles 2, 9, 14, and 26 of the covenant. The facts of the case relate to the authors application for early release from prison under the Criminal Justice (Release of Prisoners) Act 1998. They complain of unfair discrimination, equal treatment under the law, lack of fair procedures, arbitrary detention, and failure to provide an effective remedy. The State has made its submissions on the merits and admissibility of this complaint, but the matter has not yet come to a hearing.

These and further details on the above decisions are available on the website of the Office of the United Nations High Commissioner for Human Rights.

Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
Link to this: Individually | In context

Question 619: To ask the Minister for Foreign Affairs if the Government's third periodic report of states parties under the International Covenant on Civil and Political Rights, due to be submitted to the UN Human Rights Committee by 31 July 2005, was submitted; and if the report addresses the concluding observations of the Human Rights Committee published in 2000 which recommended the jurisdiction of the Special Criminal Court be ended. [25739/05]

Dermot Ahern (Louth, Fianna Fail)
Link to this: Individually | In context

Work on the compilation of Ireland's third periodic report to the UN Human Rights Committee under the International Covenant on Civil and Political Rights is ongoing as a matter of urgency and should be completed within the coming months. Given the breadth of the covenant, a large number of Departments are involved in the preparatory process. In addition, there will be consultation with civil society during the drafting of the report.

The report will address all the issues raised by the Human Rights Committee including its observations in respect of the Special Criminal Court.