Written answers

Wednesday, 3 December 2014

Department of Foreign Affairs and Trade

Human Rights Issues

Photo of Brendan SmithBrendan Smith (Cavan-Monaghan, Fianna Fail)
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98. To ask the Minister for Foreign Affairs and Trade his views on a recent request by Amnesty International and others that the Government should seek a re-opening of the case that Ireland took to the European Court of Human Rights in 1971, Ireland v. UK in relation to Britain breaching the European Convention on Human Rights; if his attention has been drawn to the fact that an RTE documentary (details supplied) brought new evidence into the public domain; his views that this new evidence supports the re-opening of the case; and if he will make a statement on the matter. [46512/14]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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The RTÉ documentary ‘The Torture Files’ alleged that the British authorities purposely misled the European Commission on Human Rights and the Court by withholding information in the case. It also alleged that the decision to employ the interrogation techniques had been taken at UK Cabinet level.These and other allegations made in the documentary were taken very seriously by the Government. The Government is aware of the suffering of the individual men and of their families, of the significance of this case, and of the weight of these allegations. The archival material which underlay the RTÉ documentary was therefore subjected to thorough legal analysis and advice. On the basis of the new material uncovered and on the legal advice received, the Government has decided to request the European Court of Human Rights to revise its judgment in the case. It will be contended that the ill-treatment suffered by the fourteen men should be recognised as torture.

This decision was not taken lightly. As EU partners and as strong bilateral partners, the UK and Ireland have worked together to promote human rights in many fora and during the original case the UK did not contest that a breach of Article 3 of the European Convention of Human rights took place. The British and Irish Governments have both worked hard to build stronger, more trusting relations in recent years and I believe that this relationship will now stand to us as we work through the serious matters raised by this material which has come to light in recent months.

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