Written answers

Tuesday, 11 October 2016

Department of Foreign Affairs and Trade

European Court of Human Rights Judgments

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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296. To ask the Minister for Foreign Affairs and Trade the progress made to date in the case being taken by the Government in the European Court of Human Rights against the UK in respect of the Hooded Men torture cases of 1971; when it is hoped the case will go to a full open hearing; and if he will make a statement on the matter. [29817/16]

Photo of Éamon Ó CuívÉamon Ó Cuív (Galway West, Fianna Fail)
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297. To ask the Minister for Foreign Affairs and Trade the discussions that have taken place between officials in his Department in the past two years and the survivors of torture in the Hooded Men cases of 1971 in respect of the reopening of their cases in the European Court of Human Rights; and if he will make a statement on the matter. [29818/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I propose to take Questions Nos. 296 and 297 together.

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 has contended that the ill-treatment suffered by the Hooded Men should be recognised as torture. The Government’s request currently remains under consideration by the Court.

This decision was not taken lightly. The Government is acutely aware of the suffering of the individual men involved and of their families, of the significance of this case, and of the weight of these allegations.

The Government is also conscious that, in the Council of Europe, the European Union, and in other fora, Ireland and the UK as strong bilateral partners have worked together to promote human rights, and will continue to do so. The Irish Government and British Governments have both worked hard over many years to build stronger, more trusting relations. I believe that this relationship stands to us both in working through the serious matters raised in the Government’s request to the European Court of Human Rights on the Hooded Men case.

In March this year the UK were invited to submit observations on a number of questions posed by the European Court of Human Rights (publicly accessible via the website of the European Court of Human Rights). At the request of the UK, the deadline for submission of their observations has been extended by the Court from time to time and now stands at 15 December 2016. The UK observations will in due course be made available to the Government and an opportunity afforded for reply. The European Court of Human Rights has also advised that the further procedure regarding the Government’s request for a revision of the 1978 judgment will be determined upon receipt of both parties’ observations.

My Department has remained in contact with the legal representatives of the survivors and their families in the Hooded Men case since the Government’s request to the European Court of Human Rights in December 2014 and has kept them updated on the status of the case.

I understand that a request has been made on behalf of some of the victims in this case for a meeting with my officials and I have directed that this should take place.

As the case progresses, my Department will remain in contact with the appropriate interlocutors so that those affected remain informed of progress in the case.

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