Written answers

Tuesday, 25 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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53. To ask the Minister for Foreign Affairs and Trade if he has had discussions with his British counterparts in relation to the Hooded Men torture case being taken in the European Court of Human Rights; if so, if they now accept that the treatment of these men was clearly torture; and if he will make a statement on the matter. [31632/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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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.

In March this year the UK were invited by the Court to submit observations on a number of questions posed by 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. This is the procedure for progressing the Government's request to the European Court of Human Rights and therefore there have not been ancillary discussions with the UK on this case.

The European Court of Human Rights has 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.

This decision to request the European Court of Human Rights to revise its 1978 judgment 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. Both Governments have 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.

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