Written answers

Tuesday, 14 November 2017

Department of Foreign Affairs and Trade

European Court of Human Rights Judgments

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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184. To ask the Minister for Foreign Affairs and Trade if he has discussed a case (details supplied) with his British counterpart at their meetings. [47828/17]

Photo of Simon CoveneySimon Coveney (Cork South Central, 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 victims should be recognised as torture. The Government’s request currently remains under consideration by the European Court of Human Rights. In March 2016, the UK were invited to submit observations on a number of questions posed by the Court (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 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. The Government is now awaiting notice from the Court as to how it wishes to proceed in considering the case. The Government’s application therefore remains active with the European Court of Human Rights, and given this context, the case is not one that I have discussed directly with my British counterparts.

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 that the question should be revisited. My Department is continuing to monitor these developments.

My Department has also 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 and has kept them updated on the status of the case. As the case in Strasbourg progresses, my Department will maintain these contacts so that those directly affected remain informed of progress with the Government’s application.

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