Micheál Martin (Cork South Central, Fianna Fail)
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On 17 January 2024 the Government initiated an inter-state case against the Government of the United Kingdom, under Article 33 of the European Convention on Human Rights.

In its application to the Court the Government has sought a declaration that the relevant provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the Convention.

Interim measures may be granted by the European Court of Human Rights under Rule 39 of the Rules of Court. Interim measures are granted on an exceptional basis, in a limited number of areas, where there is an imminent risk of irreparable harm to the applicant.

Generally, requests for interim measures are made by applicants who claim that their extradition or removal would expose them to a real risk of serious and irreversible harm, in violation of Article 2 (right to life) and/or Article 3 (prohibition of torture or inhuman or degrading treatment) of the European Convention on Human Rights.

The Government has not requested that the Court indicate interim measures in this case at this time. While it is open to the Court to grant interim measures in an inter-state case, such measures have previously been ordered in cases involving active armed conflicts, generally with a view to protecting civilians.

Following careful consideration of advice received from the Attorney General, the Government considers that a declaration that the United Kingdom has violated the Convention is the appropriate remedy in this inter-state case, in order to secure effective, independent, and timely investigations into deaths or serious injuries which occurred during the Troubles.

Micheál Martin (Cork South Central, Fianna Fail)
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On 17 January 2024 the Government initiated an inter-state case against the Government of the United Kingdom, under Article 33 of the European Convention on Human Rights.

The Government’s application, like all documents deposited by the parties with the Registry of the Court, is accessible to the public in accordance with arrangements determined by the Registrar, unless the President decides otherwise (under Article 40(2) of the Convention, and the relevant Rules of Court). In this light, and as the next steps belong for the Court,I have decided not to make copies of the application available from my office. As I have said elsewhere, and as the issues concerned touch on the hurt of so many families, I do not wish to litigate this matter in public.

I appreciate and welcome the Deputy's interest and the following is an outline of our key concerns.

In its application, the Government submits that certain provisions of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023 are incompatible with the United Kingdom’s obligations under the Convention, including Article 2 (right to life), Article 3 (the prohibition of torture and inhuman or degrading treatment), Article 6 (the right of access to a court), and Article 14 (prohibition of discrimination).

The Government contends, in particular, that the provisions of the Act concerning immunity from prosecution create an amnesty for Troubles-related offences, including intentional killing contrary to Article 2, and cruel and inhuman or degrading treatment contrary to Article 3 of the Convention.

The Government further considers that the prohibition of the continuation of current mechanisms for information recovery with respect to Troubles-related offences, and the replacement of those mechanisms with a review by the newly established Independent Commission for Reconciliation and Information Recovery, gives rise to violations of Article 2 (right to life), Article 3 (prohibition of torture and inhuman or degrading treatment), and Article 13 (right to an effective remedy) of the Convention.

Lastly, the Government submits that the prohibition of both the initiation of new Troubles-related civil actions before the courts and the continuation of civil actions not commenced before 17 May 2022, is contrary to Article 6 (right of access to a court), whether read alone or taken in conjunction with Article 14 of the Convention (prohibition of discrimination).