EIRE/IRELAND: NAVAL INVOLVEMENT IN PROTESTS BREACHED OSCE POLICE GUIDELINES

Rapport publié le 11/03/09 2:24 dans Justice et injustices par Cathal Ó Luain pour Cathal Ó Luain

Organization for Security and Co-operation in Europe (OSCE) produces international guidelines for policing on various subjects.

The Celtic League have reiterated concerns to the Irish government about the use of military forces to police a protest at Broadhaven Bay.

The League have told the Department of Justice that the decision of the police to seek military support for the operation was a breach of OSCE guidelines on policing.

Meanwhile in correspondence to Defence Minister, Willie O'Dea, the League say his assertion that use of the military is justified in the context of the `WHITE PAPER ON DEFENCE 2000' is fatuous - See below:

«Mr Dermot Ahern TD Minister for Justice Equality and Law Reform Department of Justice Equality and Law Reform 94 St Stephen's Green Dublin 2 Ireland

06:03:09

Dear Minister Ahern,

I copied correspondence to you recently concerning events at Broadhaven Bay Co Mayo in September 2008 when An Garda Síochána were assisted by the Irish Naval Service. With the enclosures was a letter from the Department of Defence indicating that a:

»A Naval Service vessel was deployed to Broadhaven Bay in early September 2008 in response to a request for aid to the civil power from An Garda Síochána. The Naval Service deployment was proportional to the request for support as received from An Garda Síochána«.

Minister O'Dea went on to justify this action by reference to the »White Paper on Defence of February 2000«

I have studied the White Paper and must say that I find Minister O'Dea's and the Department of Defence (DoD) interpretation questionable.

However, more pertinently, there are serious questions raised by the Garda request to DoD which indicate clear breaches of Conventions and understandings in International Law.

For example I understand that the »GUIDEBOOK ON DEMOCRATIC POLICING« isued by the OSCE sets out that:

»Furthermore, democratic policing requires that the police simultaneously stand outside of politics and protect democratic political activities and processes (e.g. freedom of speech, public gatherings, and demonstrations). Otherwise, democracy will be threatened« (Democratic Objectives – Section 9 – Page 12).

It goes on:

»Policing in a democratic society includes safeguarding the exercise of democratic activities. Therefore, police must respect and protect the rights of freedom of speech, freedom of expression, association, and movement, freedom from arbitrary arrest, detention and exile, and impartiality in the administration of law.110 «In the event of unlawful but non-violent assemblies, law enforcement officials must avoid the use of force or, where this is not possible, limit its use to the minimum». (Maintaining Public Order and Safeguarding Democratic Freedoms – Section 65 – Page 22)

I feel sure you will agree that deploying vessels armed with 40mm and 20mm Guns in addition to 7.62mm Machine Guns against unarmed peaceful protesters hardly matches the intent of Section 65 above.

It is also clear that to deploy not one but several Naval vessels in this way must have been a decision taken politically and this would appear to compromise Section 9 above.

I appreciate that OSCE standards are not mandatory but as a mature democracy one would hope that Ireland would pay due cognizance to them and indeed other standards in International law which this deployment seems to have been in conflict with.

I do hope that the Department of Justice with An Garda Síochána will review its policy in relation to requests to the military to assist the civil power. One would hope that deployments as glaringly disproportionate as that in Co Mayo in September 2008 are not repeated.

Yours sincerely

J B Moffatt Director of Information Celtic League«

»Mr Willie O'Dea TD Minister for Defence Department of Defence Parkgate Infirmary Road Dublin 7 Ireland

06:03:09

Dear Minister O'Dea,

I write further to your letter of the 27th of February in relation to the deployment of Naval units to assist An Garda Síochána during a protest at Broadhaven Bay, Co Mayo in September 2008.

I have noted your comment:

«The primary responsibility for the maintenance of law and order rests with An Garda Síochána. The Defence Forces, pursuant to their role of rendering aid to the civil power, assist the Gardaí as required.»

I further note the reference in the correspondence to the:

«White Paper on Defence of February 2000»

However it is clear from studying this item of legislation that it does not provide an authority in the way you (or the Police) have interpreted it. It almost certainly confines the use of such powers to extreme emergencies or threat to internal security.

I believe that the use of military forces in the way that they were deployed clearly breaches International rules and accords on the way that the police should deal with civil protest.

The Celtic League take this issue extremely seriously as the disproptionate use of military force has implications for freedom of democratic expression not just in Ireland but at a Pan-European level.

I do hope that the Department of Defence will in the future more assiduously scrutinize requests for military assistance from civil authorities.

I have written separately to Minister Ahern on this matter and as the correspondence is related I have enclosed a copy for your information.

Yours sincerely,

J B Moffatt Director of Information Celtic League"