It comes as no surprise to the Celtic League that the Irish government may well find itself 'in the dock' over its treatment of mentally ill persons detained in prisons or police stations. The Celtic League has been one of a number of bodies which has over the past several years expressed concern over the detention of the mentally ill in the penal system.
Yesterday Ireland's High Court invited lawyers representing a disturbed homeless man to sue the State over an alleged breach of his human rights after he spent a week in a Garda cell because of a waiting list at the Central Mental Hospital.
Mr Justice John Edwards said John Ughamadu, 25, a Nigerian National, may be entitled to damages through possible breaches of his rights under the European Convention on Human Rights.
The legal team representing Mr Ughamadu was seeking a judicial review challenging the legality of his detention under Article 40 of the Constitution when unusually the judge hearing the case, Mr Justice John Edwards, invited them to amend this to include a breach of provisions under European Convention of Human Rights (A Council of Europe Treaty of which Ireland is a signatory).
The Irish government has repeatedly faced criticism over the detention of persons with mental illness. Despite assurances to both UN and Council of Europe human rights bodies few tangible steps have been taken to redress the inadequacies in the current system.
Perhaps this latest case will act as the catalyst for urgent action.
Links to earlier Celtic News items on this topic are set out below:
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J B Moffatt Director of Information Celtic League
26/01/08
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