EIRE: IRELAND 'IN THE DOCK' OVER SPECIAL CRIMINAL COURT

Rapport publié le 13/08/08 10:40 dans Justice et injustices par Cathal Ó Luain pour Cathal Ó Luain

Dublin's Special Criminal Court

The United Nations Human Rights Committee has reiterated its concerns about Ireland's continued use of Special Courts.

The Special Criminal Court (Irish Cúirt Choiriúil Speisialta) is a juryless criminal court in the Republic of Ireland which tries terrorist and organized crime cases. Article 38 of the Constitution of Ireland empowers the Dáil to establish «special courts» with wide-ranging powers when «the ordinary courts are inadequate to secure the effective administration of justice». The court was first established by the Dáil under the Offences Against the State Act (OASA), 1939.

The Celtic League addressed the issue of OASA at its 2003 annual meeting and the following resolution was adopted:

«This AGM:

Expresses concern that the Irish government, which is ostensibly committed to International Human Rights principles, continues to maintain on its statutes the provisions of the Offences Against the State Act.»

The Human Rights Committee at a session on Ireland in Geneva this month said the Special Courts may breach several articles of the International Covenant on Civil and Political Rights and that each case should be justified on an individual basis (see below):

«20. The Committee reiterates its concerns about the continuing operation of the Special Criminal Court and the establishment of additional special courts. (arts. 4, 9, 14, 26) The State party should carefully monitor, on an ongoing basis, whether the exigencies of the situation in Ireland continue to justify the continuation of a Special Criminal Court with a view to abolishing it. In particular, it should ensure that, for each case that is certified by the Director of Public Prosecutions for Ireland as requiring a non-jury trial, objective and reasonable grounds are provided and that there is a right to challenge these grounds.»