IRISH GOVERNMENT TO APPEAL CASE OF ‘HOODED MEN’ TO HIGHEST COURT IN EUROPE
The Irish Government have today confirmed that they intend on filing an appeal to the Grand Chamber of the European Court of Human Rights in the case of The Hooded Men.
In March of this year, the European Court of Human Rights (ECtHR) refused the application by the Irish Government to re-open the infamous case of Ireland V UK, regarding the treatment of The Hooded Men by British Security Forces. The judgment came amidst a discovery of fresh evidence in which it was asserted that it proved the Court was misled in the first instance, and secondly that the new evidence corroborated the assertion that the treatment was in fact torture.
On foot of the ruling, The Hooded Men immediately petitioned the Irish Government to appeal the case to the Grand Chamber (GC) of the ECtHR. In April of this year KRW LAW LLP wrote to Minister Coveney setting out the basis on which it was contended that an appeal could and should be lodged.
The Hooded Men, together with KRW Solicitor Darragh Mackin, met with the Minister and expressed our concerns in respect of the decision, and requested that an appeal be lodged to the Grand Chamber without any further delay.
Today, the Irish Government has confirmed that the appeal to the Grand Chamber will now be lodged.
Darragh Mackin, Solicitor for The Hooded Men said:
“We warmly welcome the position adopted by the Irish Government in today’s decision. From the dayon which the judgment was handed down, we have engaged with the Irish Government in calling for an urgent appeal to be lodged. The international significance of this case is duly reflected by the fact that this case will now be referred to the highest Court in Europe. The grounds were self-evident. We now look forward to an expeditious hearing in the Grand Chamber.”
Kevin Hannaway one of The Hooded Men said:
“Today’s ruling is not only a mammoth step for us, but for many other torture survivors all around the world. We always knew the judgment was flawed, and that we had strong grounds of appeal, we are delighted the Irish Government has accepted our submissions and an appeal will now be lodged. We all intend on fighting this case to the very end on behalf of ourselves and those who have passed away since the treatment we underwent.”
Notes for Editor
For all queries please contact Darragh Mackin at darragh@kevinrwinters.com (+00 44 7976070023) or Jim McIllmurray Co-Ordinator at anlorgain@yahoo.co.uk .
1. Ireland v United Kingdom (1978) originally held that the treatment of The Hooded Men was inhuman and degrading but did not constitute torture.
2. The basis of the application to reopen the judgment was made pursuant to Rule 80 of the Rules of the Court.
3. The Hooded Men lodged an application to participate as interested parties in the first instance ruling. They also previously domestic judicial review proceedings in Belfast which were successful in calling for a fresh investigation. The Chief Constable of the PSNI subsequently appealed and judgment is presently awaited.