The Irish Human Rights and Equality Commission (IHREC), today, appears before the High Court as amicus curiae (friend of the Court) in the extradition proceedings entitled the Attorney General v. Ali Charaf Damache (2013/51 EXT).
In the extradition proceedings, the respondent objects, on human rights grounds, to his proposed extradition to the United States of America to face charges of a number of terrorism-related offences. Following the Courts consideration of the facts in the case, the human rights issues on which the IHREC might assist the Court include:
- The application of the concept of “inhuman and degrading treatment” under the Constitution and under international law, and the obligations arising therefrom;
- The types of breaches, or cumulative breaches, which fall within the meaning of “a flagrant denial of justice” as required by the European Court of Human Rights in order for a prospective breach of Article 6 (right to a fair trial) of the European Convention of Human Rights (“the ECHR”) to necessitate a prohibition on extradition, and whether a like requirement arises under the Constitution;
- The relevant tests which should be applied when considering whether a person’s rights under Article 9 of the ECHR (freedom of thought, conscience and religion) or the like protections under the Constitution, might require a refusal to extradite; and,
- The obligations which arise on the Irish courts where, in an extradition case, the evidence obtained by a requesting State, which may be used against an accused at trial, would be found to be unconstitutional in this jurisdiction.
In addition, the IHREC also welcomes today’s High Court decision to grant the Commission liberty to appear as amicus curiae in Judicial Review proceedings, Ali Charaf Damache v. the Director of Public Prosecutions (DPP) & others (Record no. 2013/670/JR) which concerns whether the DPP has a legal obligation to give reasons for a decision not to direct a prosecution, and if so, in what circumstances such an obligation would arise. These proceedings will be heard together with the extradition proceedings.
ENDS/
Please contact Fidelma Joyce, IHREC, Mobile 087 783 4939
Notes to Editor
The role of the amicus curiae is to primarily be of assistance to the Court.
On 1 November 2014 the Irish Human Rights and Equality Commission, which is governed by the Irish Human Rights and Equality Commission Act 2014 was established, replacing the Irish Human Rights Commission and the Equality Authority.