The Human Rights Commission (HRC) has submitted its observations on the Commission of Investigations Bill 2003 to the Minister for Justice, Equality & Law Reform, Mr. Michael McDowell, T.D. The Minister referred the Bill to the HRC for its consideration prior to its publication last year.
The Commission of Investigations Bill 2003 aims to establish a new system of investigating matters of serious public concern to complement those systems already in place which will be less dependent on legal representation than tribunals of inquiry.
In the view of the HRC the proposed system of commissions of investigation has the potential to contribute to Ireland’s compliance with its international obligations under the European Convention of Human Rights (ECHR) and the International Covenant on Civil and Political Rights (ICCPR) to provide an effective remedy and process of investigation for alleged human rights violations.
The HRC is concerned, however, that the proposed system of investigation should not be used in such a way as to compromise the rights of persons whose actions are being investigated, persons giving evidence before a commission of investigation, or persons whose rights may be affected by evidence made public in the report or proceedings of an investigation. Neither should the commission of investigation be used to instigate auxiliary investigations into the actions of persons already under investigation in other fora.
The key point for the HRC is that the selected forum of investigation is appropriate in the circumstances of each particular case. The selection of the forum of investigation will depend on a number of factors, including whether the investigation pertains to an alleged violation of human rights and the nature of that alleged violation. The HRC stresses that European human rights law is clear that any allegation of serious human rights violations, particularly cases involving loss of life or allegations of torture or inhuman or degrading treatment, will require public investigation where those responsible can be identified. In such cases commissions of investigation would be inappropriate bodies to investigate such cases. The HRC notes the Government has also expressed its intention to publish a Coroners Amendment Bill later this year which will also be of crucial significance on the issue of effective remedies in cases relating to the loss of life.
With these points in mind, the Commission’s submission to the Minister makes a number of recommendations in relation to safeguards:
– Proper processes are put in place, including consultation with the HRC and other investigatory bodies, to ensure that commission of investigation are only used to examine appropriate matters. Specifically, we wish to ensure that this type of procedure is not used to investigate serious human right abuses which may necessitate public or judicial investigations or matters where individuals before an inquiry may require string legal protections.
– Persons appointed to commissions of investigation have the required level of expertise and independence to ensure that all relevant human rights issues are properly considered during the proceedings of the commission.
– Private hearings as envisaged in the Bill, while appropriate for forensic examinations of factual matters, would not be appropriate for investigating allegations of serious human rights abuses and that steps should be taken to ensure that human rights concerns are central to any decision-making process relating to the holding of public or private examinations of evidence.
"Ensuring the protection of human rights within the administration of justice is a priority area of concern to the Human Rights Commission. We support the objective of this Bill in providing more timely and accessible means of investigating certain matters. However, expediency should not lead to any compromise or dilution of the rights of persons who may appear before such a commission of investigation and we urge the Minister to give due consideration to the safeguards we are proposing" stated the President of the Commission, Dr. Maurice Manning.
Copy of the Human Rights Commission’s submission is attached for your information.
A spokesperson from the Commission is available for comment.
For further information, please contact:
Mary Ruddy
Senior Human Rights Awareness Officer
Human Rights Commission
Tel. 01 8589 601 / 01 8589 628
Mobile: 087 6407765
E-mail: mruddy@ihrc.ie
Copies of all Human Rights Commission Submissions can be found on the Commission website: http://www.ihrc.ie
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