The Irish Human Rights Commission (IHRC) has submitted observations to the Government on the Third Report of the European Committee for the Prevention of Torture (CPT) following the Committee’s visit to Ireland in February 2002. The observations measure the extent to which the Government has taken action to address the issues of concern identified by the CPT and makes recommendations on what actions should be taken to meet international human rights standards
The President of the Human Rights Commission, Dr. Maurice Manning, stated "It is a matter of concern to us in the Commission that the Report of the Committee for the Prevention of Torture has noted a number of areas in which the rights of those in detention – in police custody, in prisons, in mental health institutions, and in children’s centres – are not respected to the level demanded under international treaties to which Ireland is a party".
Ireland ratified the Council of Europe Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment in 1988. Under this Convention, the Committee for the Prevention of Torture has the right to visit and report on places of detention. It has visited Ireland on three occasions: 1993; 1998; and 2002.
In the view of the Commission inadequate, or in some cases, no action has been taken by the Government to address a number of issues highlighted by the CPT in relation to the treatment of persons deprived of their liberty. The IHRC notes that the CPT has consistently highlighted a number of these problems since its first visit to Ireland in 1993.
Amongst the main recommendations made by the IHRC are the following:
• Immediate steps should be taken to bring to an end the practice of holding mentally ill prisoners in padded cells and to ensure their transfer without delay to the Central Mental Hospital (CMH). In February 2002 the CPT immediately communicated its urgent concern to the Government that the practice of detaining prisoners in need of psychiatric treatment in padded cells for long periods because of the lack of places in the CMH could well be characterised as inhuman and degrading treatment. The CPT called on the Government to take immediate steps to bring this practice to an end and to ensure the transfer of patients to the CMH without delay. The IHRC is gravely concerned that the detention of persons in padded cells awaiting transfer to the CMH remains widespread; progress has been extremely slow in creating more beds in the CMH for prisoners being transferred; and there has been limited progress in providing and utilising safety observation cells within the prison system. The CPT has been highlighting its concerns on this issue since 1993. The Commission notes that yesterday in the Dáil the Minister for Justice, Equality and Law Reform again reiterated his intention to address this issue. However, while some safety observation cells have been built in Cloverhill Prison, the use of padded cells persists throughout the Irish prison system.
– In line with its commitment to the CPT the Government should amend the Criminal Law (Insanity) Bill 2002 to provide protection for those persons transferred from prison to the Central Mental Hospital whether on remand or following sentence by Ministerial Order.
– In line with the CPT Standards, the Garda Síochána Bill 2004 should be amended to give the Ombudsman Commission the power to visit and inspect a Garda station of its own volition in a regular and unannounced fashion.
– The Criminal Justice Act 1984 (Electronic Recording of Interviews) Regulations 1997 should be amended to require members of the Garda Síochána to video-record all interviews carried out with suspects in custody. Only exceptional extenuating circumstances can justify non-compliance with this requirement.
– Human rights concepts should be fully integrated into all the training of An Garda Síochána. The IHRC also calls for the publication of the commissioned human rights audit of Garda policies and strategies.
– The independence, functions and powers of the Inspector of Prisons should be laid down in statute as a matter of priority. In addition, an independent and impartial individual complaints mechanism for prisoners such as a Prison Ombudsman should be established. The Prison Ombudsman should have the power to receive and hear complaints from prisoners; to effectively investigate all allegations of ill-treatment of prisoners, and to take the appropriate action on the basis of the findings of its investigation.
– A systematic audit of prison conditions should be carried out with reference to the CPT Standards and a long-term prison strategy should be put in place to address the conditions of detention. The IHRC is gravely concerned that the overall conditions of detention in much of the Irish prison system are unsatisfactory and do not comply with the CPT Standards and the developing requirements under Article 3 of the European Convention on Human Rights. Many Irish prisons are persistently over-crowded, they lack adequate sanitation facilities, and have insufficient education and employment programmes. The CPT has been highlighting these issues since its first visit to Ireland in 1993 but there is little evidence of progressive improvement in prison conditions over this time.
– Prison is not a suitable institution in which to hold persons who are subject to a deportation order and who have not been convicted of a criminal offence. Specially designated detention centres with a more relaxed regime would be more suitable for immigration detainees and their families.
– The proposal by the Government to redevelop the new Central Mental Hospital on the same site as the new Mountjoy prison is a matter of grave concern to the IHRC. The IHRC considers that this is highly inappropriate and could undermine the right of mentally ill patients to be treated in a hospital environment.
– In light of the recommendations of the CPT and a recent judgement of the European Court of Human Rights, a comprehensive legislative framework should be put in place to regulate the admittance and treatment of persons with intellectual disabilities in residential centres and psychiatric hospitals. Compliant incapacitated persons who are incapable of consenting or objecting to admittance can now be regarded as being "deprived of their liberty" within the meaning of Article 5 of the ECHR. Therefore, they should be afforded the same protections and safeguards as persons involuntarily committed under part 2 of the Mental Health Act 2001.
– The remaining parts of the Children Act 2001 should be commenced without further delay, and sufficient resources should be provided to fund early intervention programmes and community based sanctions to ensure that the principle of detention of juveniles as a measure of last resort is effectively complied with. Children should not be detained under any circumstances in police stations or prisons because there are no places available for them in a suitable institution.
"The overarching theme of our recommendations to Government is the need for accountability by those charged with dealing with this vulnerable sector, i.e. detained persons, and within that with particularly vulnerable groups such as children, immigrants and persons with mental disabilities. The recommendations we make are specific and in many instances reiterate the views expressed in the CPT Report, and we hope the Government will give careful consideration to them" concluded Dr. Manning.
A 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
Irish Human Rights Commission
Tel. 01 8589 601
Copies of all Human Rights Commission submissions can be found on the Commission website: http://www.ihrc.ie
Background Information
In November 1987 the Council of Europe agreed the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. Ireland ratified this Convention in 1988.
The Preamble to that Convention states that the member States of the Council of Europe:
"Convinced that the protection of persons deprived of their liberty against torture and inhuman or degrading treatment or punishment could be strengthened by non-judicial means of a preventative character based on visits,
Have agreed as follows:
Article 1
There shall be established a European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Committee shall, by means of visits, examine the treatment of persons deprived of liberty with a view to strengthening, if necessary the protection of such persons from torture and from inhuman or degrading treatment or punishment."
The CPT, therefore, acts as an auxiliary mechanism to the European Court of Human Rights in the protection of detained persons’ rights. It operates by means of periodic visits to places of detention (e.g. prisons and juvenile detention centres, police stations and psychiatric hospitals) in each member State.
The CPT generally visits each member State at four-yearly intervals, but also makes exceptional visits if required in special circumstances. It has visited Ireland on three occasions: 1993; 1998; and 2002.
On each occasion the CPT has written a report of its visit to Ireland highlighting issues of concern in relation to the treatment of persons deprived of their liberty and making recommendations for reform of law, policy and practice. Upon publishing the CPT reports the Government also publishes a response outlining the legislative and policy measures that are in place or that are being developed to respond to the concerns of the CPT. Although the deliberations, reports and recommendations of the CPT are confidential in nature, the general practice among member States is to publish the CPT’s findings within 6 months of receiving them. The CPT’s Report on its 2002 visit was published in conjunction with the government’s response on 18 September 2003.