As the Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (‘CPT’) carried out their eighth visit to Ireland from 21st May to 31st May 2024, the Irish Human Rights and Equality Commission (‘the Commission’) highlighted growing evidence of restrictions in International Protection accommodation and children’s residential settings to the Council of Europe Delegation. The CPT visits places of detention in order to assess how people deprived of their liberty are treated, based on established European standards. As the incoming Coordinating National Preventative Mechanism (‘NPM’) the Commission met with and briefed the delegation at the start of their visit, highlighting areas of concern. We emphasised the need for Government to prioritise the publication and enactment of the Inspection of Places of Detention Bill, and for the much delayed Optional Protocol to the UN Convention against Torture* (‘OPCAT’), to finally be ratified. In line with the CPT’s remit, we included information on areas of de facto and non-traditional detention, highlighting growing evidence of restrictions and conditions in international protection accommodation, children’s residential care settings, and nursing homes. In doing so, we sought the CPT’s expert and direct assessment of our concerns. We also brought the Committee’s attention to immigration detention practices in Ireland, and the lack of transparency within the system. Overall, we highlighted to the CPT a number of systemic issues in Ireland which require priority attention. These include:
- lengthy delays in improving protections through legislative reform;
- gaps in complaints, monitoring and inspection procedures;
- the growing reliance on private providers to provide services;
- staffing and capacity issues, including insufficient human rights and equality training, across multiple sectors;
- the lack of community supports as an alternative to detention;
- and the failure to consistently meet human rights and equality standards on material conditions and the use of restrictive practices.
Commission Director Deirdre Malone said:
“The ratification and implementation of OPCAT is fundamental to ensuring that our places of detention are human rights compliant. The years of delay by the in State in ratifying is unacceptable. It is crucial that we, as the national human rights and equality body, commence our vital work as co-ordinating NPM as soon as possible. The State needs to prioritise the publication and enactment of the Inspection of Places of Detention Bill, together with adequate funding to enable us to discharge our NPM functions effectively.”
Other Commission Recommendations included On Policing: That the CPT engage in a dialogue with the State on policing reform since its last visit, including delays in progress, ongoing gaps in oversight mechanisms, the proposed expansion of Garda powers without adequate safeguards, and the introduction of legislation on recording devices and facial recognition technology. On Prisons: That the CPT request information from the State on the work of the Prison Overcrowding Response Group to prioritise non-custodial alternatives for remand and sentenced prisoners. On Mental Health Establishments: That the CPT promote UNCRPD-compliant legislative and policy reform on mental health in Ireland, including the urgent publication of the Mental Health Bill and the Protection of Liberty Safeguards Bill. On Children: That the CPT ask the State to obtain information from senior officials at Oberstown Children Detention Campus on plans to address recruitment and retention issues. And that it reviews the actions of Oberstown Children Detention Campus in relation to its obligations under the Public Sector Duty, including specific policies aimed at Traveller children in detention. On Structurally Vulnerable Groups: That the CPT assess the detention of disabled people by law enforcement agencies and seek an update from the State on its implementation of the recommendations of the Committee on the Elimination of Racial Discrimination on racial profiling, and its response to research evidence on discrimination by Gardaí on the grounds of race and ethnicity. On Immigration Detention: That the CPT request updated data on the number of people detained under immigration legislation, the grounds for detention, and the length of detention. ENDS/ For further information, please contact: Sarah Clarkin, IHREC Communications Manager, 01 852 9641 / 087 468 7760 sarah.clarkin@ihrec.ie Follow us on twitter @_IHREC
Editors Notes:
IHREC’s Submission is available here: Ireland and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment - IHREC - Irish Human Rights and Equality Commission Preventing Torture – The Role of National Preventative Mechanisms To find more information on NPMs and their role in preventing torture, you can access a Practical Guide issued by the Office of the United Nations High Commissioner for Human Rights by clicking here. The Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) The CPT was established under the Council of Europe’s “European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment”, which came into force in 1989. The CPT, composed of independent experts, provides a non-judicial preventive mechanism to protect people deprived of their liberty against torture and other forms of ill-treatment. It may make recommendations and suggest improvements in order to strengthen protections at a national level in State parties.
Irish Human Rights and Equality Commission
The Irish Human Rights and Equality Commission is an independent public body, appointed by the President and directly accountable to the Oireachtas. The Commission has a statutory remit set out under the Irish Human Rights and Equality Commission Act (2014) to protect and promote human rights and equality in Ireland, and build a culture of respect for human rights, equality and intercultural understanding in the State. The Irish Human Rights and Equality Commission is Ireland’s national human rights institution and national equality body, and is recognised as such by the Council of Europe.