Members of An Garda Síochána used force and pepper spray “in violation of Garda policies and Ireland’s international human rights obligations” during a recent protest in Dublin, a report has claimed.
Seven members of the Irish Network of Legal Observers were at East Wall Road on Saturday, October 4th, when “an offshoot” from an Ireland Palestine Solidarity Campaign demonstration clashed with members of An Garda Síochána.
Approximately 150 protesters, who were being prevented from accessing the Port Tunnel, twice linked arms to push against a cordon comprised of local Garda officers and members of the public order unit, according to the report.
“Without justification, gardaí restrained and dispersed peaceful (but disruptive) protesters using force and incapacitant (pepper) spray, in violation of Garda policies and Ireland’s international human rights obligations,” the report said.
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Based on the testimony of the observers, who filmed and took note of what occurred, the report was written by Illan rua Wall, lecturer at the Irish Centre for Human Rights, University of Galway, and Emily Williams of the Irish Council for Civil Liberties, which published the report.
There were two confrontations on the East Wall Road between 2pm and 4pm, followed by the dispersal of the protesters after the Garda issued a direction to them to leave.
The report said the observers saw a Garda using his baton to hit a retreating protester, a protester being pushed “with significant force” so they fell to the ground, suffering a broken wrist, a man being held on the ground while one Garda knelt on his back, and batons being used “dangerously close to the heads of protesters, risking injury”.
Gardaí were observed using pepper spray at short range and against retreating protesters, and many members were not wearing identifying badge numbers as required, the report said.
It quoted the UN Human Rights Committee, saying that peaceful assemblies by their “scale or nature can cause disruption, for example of vehicular or pedestrian movement or economic activity”.
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Such consequences, whether intended or not, do not call into question the protection that such assemblies should enjoy, the committee said, according to the report.
In a statement issued on the day, An Garda Síochána said it respected the right to peaceful assembly but that it was subject to public order law.
“An Garda Síochána attempted to engage with the protest group over the course of the afternoon to disperse the protest in a voluntary manner,” it said.
When, despite this, there was a co-ordinated attempt to breach the Garda cordon, an escalation was deployed “in accordance with procedures”.
Two individuals were arrested for public order offences, it said, but, “An Garda Síochána is not aware of any injuries being reported.”
