Anti-torture group focuses on Garda custody

The alleged ill-treatment of suspects in Garda custody was one of the key issues investigated by a European anti-torture committee…

The alleged ill-treatment of suspects in Garda custody was one of the key issues investigated by a European anti-torture committee which visited the State earlier this month.

The European Committee for the Prevention of Torture (CPT), which operates under the ambit of the Council of Europe, confirmed yesterday it had provided its preliminary observations to Irish authorities.

A spokesman for the Department of Justice said they were being examined and there were no plans to release the report at this stage.

A formal and more detailed report, including the Government's response, is due to be published in about a year's time.

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The international group inspected detention facilities in 10 Garda stations, seven prisons and the Central Mental Hospital during its two-week visit. The delegation also reviewed the measures taken by Irish authorities to respond to recommendations it made during previous visits.

On its last visit in 2002, it expressed concern about ill-treatment of people in Garda custody, the use of padded cells in prisons and the lack of the right to a lawyer while being questioned.

On this occasion, the committee said it paid particular attention to the treatment of suspects in Garda custody and the operation of various safeguards.

The committee met a number of Government Ministers, including Michael McDowell and Mary Harney, along with the Deputy Garda Commissioner, Fachtna Murphy, and the Inspector of Prisons, Dermot Kinlen. It also met the recently appointed Garda Ombudsman Commission and representatives of the Irish Human Rights Commission.

At the beginning of the visit, the Irish Council for Civil Liberties (ICCL) held a private meeting with the CPT's delegation, during which it emphasised the need for the Garda Síochána to be made fully accountable and human-rights compliant.

Mark Kelly, director of the ICCL, said: "A number of very significant steps have been taken to create new Garda accountability mechanisms. However, the Tánaiste and Minister for Justice and the Garda Commissioner have yet to outline the concrete measures that they intend to take to ensure that Garda management take full account of the recommendations of recent tribunals, including Barr and Morris."

He added: "The ICCL emphasised to the CPT's delegation that it is vital that the Government be held to account for the implementation of the necessary reforms."

On the committee's 2002 visit, it heard allegations of ill-treatment included blows with batons and kicks and punches to various parts of the body. In a few cases it was told the ill-treatment was administered in such a way as to avoid leaving visible marks.

As well as visiting Garda stations during its most recent visit, the delegation examined a number of issues relating to prisons, including the conditions of detention of inmates; violence among prisoners; the provision of healthcare; and issues relating to complaints and discipline.

The mental healthcare of prisoners and care provided to forensic psychiatric patients also featured prominently.