IRELAND MAKES a rare appearance before the Grand Chamber of the European Court of Human Rights in Strasbourg today to face allegations of violating the rights of Maze escapee Brendan McFarlane. The complaint relates to his allegations of delay in bringing a prosecution against him in relation to the Don Tidey kidnapping in 1983. His trial on these charges eventually did take place in June 2008, when he was acquitted.
Most cases in the court take place before a chamber of seven judges. However, where a case raises a serious question of interpretation of the European Convention on Human Rights, or where there is a risk of departing from existing case law, a chamber may relinquish jurisdiction to the Grand Chamber.
In 2005 the Strasbourg court, in a chamber ruling, ruled against Ireland on the issue of delay, with Dr James Barry succeeded in his claim that there had been unjustifiable delay in bringing a prosecution against him on sexual assault charges. The charges were subsequently struck out.
In this case, Mr McFarlane is asking the court for a ruling that the State deprived him of a fair trial in not charging him with offences related to the 1983 kidnapping until 1998, and to further delay in that this trial did not eventually take place until 2008.
He is making a separate complaint that his judicial review proceedings challenging the delay, which began in November 1999, were not concluded until March 2006, and that there were further delays while he litigated residual issues before the courts between November 2006 and March 2008.