THE GOVERNMENT will face questioning by the UN’s Committee Against Torture in Geneva today and tomorrow on its record on the rights of those detained by the State.
This is the first time Ireland has been asked about its record as part of the monitoring process carried out by the UN committee.
The Government will be asked about conditions in prisons, the treatment of asylum seekers and of the women who were sent to work in the Magdalene laundries.
Last Friday the committee was briefed privately by the Irish Human Rights Commission and by a group of human rights NGOs.
They all raised concerns about conditions in prisons, including the continuing practice of “slopping out” and the breach of the human rights of prisoners, asylum seekers and children in detention.
In its briefing, the commission recommended an overhaul of penal policy, including the immediate end to slopping out and to overcrowding, and improvements in the protection of the human rights of people with mental illness who are detained.
The Irish Council for Civil Liberties, the Irish Penal Reform Trust and the Justice for Magdalenes group told the UN experts that the human rights of prisoners, asylum seekers and former Magdalene women were being breached in Ireland.
A report presented by the NGOs identifies serious shortcomings in the prison system, rehabilitation services for victims of torture and access to a lawyer during Garda questioning.
They also expressed grave concern about the conditions in prisons. Overcrowding, lack of sanitation and escalating prisoner violence were among the major concerns.
The Government delegation is led by secretary general of the Department of Justice, Seán Aylward. At the hearings, to be held in public today and tomorrow, it will answer questions about the State’s human rights record.
Liam Herrick, executive director of the Irish Penal Reform Trust, criticised the Government’s own report to the UN committee over its efforts to prevent inhuman and degrading treatment.
“Incredibly, given the national and international reports on overcrowding, lack of in-cell sanitation, and escalating inter-prisoner violence, the State report is largely silent on these acute human rights issues within the prisons,” he said.
The human rights commission highlighted problems related to the treatment of children and people with mental illness who are detained, saying some living conditions in the Central Mental Hospital in Dundrum fell below international standards.
Dr Maurice Manning, president of the Irish Human Rights Commission, said: “Children should not be detained in adult facilities, nor be supervised by inadequately vetted staff. Children should have access to adequate educational, mental health and other services tailored to their age.
“They should know their rights and understand how to have their concerns heard and addressed in a fair and child-friendly manner.”
He said the mandate of the Ombudsman for Children should be widened immediately to include children detained in St Patrick’s Institution. The human rights commission and the NGOs called for the establishment of an independent statutory complaints mechanism for all those deprived of their liberty.
Referring to asylum seekers, he said the decisions of the Refugee Appeals Tribunal should be published as a matter of course and be generally accessible, with the identity of the persons concerned protected. The powers of the Garda Síochána Ombudsman Commission should be reinforced so that it could carry out a review of the work of the Garda in order to prevent and reduce complaints, he said.
New figures from the Department of Justice show there were 4,490 prisoners in custody and 835 on temporary release last week, more than double the total in 1997.
In a reply to a parliamentary question, Minister for Justice Alan Shatter said measures were being taken to upgrade prison capacity and to provide alternatives to custody.