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THE EUROPEAN COURT of Human Rights has rejected a request by a group known as the ‘Hooded men’ to review their claims that they were tortured by British soldiers in the 1970s.
The European Court of Human Rights had previously rejected the request to review taken by the Irish government against the UK – groups representing the men had asked the Irish government to appeal that decision.
Ireland made the revision request in the case on the grounds that new evidence had emerged, which showed, in particular, that the effects of the ill-treatment had been long-term and severe.
In a ruling handed down today, the Court found that the Irish government “had not demonstrated the existence of facts that were unknown to the court at the time or which would have had a decisive influence on the original judgment”.
There was therefore no justification to revise the judgment, it said.
The revision request was dismissed by six votes to one by a Chamber. The judge elected in respect of Ireland issued a dissenting opinion.
Although the European Commission of Human Rights found in 1976 that the ‘five techniques’ used on the men amounted to torture, the European Court of Human Rights reversed that finding two years later.
By 13 votes to 4, and without hearing evidence from the men, it found that although the events “undoubtedly amounted to inhuman and degrading treatment… they did not occasion suffering of the particular intensity and cruelty implied by the word ‘torture’”.
Reacting to the news today, one of the Hooded Men Francis McGuigan said:
Whilst today is yet another setback, it is by no means the end. We have already received a legal ruling confirming our treatment was torture.
It is disappointing that the European Court missed an opportunity to correct such an unjust ruling, however we now eagerly await the Court of Appeal’s decision, and seeing those responsible held accountable.
Reaction
A statement from the legal teams representing the men was issued in response to the decision, saying that this case “was always highly supercharged”.
It is concerning that the Court has allowed, for a second time, the injustice that is the first ruling to go unscathed. For too long the first ruling has been used for a number of international states as a battering ram against human rights protections, when utilising torturous techniques.
“However, the campaign for justice for the ‘Hooded men’ is not over. They now eagerly await the judgment by the Court of Appeal in Belfast in which the Chief Constable of the PSNI appealed a decision that requires the identification and prosecution of those individuals whom perpetrated and authorised the techniques are held accountable.”
Noting the judgement given today, Tánaiste and Minister for Foreign Affairs and Trade Simon Coveney said that it was important to note that the men’s case “was founded on a wish to ensure that the brutal treatment they suffered could never be referred to as anything short of torture, in order to maintain human rights standards for all”.
“It is important to say that nothing in the panel decision today or the Court’s ruling on 20 March last altered the Court’s original 1978 judgment that the victims in the case suffered inhuman and degrading treatment, in breach of Article 3 of the Convention.
I recognise that the outcome on the revision application will be deeply disappointing for the men who were the victims of that treatment and who have had to deal with the long-lasting effects.
“The men have campaigned with dignity and determination for many years for the appalling suffering they endured in 1971 to be confirmed as torture. The Government shares that view, which is why it sought the revision of the judgment in 2014.
“Their long campaign is one of dignity, of compassion and of an inextinguishable belief in the universality of human rights, enduring through the deepest of suffering and the darkest of events.”
Members of Coveney’s Department are to meet with the men and their legal representatives to brief them in full on the outcome.
A clear failure in procedure here, not government policy. The inclusion of ministerial criticism in this article is bewildering.
Parish pump……
Isn’t the driver suppose to check the carraiges afterwards to make sure stuff like this doesnt happen?
Yeah and when questioned the driver will be absolved of all responsibility at the behest of the union rep.
Do Irish rail have emergency buttons or pull cords for those with a disability in case of distress.
Yes
Emergency buttons in wheelchair ares, end of coaches and toilets but need to be pulled when train is active so it should of being pressed soon after arrival had nobody arrived.
So Irish Rail are now responsible for charging your phone?
Best thing is he had 3 hours beside a plug and didn’t use it!
No they are not, but they are responsible for a full and complete search of the carriages when the service of the train terminates for whatever reason.
@RonanM, did you even read the article? It specifically says there were no charge points on this train. Keep trolling.
I remember once when I was locked on a train, most expensive pints I’ve ever had.
I’d kind of have assumed that with the modern fleet they’d be well equipped to handle disabled passengers, ramps, wide doors, emergency call buttons etc. It seems a serious failure of processes to allow this to happen. The poor guy.
Irish rail are a f****n joke for disabled passengers. I dread going anywhere with them God knows where I’ll end up because I can’t guarantee a ramp will be where I actually wana go.
Good old journal.. yesterdays news today. The train driver didn’t bother walking through the train before locking all doors, turning off lights etc from the cabin. simple as that.
“journal.. yesterdays news today.”
Yet here you are.
The trains have auto shutdown….
Yet here i am Chris… this was the most read topic on breakingnews website yesterday. at least the bus drivers check the bus before locking up, in case you know some disabled person cant get off or someone is fast asleep at the back of the bus. All doors are locked from the drivers cabin. when the train engine is shut down – the doors cannot be opened.
Why you do frequent a site that has old news? Seems kinda dumb.
Christ these comments show an appalling attitude towards people with disabilities. There is a huge level of ignorance on display here, which is understandable if you don’t work with people with disabilities. What troubles me is that people still seem to think themselves qualified to criticise Ger. As someone who both knows the man in question and treats people with his condition every day I can assure you that it is nowhere near as simple as some people have suggested.
Climbing down out of Irish trains is not easy for people with impaired mobility. Walking along a flat aisle with seats all round to lean on is not the same as descending a high step, across a gap and onto a platform without rails. Indeed many people without impairments find some Irish platforms troublesome to use (the big curve in the platform in Kent Station in Cork anyone?)
I ask you all please, for the sake of people with disabilities, consider the fact that you have neither sufficient information nor adequate qualifications before deciding if someone “disabled enough” to have a valid complaint. Many of these comments add insult to a complete stranger who has already undergone a humiliating experience, that is simply not ok.
I don’t know why the guy is asking Ministers why it happened. It’s not as if they personally run the train service.
Someone should do a check of the train when it stops for many reasons, security etc. They obviously failed this time and left this chap for 35 minutes. It is a mistake and I’m sure it was traumatic for the guy. Get over it and move one. No doubt a financial settlement will wipe the trauma away in an instant.
I know this man personally as a friend and this is the THIRD time this has happened to him on an Irish Rail train. He “got over it” as you so eloquently put it, twice previously and Irish Rail never responded to his complaints or acted on them if it’s happened a third time.
He’s well entitled to publicly come out about his experience, maybe now Irish Rail will be forced to act to make their fleet accessible for all passengers. Or at the very least introduce new work protocols/practices to ensure this doesn’t happen again.
Agree that a new protocol needs to be introduced for many reasons like this for example or security etc.
But to address a Minister directly is, as a previous comment put it bewildering.
@ shane comer well said , the bottom line is nobody gives a damn anymore! just pay your money and put up or shut up. irish rail and others see no reason to look after the customer, customer service means nothing. however, to be a disabled customer your in real trouble! just watch the bus service and how a wheelchair used is treated……many will pull up and just tell them the bus is too packed to take them …even if it isnt!
shane , i am sorry to say we are a long way off making irish rail and others make their fleet accessible for all passengers, the biggest barrier is you are dealing with people that just dont care!
Complete overreaction by all, its not ad if IE set out to do it, nobody is prefect.
There is emergency escapes if he wanted to get out to…
How would he get off the train without the wheelchair ramp???
What a stupid statement. He wasn’t in Lourdes
Using emergency door would open it and people would see.
Anyway the person can walk, so he could of opened and looked out…
Im not defending IE but mistakes happen, blowing it up to the media is attention seeking.
@ronanm you are a knob. A complete one
Very informative Mile….
@ mike – are you taking the p*ss with your profile pic?
https://pbs.twimg.com/profile_images/597603899680411648/Jzq1vnKf_400x400.jpg
The same way he got out of his mobility scooter and got to the seating area..
RonanM, instead of giving out about something you clearly have no knowledge on; why don’t you just be thankful that you can avail of rail services without having to inform them in advance and then when you do get to use the train spend your time worrying whether there will be someone at the other end to help you get off!
Ah Ronan m , the man is wheelchair bound did you not even read the article ?
Same thing happened to a friend of mine. They were left on the train also ! All the lights went out and nobody came with the ramp , just by chance a worker passed by and told them up at the station office !!! Excuse was they didn’t radio threw from cork to say a wheelchair was on board !
Out of myself I hope
What do you expect from a bruton
Same thing happened to a friend of mine. They were left on the train also ! All the lights went out and nobody came with the ramp , just by chance a worker passed by and told them up at the station office !!! Excuse was they didn’t radio threw from cork to say a wheelchair was on board !
Irish Rail customer service is appalling. I spent 30 mind yesterday phoning Kent station to get time table eventually had to ring Dublin to get it. It rang out 4 times.
Google?
Google hasn’t been invented for some people yet.
Maybe they could post one out to you?
Jesus Tony. Hope it works out for you. Dreadful experience.
Learn how to work da Google on the Internet machine!
Irish rail worker? Surely that’s a contradiction. I seen the Dublin to cork train leave heuston one day before any passengers had boarded because nobody was at the gate to check them on. The train travelled to cork empty. That actually happened believe it or not.
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