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An Garda Síochána has 'never fully embraced human rights standards'

A report by the Irish Council for Civil Liberties has criticised some Garda policies and practices.

THERE IS A “serious gap” in human rights compliance in a number of areas in An Garda Síochána’a policy and practice, the Irish Council for Civil Liberties (ICCL) has said.

A report launched today criticises a number of areas including the policing of protests, investigation of hate crime, stop-and-search practices, State security, and the treatment of people in Garda detention.

The report was conducted by Alyson Kilpatrick, a former human rights advisor to the Policing Board of Northern Ireland.

Speaking about the research, Liam Herrick, Director of the ICCL, said An Garda Síochána has “never fully embraced human rights standards and values”.

“This was evidenced, yet again, by serious concerns arising from the Garda operation on Tuesday night at an eviction on Frederick St (in Dublin city).”

Gardaí were criticised for covering their faces at the eviction, a move Garda Commissioner Drew Harris said was “not correct”.

Garda reform 

Herrick said the report “makes the compelling argument that taking human rights seriously at all levels of Irish policing will have profound benefits for gardaí and for the communities they serve”.

He noted that “a comprehensive Garda reform process” will arise from the imminent publication of the report of the Commission on the Future of Policing in Ireland.

He said the ICCL report “provides a blueprint for how to deliver radical overhaul of Irish policing around human rights principles, drawing on the experience of the transformation of policing culture and practice in Northern Ireland”.

While of course the gardaí do not have all of the problems that have historically beset policing in Northern Ireland, there are many practical lessons we can learn from the experience there.

In the report, Kilpatrick highlights particular problems with the oversight and accountability mechanisms of State security, recommending that An Garda Síochána should develop and publish written policy on all covert activity.

Where they cannot be published for security reasons, Kilpatrick recommends that these policies be made accessible to a human rights legal expert in the Policing Authority.

Use of force

The report also details problems with Garda use of force. It notes that gardaí are likely to use pepper spray at a higher rate than the Metropolitan Police or the PSNI, but that this is difficult to tell given the lack of statistics available.

Kilpatrick recommends recording all circumstances of deployments of weapons or use of force, together with an explanation of the circumstances, location of use, outcome and the identity of the garda(í) involved. She further recommends sharing this information with the Policing Authority and publishing all related statistics.

If implemented correctly, a rights-based approach will not only protect the people that the gardaí come into contact with, but it will protect gardaí themselves by positively transforming policy, practice and philosophy.

“It also provides a roadmap for An Garda Síochána to fulfill their legal obligations, and their own mission statement, and become a rights-compliant police force which keeps the best interests of all the people it comes into contact with, including gardaí themselves, at heart,” Kilpatrick said.

Code of Ethics 

John Twomey, Deputy Commissioner of Policing and Security, said An Garda Síochána “will study the recommendations from the ICCL”, adding: “Any ideas on how An Garda Síochána can strengthen its delivery of a human rights-based policing and security service are always welcome.

Respecting and protecting the human rights of all individuals we interact with is one of the three key policing principles that guide how we deliver our service to the public.

Twomey said that since his recent appointment as Garda Commissioner, Harris publicly stated the importance of An Garda Síochána “delivering an ethical policing and security service with a focus on protecting the vulnerable”.

“For example, in his recent address to Garda recruits, Commissioner Harris said that maintaining and building trust in An Garda Síochána was dependent on Garda members, Garda staff and Garda reserves treating everyone they meet with respect, dignity and empathy.”

Twomey added that all Garda members and staff are in the process of being trained in the Code of Ethics. More than 10,000 personnel have been trained to date.

A Strategic Human Rights Advisory Committee is also being re-established, with the membership proposed to expand to include external experts in this area.

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    Mute New Boy
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    Mar 27th 2024, 3:42 PM

    Stop wasting money on ..Cameras ..Cycle lanes ..Speed bumps in cities and towns…Concentrate more on secondary roads and country roads where most of these accidents happen

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    Mute Jp Cleary
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    Mar 27th 2024, 5:30 PM

    @New Boy: Don’t forget the money spent on Vision 0 advertising and TV ads. Would love to know who came up with that.

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    Mute Sean O'Dhubhghaill
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    Mar 27th 2024, 5:49 PM

    @New Boy: So, cameras, cycle lanes and speed bumps reduce accidents! Let’s have morevof them!

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    Mute Thesaltyurchin
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    Mar 28th 2024, 10:16 AM

    @Sean O’Dhubhghaill: Its a very valid point, another death involving a truck, at what point to we reign transport companies in and implement a system of road use?.. answer never. Emo’ is only interested in the quays

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    Mute Padraig O'Brien
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    Mar 27th 2024, 4:24 PM

    A longitudinal study by the Royal Society for the Prevention of Accidents in the UK found the primary cause of fatal accidents to be poor road design/construction on secondary roads. As usual we get lectured about drink/drug driving, speeding and mobile phone use. In other words it’s our fault and nothing to do with the handsomely paid professionals.

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    Mute A Kelly
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    Mar 27th 2024, 9:50 PM

    @Padraig O’Brien: couldn’t find the report you refer to, but found this one: https://www.rospa.com/news-and-views/tyre-safety

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    Mute A Kelly
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    Mar 27th 2024, 9:50 PM
    4
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    Mute A Kelly
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    Mar 27th 2024, 9:54 PM
    3
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    Mute Thesaltyurchin
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    Mar 28th 2024, 10:18 AM

    @Padraig O’Brien: Ultimately this is the crux of the entire situation, it’s systemically bad management and complete unwillingness to understand the situation.

    3
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    Mute AnthonyK
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    Mar 27th 2024, 4:19 PM

    Had to get two new shock absorbers for the car the other day. Had hit a pothole on the N2. Mechanic said tracking would also have to be sorted. Said incorrect alignment will result in rapid irregular tyre wear and will affect the handling and safety of the vehicle. Said ramps and bumps etc on the roads cause this. I wonder when they test vehi les after fatal car crashes do they check for these things, and if so, do they tell the authorities. Or do the authorities turn a blind eye because the Greens love speed bumps.

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    Mute Soundy Sound
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    Mar 27th 2024, 5:04 PM

    @AnthonyK: your hot take is that speedbumps are the cause of Ireland’s traffic fatalities? And you are actually allowed to drive a vehicle! I despair.

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    Mute ItWasLikeThatWhenIGotHere
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    Mar 27th 2024, 5:11 PM

    @Soundy Sound: @Soundy Sound: The condition of the roads would be a major cause of road accidents.

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    Mute Soundy Sound
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    Mar 27th 2024, 5:49 PM

    @ItWasLikeThatWhenIGotHere: that poster was blaming speed bumps and ramps, not poor road conditions.

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    Mute Ciaran
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    Mar 27th 2024, 6:35 PM

    @AnthonyK:
    Speed bumps will damage your car if taken at speed. Slow down, and they won’t cause any damage.

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    Mute eoin fitzpatrick
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    Mar 27th 2024, 6:37 PM

    @AnthonyK: Greens love speed bumps, Dublin has been covered in speed bumps for decades. You people probably think it’s the Greens’ fault you can’t satisfy your wives.

    16
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    Mute A Kelly
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    Mar 27th 2024, 9:57 PM

    @AnthonyK: yes they do. tyres are the no.1 item on cars that are usually found to be illegal after an incident. tyre condition is affected by normal wear and tear and also damaged due to driver behaviour/driving style.

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    Mute Ciaran O Donoghue
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    Mar 27th 2024, 4:27 PM

    They should release the statistics and causes of the crashes.

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    Mute Eileen Kelly
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    Mar 27th 2024, 7:21 PM

    @Ciaran O Donoghue: Exactly but it will never happen, each party will point to the same drink/drugs/mobile phone use etc and while each of these do contribute to accidents/crashes there will be no discussion on single vehicle accidents which contribute hugely to multiple victims or any other cause relating to bad roads, poor lighting, locating road crossings at roundabouts, poorly designed roads/intersections, fatigue, poor weather conditions and other road users who disregard the rules of the road. Until the exact cause of each crash is identified and acknowledged then it is pointless discussing numbers, no amount of gardai and checkpoints will prevent single vehicle accidents which usually take place in rural areas. There are so many factors involved but we only hear of the same rhetoric which disregards the multiple factors leading to road fatalities , nothing will change until it all changes , we have a right to know what happened when lives are lost.

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    Mute declan sweeney
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    Mar 27th 2024, 7:26 PM

    @Ciaran O Donoghue:

    Agree and the amount of people killed or seriously injured by not wearing their seat belt would be the most interesting, we had a number of multiple fatalities crashes last summer it would ne interesting were any of them wearing seatbelts,

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    Mute Thesaltyurchin
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    Mar 28th 2024, 10:19 AM

    @Ciaran O Donoghue: Circumstantial nuance is not ‘stick’ enough to beat us.

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    Mute HisMastersAlibi
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    Mar 27th 2024, 4:42 PM

    I’m on the road all day, every day. I will have at least 2 proper close calls with bad drivers every Week. 3 things are very common amongst them,crossing center line,pulling out of junctions right infront of me and obvious phone use. On top of that the level of abuse I get has increased over the past 15 years,especially worse over the past 5 years or so.

    The roads are shocking also,pot holes,rough uneven surfaces,overgrown hedges,worn paint lines with no cats eyes. I’ve broken many an alloy and suspension parts over the years. On a whole,it’s mad out there unless you are on a nice motorway,which I’ve noticed speedvans have become very common.

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    Mute Larry Betts
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    Mar 27th 2024, 8:41 PM

    @HisMastersAlibi: In the past two weeks,I’ve encountered about 10 speed vans. 9 of them have been on dual carriageways and motorways ,the other was on the approach to a town where the limit is 50kmh. None to be found at any serious accident blackspots,or hazardous locations. As a result,drivers see being caught speeding as a money making exercise,and rightly so. If these vans were more strategically placed,drivers would take more notice of the conditions,and have more respect for the speed vans who are there to prevent accidents.

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    Mute Thesaltyurchin
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    Mar 28th 2024, 10:21 AM

    @HisMastersAlibi: Yea, people are mad as hell right now, prices are ridiculous, plus everyone has to be in the same place at the same time.

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    Mute KTH
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    Mar 27th 2024, 3:42 PM

    It breaks my heat reading so many articles about deaths on the road, and we we never hear of god knows how many hospitalizations from injuries in crashes,
    A proper road police devision with quadruple or more unit’s on the roads 24/7 with enforcement of road laws would help the situation.

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    Mute Donna Fallon
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    Mar 28th 2024, 1:27 PM

    @KTH: so true… we only receive stats on fatalities. The amount of life changing injuries are never reported. I personally loved driving but can’t afford to anymore. I could also write a book on the level of driver incompetence (roundabouts and motorways in particular like WTW) I’ve encountered.

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    Mute Larissa Caroline Nikolaus
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    Mar 27th 2024, 6:14 PM

    More checkpoints are definitely not the answer, more patrols and actually focusing on road safety instead of revenue collection in form of checking for tax discs and such, which have no bearing on roadworthiness, patrol the motorways and roads, tackle dangerous overtaking and set up checkpoints outside pubs to tackle drink driving and invest in better public transport

    41
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    Mute Murray Mitchell
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    Mar 27th 2024, 5:08 PM

    How about a day’s training for all road users. Other countries do this for transgressors of the road safety laws, some even allow it to be used for a discount on insurance. The current vision zero has failed. Time for a new approach to road safety.

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    Mute Dramafree 2023
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    Mar 27th 2024, 4:23 PM

    Just putting it out there… if they know this information.. why not take immediate action to prevent it. use that figure as a if we do nothing x will happen if we do x y and z we can save x. It would seem like an opportunity to intervene.

    31
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    Mute did you every wonder
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    Mar 27th 2024, 4:17 PM

    RIP to those killed. Should patrol the roads with garda drones. That would cover a lot more area. Also need the driving theory test as a leaving cert subject.

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    Mute Jp Cleary
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    Mar 27th 2024, 5:17 PM

    @did you every wonder: No. We have Barbie instead

    25
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    Mute Mick Hanna
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    Mar 27th 2024, 5:21 PM

    It’s truly horrific. The chances of it ever getting to Zero IS Zero…unfortunately.

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    Mute Donna Fallon
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    Mar 28th 2024, 1:30 PM

    @Mick Hanna: Mick no offence but we’re never going to get to zero Man- there are risks in every element of life.

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    Mute Patrice Ahern
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    Mar 27th 2024, 7:16 PM

    On a slightly related matter, the jehovah witness case is set to run & run. Religion!!!??? I pity the doctors who want to do what they feel they have to do to save him but also I feel the hot breath of solicitors breathing down their backs. Who’d want to be a doctor in cases like this? Certainly not me.

    23
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    Mute Kieran Mac C
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    Mar 27th 2024, 6:55 PM

    Can the Irish government prosecute Hamas for its policies? Hamas policies are planned, deliberate and intended to terrorise.
    Those who accuse Israel of genocide, please note they aren’t very good at it. Also, a recent study has shown the casualty figures released by Hamas are statistically impossible, when age and gender are factored in.

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    Mute Mannix Loganfxxx
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    Mar 27th 2024, 11:21 PM

    Our driving test is a joke. No driving at night, no overtake and all done in a built up area. The RSA is a waste of money. No educational awareness programmes in schools for people about to start driving for the first time. My daughter who is in transition year recently came home to say she had a talk from Roads Policing gardai who came to their school and gave a talk called LifeSaver. She said it had a huge impact on all the students as the Gardai gave them the reality of what is happening on the roads especially with young drivers. Not half enough of this happening around the country.

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    Mute Donna Fallon
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    Mar 28th 2024, 1:27 PM

    @Mannix Loganfxxx: couldn’t agree more Man x

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    Mute Chutes
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    Mar 27th 2024, 7:41 PM

    Roads are dangerous, you take your chances every time you drive! People die! That will always be a fact. There will always be a number of deaths you can’t get below. It’s just an easy target for politicians and others bereft of ideas. Soundbites to them is all!

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    Mute AnthonyK
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    Mar 27th 2024, 7:03 PM

    @Eoin Fitzpatric: all my wives have been satisfied…

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    Mute Clare Maurer
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    Mar 27th 2024, 7:33 PM

    Have people stopped proofreading articles?

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    Mute fergus power
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    Mar 27th 2024, 8:15 PM

    Genuine question..
    Why do the vast majority of cyclists not have mirror’s..?
    I know their heads turn

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    Mute Larry Betts
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    Mar 27th 2024, 8:52 PM

    @fergus power: The last thing they want to see is how they look in Lycra

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