601 / 736
In failing to provide an opportunity for a full
debate in the Dail on this issue the Government
had
belittled
the
parliamentary
process,
the
association said.
The following is the text of the association's
statement:
"One of the aims of this association is the up
holding of the Rule of Law.
Any exercise of
arbitrary power by the Executive or any by-passing
of the courts of law and the ordinary legal pro
cesses is a derogation from the Rule of Law. Only
the gravest threat to the safety of the nation could
justify such a course. This country has accepted
that view by adhering to the European Convention
of Human Rights which prohibits detention with
out trial save "in time of war or other public
emergency threatening the nation." Although we
concede that a full evaluation of the situation is
amatter for the Executive, acting on the infor
mation placed before it, we consider it essential
to ensure that the public have confidence in that
evaluation. The public should be satisfied that
the Executive's decision is bona fide, arrived at
only after the most careful consideration of definite
and reliable information. We do not believe that
the public is so satisfied at present.
"In failing to provide an opportunity for a full
debate in Dail Eireann on this extremely impor
tant issue, the Government have belittled the Par
liamentary process. We appreciate that the infor
mation furnished to the Executive by the Depart
ment of Justice is such as cannot be disclosed to
the general public. However, there cannot in our
opinion, be any valid reason to prevent the full
disclosure of that information to the leaders of the
other Parliamentary parties. We strongly urge
that this be done.
"The association considers that there have been
several instances during the past 18 months where
the Government seemed to be reluctant to utilise
the normal process of the law. No sufficient cause
emerged on these occasions, and we believe that
these instances have caused considerable public
disquiet.
"For several years this association have been
making strong representations to the Department
of the Taoiseach about defects and anomalies in
the Offences Against the State Acts. We regret
that the Government have shown no interest in
such representation. In the light of its present
action, it would be distressing to feel that this in
difference represents
the Government's present
attitude to civil liberty."
(Irish Times,
12th December, 1970).
BASQUES AWAIT VERDICT OF COURT
DEPLORED BY JURISTS
While a tense Spain awaited the verdicts in the
military trial of the 16 Basques accused of mur
der and other acts of sabotage, the International
Commission of Jurists called on
the Spanish
authorities to reject the prosecution demand for
death sentences and to investigate the allegations
of torture made by the defendants.
Mr. Sean MacBride,
the
retiring Secretary-
General of the Commission, in a statement in
Geneva, pointed out that in September he had
been given a personal assurance by the Spanish
Minister of Justice, Senor Antonio de Oriol that
any allegations of
tortures anywhere in Spain
which came to the Commissions attention would
be investigated by the Spanish Government and,
if substantiated, punishment meted out to those
responsible.
The Commission, deploring the continued use of
military tribunals for political offences, instead
of civil courts, also emphasised that the law under
which the defendants were tried was the former
decree on banditry and terrorism. This "treats
political prisoners as ordinary bandits and makes
them guilty of the irrelevant crime of military
rebellion", he said.
The Commission says that among the deplorable
features of the trial were the refusal of the tribunal
to allow the defence lawyers to argue the prelim
inary legal submissions, the refusal to allow the
defendants and their lawyers to present their case
properly, the handcuffing of the defendants in
open court, and the admission by the court of
the alleged confessions—while refusing to investi
gate defence allegations that these were obtained
under torture.
(Irish Times,
12th December, 1970)
Note:
On 28th December, 10 of the Basques
were sentenced to a record total of 316 years
imprisonment. Six of the accused were condemned
to death, but these sentences were subsequently
commuted by General Franco on 30th December
to 30 years imprisonment each — grand total of
496 years
imprisonment — an average of 31
years imprisonment for each accused.
EUROPEANS AGITATED OVER
KIDNAPPING
The Council of Europe has unanimously con
demned the current personal attacks on diplomats
143