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GAZETTE
APRIL 1977
INTERNATIONAL SECTION
COUNCIL OF EUROPE
Court of Human Rights
Case of Ireland v. The United Kingdom
Second Part of the Oral Proceedings
Opened 18 April 1977
(I) Brief Outline of the Case
(1) Principal Facts
Faced with the continuing emergency situation, the
Northern Ireland Government brought into operation on
9 August 1971 various special powers involving the
arrest, interrogation and/or detention without trial of
large numbers of persons. These powers continued to be
used after the introduction of direct rule on 30 March
1972 when the functions of the Northern Ireland
Government and Parliament were transferred to United
Kingdom authorities. The main target of the special
powers was stated to be the Irish Republican Army.
After 5 February 1973 the powers were also utilised
against persons suspected of involvement in Loyalist
terrorism.
The legislation granting the special powers evolved
during the course of the present case and the extent to
which recourse was had to them varied from time to time.
Individuals were subjected to one or more of the powers
which, basically, took the form of (a) an initial arrest for
interrogation; (b) prolonged detention for further
investigation; and (c) preventive detention for a period
unlimited in law. The ordinary criminal law remained in
force and in use concurrently with the special powers.
(2) Proceedings before the Commission
In December 1971 the Government of Ireland lodged
an application with the European Commission of Human
Rights alleging that the United Kingdom had
contravened, in relation to Northern Ireland, certain
Articles of the European Convention on Human
Rights. The essence of these allegations was that many
persons held under the special powers had been subjected
to ill-treatment and that the powers themselves were not
in conformity with the Convention and had been used
with discrimination on the grounds of political opinion.
In its report of 25 January 1976 the Commission
expressed the opinion that:
(a)
Article 1
of the Convention cannot be the subject of a
separate breach;
(b) the combined use in 1971 of certain techniques ("the
Five Techniques") during the interrogation of
fourteen persons amounted to a practice of inhuman
treatment and torture in breach of
Article 3\
(c) ten other persons had suffered inhuman treatment
contrary to
Article 3
and there had been in 1971 at
Palace Barracks, a holding centre near Belfast, a
practice in connection with interrogation which was
inhuman treatment in breach of that Article;
(d) such practices had not been found to exist as regards
various other places;
(e)
Article 6
was not applicable to the special powers;
(0 although those powers were not in conformity with
Article 5,
they did not violate the Convention since
they were justified under
Article 15
which permits a
State, under specified conditions, to derogate from its
normal obligations;
(g) the powers in question had not been applied with
discrimination contrary to
Article 14.
(3) Reference of the Case to the Court
In March 1976 the Government of Ireland referred the
case to the Court. They have asked the Court to confirm
the Commission's opinion that there had been violations
of
Article 3
and also to hold that:
(a)
Article 1
can be the subject of a separate breach and
was in this case;
(b) there had been breaches of
Article 3
additional to
those found by the Commission;
(c)
Article 6
was applicable to the special powers;
(d) those powers were not in conformity with
Articles 5
and 6
and that there had been a violation of those
Articles since the powers, by going beyond what was
strictly required by the exigencies of the situation, fell
outside the United Kingdom's power of derogation
under
Article 15\
(e) the powers were applied with discrimination on the
grounds of political opinion in violation of
Article 14.
(4) Proceedings before the Court to Date
On 29 April 1976 the Chamber of seven Judges
constituted to hear this case (Article 43 of the
Convention) relinquished jurisdiction in favour of the
Plenary Court (Rule 48 of the Rules of Court).
Memorials were filed with the Court by the
Government of Ireland, the Government of the United
Kingdom and the delegates of the Commission on 30
July, 28 October and 15 December 1976, respectively.
The oral proceedings before the Court have been
divided into two parts. The first part (7-9 February 1977)
was limited to questions concerning the scope and
exercise of the Court's jurisdiction and its role as regards
an enquiry into the facts and the procedure followed by
the Commission. These questions formed the subject of
an Order of 11 February 1977.
Du r i ng the h e a r i n gs the Court heard
argument on the remaining issues in the case. After
the closure of the hearings, the Court will begin its
deliberations which are held in private. Judgment will be
delivered at a later date.
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