The Gazette 1977

APRIL 1977

GAZETTE

INTERNATIONAL SECTION

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.

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

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