The Amnesty Audit: What The Press Say
1.5.2001
The Irish Times
The Irish Independent
The Irish Examiner
4.5.2001
The Irish Times
Tuesday, 1 May 2001
By Christine Newman
The State's domestic and foreign policy on human rights in 2000 failed to comply with international standards, it has been claimed in an Amnesty International audit report. The report by the Irish section of Amnesty also said there was a lack of accountability by the Government and law-enforcement officials on human-rights issues.
It identified areas of concern, including what it described as the lack of a fully independent police complaints procedure, the absence of effective safeguards to prevent the ill-treatment of prisoners and the continuation of the Offences Against the State Act which, it stated, contained provisions violating the right to a fair trial.
The audit addressed the right to freedom from ill-treatment of those deprived of their liberty. The State's compliance with its duty to protect such persons against ill-treatment was monitored by international bodies in a number of ways, it stated.
The audit recommended that statutory provision be made for a fully independent police complaints procedure, which might be modelled on the Office of Police Ombudsman introduced in Northern Ireland.
The procedure should include investigation of all complaints by external investigators wholly independent of the Garda. It also recommended that the Government should introduce a right for people in Garda custody to have a lawyer present during interrogations.
Yesterday, a spokesman for the Minister for Justice, Mr O'Donoghue, said he accepted that arrangements for dealing with complaints against the Garda needed to be reformed. He intended to bring forward appropriate proposals to amend the Garda Síochána (Complaints) Act 1986 as quickly as possible.
This was complex legislation and raised matters which affected important rights. The Minister had undertaken a detailed review which was close to finalisation. It would not only focus on complaints against individual gardaí but wider policing concerns.
In the Amnesty report, steps to introduce a modern framework for the management of prisons were recommended including the introduction of a Prison Service Act, making provision for an independent inspectorate of prisons, restructured visiting committees and new prison rules.
An independent inquiry should be carried out into whether the manner in which complaints against prison officers had been investigated had, in the past, led to certain officers enjoying impunity, examine the complaints procedures and make recommendations for ensuring that complaints could be impartially, independently and thoroughly investigated, and the need to establish a prison ombudsman, it stated.
Yesterday, Mr Seán Aylward, director general of the Prison Service, said the Prisons Bill was at an advanced stage and would include a number of provisions one of which was for independent inspectors. Also, new prison rules were in their final stages. Two years of enormously hard work had gone into them, he said.
The audit's author, Ms Sophie Maggenis, said at a press conference yesterday that if human rights were to be given effective protection, the Government must be held accountable for its policy and practice.
"This audit has identified an accountability deficit in respect of both domestic and foreign policy," Ms Maggenis said.
The report welcomed the establishment of the Irish Human Rights Commission and stated that Amnesty had identified these areas of concern to it.
Tuesday, 1 May 2001
The Government failed to use its position during its presidency of the Council of Europe to take effective action against the Russian Federation during the Chechen war, an Amnesty report claimed yesterday.
An audit of compliance with international human rights standards by the Amnesty International Irish section said Ire land's presidency of the Committee of Ministers of the Council of Europe gave the State an opportunity to advance its human rights policy.
"Amnesty International is concerned that under the Irish presidency, the Committee of Ministers failed to take any effective action against the Russian Federation, a member-state of the Council of Europe, as the crisis in Chechnya unfolded," it stated.
Yesterday, the Minister for Foreign Affairs, Mr Cowen, rejected claims that Ireland failed in relation to Chechnya.
"I am disappointed that Amnesty has misrepresented Ireland's skilful handling of Chechnya while holding the presidency of the Council of Europe." Chechnya was the dominant political issue during Ireland's presidency and it received the constant attention of his predecessor, Mr David Andrews, and himself, he said.
The council's Secretary General defended the Government's record on Chechnya. Mr Walter Schwimmer said Ireland had made "a significant impact on these issues during its term in office" and the criticisms were "mistaken and misdirected".
Tuesday, 1 May 2001
By Alison O'Connor, Political Reporter
The Minister for Foreign Affairs said yesterday he rejected criticism from Amnesty International of Ireland's handling of the crisis in Chechnya during its presidency of the European Council.
"I am disappointed that Amnesty has misrepresented Ireland's skilful handling of Chechnya while holding the presidency of the Council of Europe," Mr Cowen said in a statement after the publication of the Amnesty audit of Ireland's compliance with international human rights standards.
The Minister said he welcomed the audit of Ireland's compliance with international human rights standards. However, it was regrettable that Amnesty had chosen to present its "welcome" analysis as an attack on the Government.
Chechnya was the dominant political issue during Ireland's presidency, he explained. "It received the constant personal attention of my predecessor, Mr David Andrews TD, and myself. The Council of Europe is now playing a concrete role in Chechnya, including maintaining human rights experts on the ground to register and follow up human rights violations."
Ireland's role, he said, was acknowledged at the time and subsequently by the Council's Commissioner for Human Rights, Mr Alvaro Gil-Robles. He quoted Mr Gil-Robles from a recent interview in The Irish Times when he said: "It was in large measure due to Ireland's interest that so much has been achieved".
The Minister said the Committee of Ministers acted on the basis of consensus of its members. "Ireland's approach as President of the Committee was to maintain active pressure for fulfilment by Russia of its obligations to the council and, at the same time, ensure a meaningful response by the council."
The Labour Party spokesman on foreign affairs, Mr Michael D. Higgins, said the audit highlighted the Government's "abysmal record" on these issues.
Tuesday, 1 May 2001
By Christine Newman
The Government's legal provisions for asylum-seekers fell seriously short of international law on human rights, an audit by Amnesty International Irish Section has stated.
The Minister for Justice, Mr O'Donoghue, has rejected the statement. He said yesterday there was a comprehensive body of law governing applications for refugee status in the form of the Refugee Act as amended by the Immigration Act 1999, and the Illegal Immigrants (Trafficking) Act 2000.
These provided a strong foundation for meeting Ireland's obligations under the 1951 Geneva Convention to which the State was fully committed.
In the audit, Amnesty proposed the State refrained from detaining asylum-seekers on grounds which the organisation considered did not comply with the European Convention on Human Rights.
Any asylum-seeker detained should be informed of the reasons and of his or her rights in a language he or she understood. Officials should be fully trained in human rights.
The provision in the Refugee Act that if the asylum-seeker was detained in a prison or other place of detention that he or she would be subject to the same conditions as a person awaiting trial, was clearly not in line with current international standards, the report stated.
The State should strictly apply the Act which prohibited the return of an asylum-seeker to a country where he or she might face serious assault and ensure officials took the risk of persecution fully into account. Mr O'Donoghue said the wide-ranging Act dealt with decisions, appeals, right to legal representation and provided specifically for a direct contribution to be made by the UNHCR to the determination process.
Tuesday 1 May 2001
Amnesty lashes Government over "inaction" on global human rights
THE Government was yesterday rapped by Amnesty International for failing to implement effective procedures to prevent the mistreatment of prisoners in Irish jails.
And the international organisation also sharply criticised government policy and alleged inaction on worldwide human rights issues.
In a hard-hitting report Amnesty said the Government had failed to measure up to international human rights standards.
It cited policy on asylum seekers, an inadequate police complaints procedure and failure to ratify the United Nations Convention against Torture as the main domestic issues.
But the report also accused Ireland of failing to use its powers as President of the Council of Europe to take action against the Russian Federation over the Chechnya situation.
However Foreign Minister Brian Cowen last night rejected the Chechnya accusation.
"I am disappointed Amnesty has misrepresented Ireland's skilful handling of Chechnya," he said.
This had received "the constant personal attention of my predecessor David Andrews and myself". And he claimed it was thanks to Ireland that the Council of Europe was now playing a concrete role in Chechnya, with human rights experts on the ground to register and follow up on violations.
"Ireland took the view that suspending Russia from the Council of Europe would be counter-productive and continues to take that view," said Mr Cowen. "Important commitments were secured from Russia including on the investigation of human rights violations."
He said he welcomed any independent analysis of Ireland's human rights policies at home and abroad. But he regretted that Amnesty had "chosen to present their welcome analysis as an 'attack' on the Government".
The report was compiled by Sophie Magennis of the Irish Section of Amnesty International.
Ms Magennis said yesterday Ireland still fell far short of compliance with international human rights standards like the absence of safeguards to prevent the ill treatment of prisoners.
However she did praise the initiative of the gardai in their phased introduction of audio/video recording of police interviews and the Garda human rights initiative 1999/2000.
But our legal provisions for asylum seekers fell far short of international law requirements, according to Ms Magennis.
Meanwhile Council of Europe Secretary General Walter Schwimmer last night said he was "surprised" at Amnesty's criticism of Irish involvement with the Chechnya conflict last year.
Ireland's presidency had provided a "key moment" on Chechnya, he said, when it was decided to send council experts to the area.
Lorna
Reid and Martina Devlin
May 1, 2001
Government falls short of mark on human rights standards
By Nick Sommerlad
THE Government failed to measure up to international human rights
standards both at home and abroad during 2000, Amnesty
International said yesterday.
Its policy on asylum seekers, inadequate police
complaints procedures and inaction over Chechnya are amongst the
failings highlighted in a new report for the organisation.
In ‘‘Ireland: An Audit of Human Rights Compliance 2000’’,
compiled by the human rights group’s Irish section, the
State was found to have fallen short on meeting a number of
international treaties covering freedom from ill-treatment and
the right to a fair trial.
Sean Love, director of the Irish section, said: ‘‘The
Government has failed to establish a fully independent police
complaints procedure and implement effective safeguards to
prevent the ill-treatment of prisoners.
“Its legal provisions for asylum seekers also fall seriously
short of international law.
“Despite the urgings of Amnesty and other human rights
groups during 2000, the Irish Government even failed to ratify
the United Nations Convention Against Torture.’’
The organisation recognised the work of the Department of Foreign
Affairs’ human rights unit but Mr Love added: ‘‘For
too long the unit has been prevented from functioning effectively
due to a lack of financial and human resources and a mandate
clearly defining its role and powers.
“During Ireland’s presidency of the Council of Europe,
the Government completely failed to use its position to take
effective action against the Russian Federation as the situation
in Chechnya deteriorated.
“While people were dying in Chechnya, the Irish Government
could have used its position as president of the committee of
ministers in the Council of Europe to take action, but it didn’t,”
he said.
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Friday, 4 May 2000
HUMAN RIGHTS RECORD
Sir, - Alison O'Connor reports that the Minister for Foreign Affairs "welcomes" the Amnesty International audit of Ireland's compliance with international human rights standards (prepared by Sophie Magennis of Human Rights Consultants), but is "disappointed that Amnesty has misrepresented Ireland's skilful handling of Chechnya while holding the Presidency of the Council of Europe" (The Irish Times, May 1st).
The Irish Presidency of the Council of Europe undoubtedly handled the Chechen question "skilfully". However, the problem is - as the audit clearly shows - that it failed to take any effective action against the Russian Federation as the crisis in Chechnya unfolded. It is notable that neither the Minister himself, nor either of the Council of Europe sources whom he invokes in his support (The Secretary General and the Commissioner for Human Rights), attempt to directly refute the detailed critique on this subject set out in Amnesty's audit.
Instead, reference is made to a recent Irish Times article (March 26th) in which the Commissioner for Human Rights made a positive remark about Ireland's "interest" in Chechnya. However, in the very same article, the Commissioner calls for an end to "the environment of impunity" in which violence is taking place in Chechnya. Similarly, in a Department of Foreign Affairs press release issued yesterday evening, the Minister argues that "important commitments were secured from Russia" during Ireland's Presidency "including on the investigation of human rights violations". However, he neglects to mention that - one year later - those commitments have not been honoured.
Obfuscation of this nature is the clearest possible indication of the foreign policy accountability deficit which Amnesty's human rights audit highlights. - Yours, etc.,
MARK KELLY, Co-Director, Human Rights Consultants, Lespignan, France.