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IRELAND’S HUMAN RIGHTS watchdog is calling for the abolition of the Special Criminal Court (SCC).
The Irish Council for Civil Liberties (ICCL) says that the continuation of the non-jury court is an abuse of emergency powers.
The current version of the court was established in response to terrorism and every year since 1972 the Oireachtas has voted to continue the use of emergency powers to prolong the life of the court.
This involves deeming Ireland’s ordinary courts as inadequate to effectively administer justice.
The Oireachtas will today vote on whether it should make this declaration again and justify the continuation of the controversial court.
As well as non-jury trials, the SCC has special powers to accept ‘belief-evidence’. This allows the belief of a Garda Chief Superintendent that a person is a member of an illegal organisation to be used and accepted as evidence of that person’s membership.
The Court also permits an accused’s silence to be used as evidence supporting the case against them, effectively denying them the right to silence.
In a statement, ICCL Criminal Justice Policy Officer Niamh McCormack said the declaration that ordinary courts are inadequate is an “extraordinary statement” that has “become normalised through decades of expansion of the Special Criminal Court”.
The SCC has long been the subject of international criticism. The UN Human Rights Committee called for the overhaul of the Court in 1993, 2000, 2008, 2013 and 2014. In 2000, it recommended that “steps should be taken to end the jurisdiction of the Special Criminal Court”.
McCormack said: “The ICCL echoes these calls, and believes alternatives to the court must be explored. These alternative measures must be proportionate and respect the constitutional right to a fair trial.
“There is currently no public debate on the fact that the Oireachtas makes an annual declaration of a state of emergency to justify the existence of the Court. Nor is there any meaningful discussion in relation to potential alternatives to the court which would protect against these fears without significantly depriving accused persons of their rights.”
Last year, the majority of an expert group on the State’s counter-terrorism laws recommended that the SCC be replaced with a new court that has additional safeguards and transparency.
The court is currently enabled by the Offences Against the State Act, the first of which was published in 1939 to prosecute members of the IRA and declare any similar organisations unlawful.
The majority’s report also called for the Act to be “repealed in its entirety” and parts of it to be re-enacted within other laws with a “significant” amount of amendments.
However, a minority review from the same expert group took a different viewing, saying that a permanent non-jury court would be “constitutionally inappropriate”.
McCormack said that, one year on, Justice Minister Helen McEntee has “not substantially responded” to the reports, “never mind implementing its recommendations”.
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Terrorists, organised criminals, and other subversives support this position. The scc should 100% be retained.
@honey badger: until new laws are introduced the special criminal court is the only last line of safety for the state agents criminals who think they are above the law ….that court deals with the people that have abused and manipulated the normal courts system….
@honey badger: well said, the fact that the shinners want it gone only confirms that it is working fantastically well
@and the hit’s just keep coming:
Removing this would mean intimidation of jurors.
A field day for serious criminals.
Who are they trying to protect.
@and the hit’s just keep coming:
Removing this would mean intimidation of jurors.
A field day for serious criminals.
Who are they trying to protect..
@honey badger: fascists love the idea of secretive non jury courts
@honey badger: A neighbour of mine was “convicted” of membership of an illegal organisation, many moons ago, on the basis of the the ‘belief’ of a local Garda Super.
He was no more in that organisation than my dog was.
The Guards have always abused any power given to them.
The greater the power, the greater the abuse.
As usual bunch of unelected do gooders putting criminals and terrorists before decent members of society.
@Pat Hazzard: Decent members of society like the soldier who beat a innocent random woman, left the scene, went homemade a video bragging about it posting it online, lied to the Garda saying she attacked and got to walk out of court?
@Ger Whelan: No, I’d say he meant like the witnesses who were threatened and intimidated during the trial of the guys who murdered Detective Garda Jerry McCabe.
@Ger Whelan: so you support the scc and would like the judiciary to be no longer independent and impartial. Government mandated sentences imposed on every convicted person. It would definitely stop alot of crime, particularly reoffenders
@Ger Whelan: what has that got to do with the special criminal court?
@Declan Gaffney: you trust the government who have destroyed this country to handle court cases as well? Is there any thing else you want to see destroyed by political fools?
@Pat Hazzard: Comprehension isn’t your strong point is it ? They’re merely echoing the specialist report findings from last year which was commissioned by Helen in 2021. FFG do love a good report .. Especially the ignoring of said report and it’s recommendations after they commissioned it.. housing..health.. justice ..just par for the course with that shower.
I wouldn’t be too upset if the ICCL was abolished while we’re at it!
Can we first work on abolishing organised crime ..?
@East Cork Cheeses: Any ideas how? Which nation has actually managed to do that in the history of our species?
@Ger Whelan: Legalising and licensing the supply of recreational drugs would cut off their biggest money source.
The resultant quality control and labelling would also go a long way to reducing the danger to users.
@Steve O’Hara-Smith: it didn’t work in Portugal
@anthony davoren: Drugs aren’t legalised in Portugal. The possession of a small amount of drugs for personal use is decriminalised .
@anthony davoren: it really did work but they haven’t continued to invest in their system so things are sliding backwards, somewhat. It’s crazy to say it didn’t work.
How can anyone who believes in common law believes that a conviction without facing a jury of your peers is ,justice
@Robert Halvey: does that include the District Courts too?
@Robert Halvey: As well as criticising the system of non jury courts, could you suggest an alternative that would allow justice to be carried out when it comes to organised crime, while protecting jury members from intimidation? Would you be happy for you or one of your family to serve as juror in one of these cases?
@Robert Halvey: And how is a jury of randomers any justice either. It’s the judge who decides on the punishment anyway, as set out under the guidelines of the law. Bleeding heart muppets need to just mind their own business. If your a criminal and impact people’s lives negatively you dont deserve any rights.
@Mike Carson: courts decide if someone is a criminal or not. How do you judge someone who is yet to be tried a criminal?
@Robert Halvey: The Spinners are the only people most vociferous about the abolition of the SCC. I wonder why. The party whose military wing had such respect for human rights.
@Longlin: the jurors could be kept under protection in another location while watching the proceedings via video link. Boom! Problem solved. No need for these non jury abominations
@Mike Carson: incorrect. The jury has the power to set aside the judge’s ruling. It’s why jury courts are so essential to a fair justice system
@Mike Carson: A judge can only determine a sentence if and when a jury determines guilt.
It’s not russia were in.
Or rather, we’re not supposed to have a “justice” system like russia’s, but this Special Criminal Court is.
Could we abolish this Human Rights watchdog. Another useless NGO filled with self improvement do gooders. More concerned with the rights of criminals than the victims.
@Michael Cooney: Consider the rights of the wrongly convicted.
@Michael Cooney: You mean the accused?
And whatever happened to “innocent until proved guilty”?
What about the rights of witnesses, jurors, Court staff, judges etc etc not to be intimidated, physically assaulted, forced to flee the country from threats from violent thugs who will do anything to protect their money and stay out of prison?
But the balance only tips one way with the ICCL.
@Ronan Mc: So you think the Special Criminal Court should determine its verdict based on what, if there are to be no witnesses?
Tarot cards?
Was the ffg collision with the Catholic Church to enslave vulnerable women sell off babies to the highest bidder ,allow drug companies to use children in care to test there drugs on, or Charlie’s family being allowed inherit the proceeds of crime ,Not examples of organised crime
Wonder what Judge Judy thinks about that.
@noel donohue:
She likes the sound of her own voice.
Is she actually real ?.
@Mary.E.: “Judge” Judy isn’t even a real judge.
It’s just entertainment for the easily entertained.
The government is correct to allow the SCC to continue. The Council for Civil Liberties (ICCL) has done a fantastic job over the past 40 years in protecting the legitimate rights of defendants. That’s their role. The only problem is that this has affected the rights of victims of crime. We now have to row back or rebalance these rights so that victims’ right to justice is restored in this country. We have violent criminals ruling our streets. We desperately need minimum sentences for violent crime & rape and extra resources & better management in the Gardaí & prison system to punish criminals adequately for their crimes.
@Maurice F Glennon: Any erosion of the rights of victims of crime is due to the operation of standard courts, and not due to the Special Criminal Court.
The Special Criminal Court is an affront to the concept of Justice.
Crazy that a garda opinion is evidence, that’s corruption of the legal system.
@Ronan Meagle: 100%.
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