UN Committee Against Torture publishes Second Periodic Report on Ireland

The United Nations Committee Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT) has published the findings from its second periodic report on Ireland. The publication of the report follows the examination of Ireland before UNCAT last month regarding its compliance with UN Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. The committee also heard from 20 Irish NGOs in compiling its findings.

As well as praising Ireland for its response to the first periodic report, the Committee highlighted a number of outstanding areas for concern along with a broad range of recommendations as to how these concerns could be addressed.

Notably, the Committee called for greater protections for women who are victims of domestic and sexual violence, including the implementation of legislation creating a specific offence of domestic and to “exempt women seeking protection from domestic violence from the minimum required contribution for legal aid if they cannot afford it”. This follows a call from FLAC for similar provisions at the launch of their 2016 annual report last month.

The Committee also called for:

• People detained for immigration purposes to be held separate to remand and convicted prisoners;
• All persons who are refused ‘leave to land’ to be provided with legal advice and information regarding international protection.
• Solitary confinement never to be applied to juveniles and urgent undertaking an independent review of the prison health-care system;
• Establishment of a national mechanism, which would have access to all places of deprivation of liberty.
• Thorough, impartial investigations into allegations of historical abuse in Magdalene Laundries, Mother and Baby Homes and Symphysiotomy sufferers, and for such victims to have to right to bring civil actions even if they participated any prior redress scheme.

Ireland was commended across a number of areas, including establishment of the Irish Human Rights and Equality Commission, various legislative developments such as on diversion and Protected Disclosures, and its work toward elimination of ‘slopping out’.

The Committee concluded their observations by calling on the Government to ratify the core United Nations human rights treaties to which it is not currently party, such as the Optional Protocol to the Convention (OPCAT), and invited Ireland to submit its third periodic report under Article 19 of the Convention by 11 August 2021.

In the next report, the Committee specifically requested the State party to provide information on follow-up to the Committee’s recommendations on the ratification of the Optional Protocol to the Convention, strengthening the independence of the Garda Síochaná Ombudsman Commission (GSOC) and on investigating allegations of ill-treatment of women in the Magdalen Laundries and ensuring that all victims obtain redress.

Click here for the in full report.