Diplomacy and the Ireland v' UK case at the European Court of Human Rights

1
Diplomacy and the Ireland v. UK case at the
European Court of Human Rights

• Prof. William A. Schabas OC MRIA and Aisling
  OSullivan
• Irish Centre for Human Rights
• Research funded by the Irish Research Council for
  Humanities and Social Sciences

2
Inter-State complaints under human rights treaties

• never used before UN treaty bodies
• argument influences debate on Rome Statute of
  International Criminal Court
• Ireland v. UK is first interstate case to go to
  the Court
• laboratory for interaction between diplomacy and
  human rights litigation

3
It was Sean Mac Brides idea

• Mac Bride responsible for Irish ratification of
  ECHR, acceptance of Court
• letter from MacBride of Amnesty International to
  Jack Lynch on 9 August 1971
• in case this option had not already been drawn
  to your attention by your advisers, Ireland
  could take a case to the European Commission of
  Human Rights under article 24
• contents of MacBrides letter disclosed on 1.30pm
  RTE News
• put the Taoiseach (Irish PM) somewhat out of
  court
• numerous letters to Dept of Taoiseach calling for
  action
• media reports on ill-treatment in UK and Irish
  newspapers from 11 August onwards

4
some further little time

• Hugh McCann to Minister for Foreign Affairs, Dr.
  Hillery (23rd August 1971)
• I would favour affording some further little
  time to show evidence of a change of heart before
  taking any overt steps which would drive him
  Edward Heath into obduracy given his reputed
  stubbornness.

5
Establish an inquiry or else

• Cabinet decision (24th August 1971)
• the Minister for Foreign Affairs should make
  representations to British authorities for an
  immediate impartial Inquiry..
• ..failing the establishment of an independent
  inquiry, the Government would feel obliged to
  consider question of bringing the matter of
  treatment of internees before European
  Commission of Human Rights

6
Could the Irish Government wait on events

• Meeting with the British Foreign Office, 25
  August 1971
• independent inquiry with non-British members
• mandate sufficiently wide
• British Foreign Office response
• reasonably certain that the allegations were
  grossly exaggerated
• strong hope to wait on events
• British internal enquiry Compton Committee
• mandate whether evidence of physical brutality
  (torture)
• Committee members - British
• nearly all complainants refused to be heard
  before the enquiry

7
Failed Bilateral Discussions

• two meetings between Irish and British Prime
  Ministers, 6/7 and 27/28 September 1971
• general discussion all aspects of situation
• merely a robust airing of perspectives
• failure to influence British policy
• complaints on Compton Enquiry dismissed
• Lynch did register the threat again (6/7
  September meeting)
• under strong pressure from Opposition parties in
  Dáil Éireann (Parliament) and minority
  representatives in Northern Ireland to submit an
  inter-State case
  
  

8
An earlier submission by Ireland?, 18 October 1971

• Sunday Times Insight Teams report, 17 October
  1971
• original instruction, 18 October 1971
• Jack Lynchs intention to announce a Government
  decision to submit an application to the European
  Commission of Human Rights
• final draft sent to British Ambassador to Ireland
• Irish government are now seriously considering
  taking the decision to submit an application

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Response of British Government, 20 October 1971

• In these circumstances, my Government hope that
  the Irish Government would prefer to wait and
  study very carefully
• the findings of the Compton Committee .. before
  taking a position which could bring them into
  open dispute with the British Government,
  particularly if based on allegations which
  might later prove to be unfounded

10
Comptons Report and the aftermath

• Compton Committees findings
• five techniques physical ill-treatment but not
  physical brutality (torture)
• many individual allegations unable to make a
  finding
• McCanns advice to Minister for Foreign Affairs,
  Dr. Hillery, 18 November 1971
• Europe, Britain (externally) and (internally),
  Nationalist minority and Irish domestic opinion
• overall conclusion
• do not bring the inter-State case from foreign
  affairs angle but may be difficult for Irish
  Government not to prioritise domestic pressures

11
Good luck to our venture

• Cabinet decision, 30 November 1971
• it was decided that the Minister for Foreign
  Affairs,., should refer to the European
  Commission of Human Rights recent breaches in the
  six counties of the European Convention of Human
  Rights by the British Government
• Lynchs announcement in Parliament, 1 December
  1971
• private diplomacy best protocol between
  neighbouring governments
• but failed to impact on British Government
• after incessant questioning
• Lynch we have taken the extreme step now. Are
  the deputies not satisfied with what we have
  done?

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British Governments public and private reaction

• immediate public reaction
• British Government regret the Irish Government
  have chosen to make a governmental dispute of
  this issue
• explaining to Heath in private, 6 December 1971
• Jack Lynch strong pressure in the wake of the
  Compton findings, particularly as influence of
  the Dublin Government on the Northern situation
  is waning
• Edward Heath - you resisted as long as you
  could

13
Filing the application

• Sean Donlons journey to Paris via Brussels
• fog in Paris Plane diverted to Brussels
• taxi from Brussels to Paris meeting Secretary
  General in his hotel in Paris
• stopping the clock registered submission at
  11.45pm
• the ceremony was informal and brief. The
  Secretary General had pulled trousers over his
  pyjamas and accepted the application through the
  dimly lit doorway of his hotel bedroom

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Why did the Irish Government submit the case?

• failure to successfully lobby for an
  international inquiry
• failure to alter British policy after the Compton
  Committee was established
• Irish Governments investigation establishes a
  sustainable inter-State case
• Further little time starts to run out the
  Compton Report intensifies domestic public
  agitation
• the prioritisation of domestic political pressure
  over the possible/probable impact on Irish
  foreign relations