The European Convention on Human Rights and the Conflict in Northern Ireland

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  • Edition: Reprint
  • Format: Paperback
  • Copyright: 2012-05-04
  • Publisher: Oxford University Press

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This book provides the first comprehensive account of the role played by the European Convention on Human Rights during the conflict in Northern Ireland from 1968. Brice Dickson studies the effectiveness of the Convention in protecting human rights in a society wracked by terrorism and deep political conflict, detailing the numerous applications lodged at Strasbourg relating to the conflict and considering how they were dealt with by the enforcement bodies. The book illustrates thelimitations inherent in the Convention system but also demonstrates how the European Commission and Court of Human Rights gradually developed a more interventionist approach to the applications emanating from Northern Ireland. In turn this allowed the Convention to become a more secure guarantor ofbasic rights and freedoms during times of extreme civil unrest and political turmoil elsewhere in Europe. The topics examined include the right to life, the right not to be ill-treated, the right to liberty, the right to a fair trial, the right to a private life, the right to freedom of belief, the right to freedom of expression, the right to freedom of assembly, and the right not to be discriminated against. The book argues that, while eventually the European Court did use the applications from Northern Ireland to establish important human rights principles, their development was slow and arduousand some gaps in protection still remain. The book illustrates the limits of the European Convention as a tool for protecting human rights in times of crisis.

Author Biography

Brice Dickson is Professor of International and Comparative Law at Queen's University, Belfast

Table of Contents

Table of Casesp. xiii
Tables of Legislationp. xxv
List of Abbreviationsp. xxxix
Introductionp. 1
The Background to the Conflict and the Rights Discoursep. 5
Competing nationalismsp. 5
The partition of Irelandp. 8
Northern Ireland and the Special Powers Actp. 9
Direct rulep. 12
Human rights discourse in Northern Irelandp. 14
Early calls for a Bill of Rightsp. 16
The Standing Advisory Commission on Human Rightsp. 17
Conclusionp. 20
Early Fumblings with the Conventionp. 23
The Convention's origin and contentp. 23
The Convention's limitationsp. 27
The situation in Northern Ireland when the Convention became bindingp. 29
The Republic of Ireland's emergency legislationp. 30
The IRA and internment in the Republicp. 32
Lawless v Irelandp. 34
Was there a public emergency in Ireland?p. 36
Were the measures taken in Ireland strictly required?p. 38
Access by individuals to the European Courtp. 40
Complaints of religious discriminationp. 42
Bernadette Devlin v United Kingdomp. 48
Miscellaneous complaintsp. 49
Conclusionp. 51
Internment and Restrictions on Movementp. 53
The practice of internment in Northern Irelandp. 53
The Diplock Commission and the EPA 1973p. 55
The Gardiner Committee and the EPA 1975p. 57
The criminalization policyp. 58
Ireland v United Kingdomp. 61
The European CourtĘs decisionp. 63
Further derogationsp. 68
Internment in the twenty-first centuryp. 70
Port powersp. 74
McVeigh, O'Neill and Evans v United Kingdomp. 76
The Shackleton and Jellicoe reviewsp. 79
Powers to stop and questionp. 80
Exclusion ordersp. 82
Attempts to challenge exclusion orders in the courtsp. 84
Criticisms of the power to excludep. 89
Conclusionp. 92
Powers of Arrestp. 93
The scope of Article 5 of the Conventionp. 93
The right to securityp. 95
Arrests in connection with criminal offencesp. 96
'Ordinary' and 'special' arrest powersp. 97
Special army arrest powersp. 98
The Baker Review and the EPA 1987p. 100
Margaret Murray v United Kingdomp. 102
Special police arrest powersp. 105
Challenging arrests in domestic courtsp. 108
Fox, Campbell and Hartley v United Kingdomp. 112
O'Hara v United Kingdomp. 114
Conclusionp. 117
Detention Pending Charge or Trialp. 118
The right of detainees to be brought before a judgep. 118
Brogan v United Kingdomp. 121
Further challenges to the derogation noticep. 124
The right of detainees to be charged or releasedp. 129
The right of detainees to be released pending trialp. 131
General rules on bailp. 135
Conclusionp. 137
The Right Not to be Ill-treatedp. 139
Article 3 of the Conventionp. 139
Donnelly v United Kingdomp. 142
Ireland v United Kingdomp. 146
Diplock, the EPA, and the Bennett Inquiryp. 153
The holding centresp. 159
Developments since 1989p. 161
Punishment attacksp. 165
Conclusionp. 167
The Right to a Fair Trialp. 169
Access to a solicitorp. 170
The right of immediate accessp. 174
The right of access during police interviewsp. 182
Judicial review of prosecutorial decisionsp. 186
The presumption of innocence and the burden of proofp. 189
Proof of membership of unlawful organizationsp. 191
The admissibility of evidencep. 196
The right to remain silentp. 198
The use of informersp. 203
The right to jury trialp. 205
The right to trial within a reasonable timep. 210
The right to no punishment without lawp. 212
Extraditionp. 214
Conclusionp. 223
The Right to Lifep. 225
The wording of Article 2 of the Conventionp. 226
The death penaltyp. 228
The right to be protected against risks to lifep. 231
Post-Osman cases relating to Northern Irelandp. 237
The Key Persons Protection Schemep. 239
Claims by witnesses to anonymityp. 244
The right not to be killedp. 248
Rubber and plastic bulletsp. 260
The use of potentially lethal force todayp. 265
The right to a thorough investigationp. 268
Inquestsp. 274
Conclusionp. 275
The Right to a Private and Family Lifep. 276
Prison conditionsp. 276
Strip-searchesp. 284
Transfer of prisonersp. 287
Other prison issuesp. 290
Searches of propertyp. 293
Sexual issuesp. 297
Conclusionp. 298
Freedom of Expression, Belief, and Assemblyp. 300
Bans on broadcasting and reportingp. 300
Freedom of expression and electionsp. 306
Freedom of expression and parliamentary processesp. 314
Treason, sedition, and incitement to disaffectionp. 319
Prisoners and journalistsp. 323
Belief and identity issuesp. 326
Recruitment to the policep. 329
Paradesp. 330
Conclusionp. 338
Freedom from Discriminationp. 340
Religious and political discriminationp. 342
The relevance of the European Conventionp. 345
Tinnelly&Son Ltd and McElduff v United Kingdomp. 350
Other grounds of discriminationp. 356
Housing and education issuesp. 359
Conclusionp. 361
The Final Picturep. 362
The contribution of the Convention in Northern Irelandp. 362
A Bill of Rights for Northern Ireland?p. 365
The Convention and conflicts in other European societiesp. 369
The futurep. 375
Appendix: Applications lodged in Strasbourg relating to the conflict in Northern Irelandp. 377
Bibliographyp. 397
Indexp. 425
Table of Contents provided by Ingram. All Rights Reserved.

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