Garda ill-treatment memo issued

Senior Garda officers have been issued with a directive from Garda Headquarters in Phoenix Park, Dublin, reminding them that …

Senior Garda officers have been issued with a directive from Garda Headquarters in Phoenix Park, Dublin, reminding them that the ill treatment of prisoners in custody should not be tolerated.

The directive was issued by Assistant Commissioner Nacie Rice, who is head of crime and security. It follows the submission to Government of the draft report of the European Committee for the Prevention of Torture (CPT).

The report is expected to be published in coming weeks. However, some of its content is believed to suggest that people interviewed by the CPT and who were arrested complained of ill treatment while in Garda custody.

The memo sent out by Mr Rice to senior Garda officers is seen as a direct response to the contents of the CPT report, which has been supplied to Garda Headquarters.

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Mr Rice notes in his memo, which was the subject of newspaper reports yesterday, that the CPT had submitted to Government its report on the treatment of detained persons.

He quotes the following extract from the CPT report: "In light of the information at its disposal, the CPT recommends that senior police officers remind their subordinates that the ill treatment of detained persons is not acceptable and will be the subject of severe sanctions".

Arising from the extract, Mr Rice says in the memo: "Chief superintendents, superintendents and acting district officers will ensure that this recommendation is now complied with and that its content be brought to the notice of all personnel."

Members of the CPT visited Ireland last October and carried out inspections of Garda stations and prisons and interviewed those who were in, or had been in, custody. Shortly after the visit, The Irish Times revealed that the ill treatment of prisoners had been one of the main focuses of the visit to Ireland.

The CPT report was submitted to the Department of Justice in March. The department has six months to reply to the CPT with its observations, at which time the report and the Government's reply are published.

A spokesman for Minister for Justice Brian Lenihan said that the response to the CPT report was substantially complete and would be sent to the CPT in the near future.

The international group inspected detention facilities in 10 Garda stations, seven prisons and the Central Mental Hospital during its two-week visit. The delegation also reviewed the measures taken by Irish authorities to respond to recommendations it made during previous visits.

In its last report in 2002, it expressed concern about ill treatment of people in Garda custody, the use of padded cells in prisons and the lack of the right to a lawyer while being questioned.

On that occasion, the committee said that it paid particular attention to the treatment of suspects in Garda custody and the operation of various safeguards, including the Garda Complaints Board.

It said the board "enjoys little public confidence and is failing to contribute to the prevention of ill-treatment". Since then, the Government has established the Garda Síochána Ombudsman Commission.

The commission has taken over from the complaints board in investigating all complaints against members of the force. It has its own team of independent investigators and, unlike the defunct complaints board, does not use members of the force to investigate complaints made against their colleagues.

Conor Lally

Conor Lally

Conor Lally is Security and Crime Editor of The Irish Times