The European Court of Human Rights has agreed to hear two challenges to Section 52 of the Offences Against the State Act, brought against the Government. These will now go to a full hearing of the court.
One complaint has been brought by Mr Paul Quinn, through his solicitor Mr Michael Farrell. He was sentenced to six months imprisonment in May 1997 for failing to give an account of his movements under Section 52 of the Act. He had been charged following the murder of Garda Jerry McCabe in Adare, Co Limerick, in July 1996.
The other case has been brought by Mr Anthony Heaney and Mr William McGuinness, though their solicitors Garrett Sheehan and Company.
In October 1990 they were charged with membership of the IRA. They were acquitted the fol lowing April. In June of that year they were convicted of failing to give an account of their movements under Section 52 of the Act. They received six-month sentences. Mr Heaney and Mr McGuinness appealed this to both the High Court and Supreme Court, arguing that Section 52 was repugnant to the Constitution. They lost. The Supreme Court found that the right to silence must yield to the right of the State to protect itself.
Mr Quinn is arguing that his prosecution violated his rights under Articles 6, 10 and 13 of the European Convention on Human Rights. Mr Heaney and Mr McGuinness argue that their prosecution was contrary to Articles 6, 8 and 10.
Article 6 of the Convention states: "1. In the determination of . . . any criminal charge against him, everyone is entitled to a fair . . . hearing . . . 2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law."
Article 8 states: "1. Everyone has the right to respect for his private . . . life . . . 2. There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security . . ."
Article 10 states: "1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority . . ."
Article 13 states: "Everyone whose rights and freedoms set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."