The Irish Council for Civil Liberties (ICCL) has expressed concern about the prospect of expanding the remit of the Special Criminal Court to include gangland crime. It said that to do so, as mooted this week, would put Ireland "in the dock" with the United Nations Human Rights Committee.
In response to calls this week for draconian action against gang criminals, ICCL director Mark Kelly said it was vital that the State's response to the wave of recent killings "respects the rule of law."
"Seven years ago, the United Nations Human Rights Committee called upon Ireland to 'end the jurisdiction of the Special Criminal Court' in order to ensure that all criminal procedures respect the rights to liberty, security and fair and equal treatment before the law," he said.
"Ireland is due to appear before this committee again next year, and any moves to further expand the role of the Special Criminal Court would place the State in the dock at the United Nations." If gangland crime is to be effectively taken on, gardaí must be placed in a position to fully enforce existing criminal law, especially in cases where attempts are made to intimidate key witnesses, Mr Kelly said.
"The emphasis should be upon intelligence-led and community-based policing coupled with improved witness protection, rather than on undermining the rule of law by expanding the Special Criminal Court."
Mr Kelly's remarks followed Minister for Justice Brian Lenihan's comments earlier this week that the Government will next year consider "drastic" measures such as the use of the Special Criminal Court if current gang crime trends continue. Crime figures published this week showed significant increases in murder, gun crime, drug dealing and assaults.
