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Tag Archives: European Commission of Human Rights


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Birth of Thomas Finlay, Judge, Politician & Barrister

Thomas Aloysius Finlay, Irish judge, politician and barrister, is born on September 17, 1922, in Blackrock, Dublin. He serves as a Teachta Dála (TD) for the Dublin South-Central constituency from 1954 to 1957, a Judge of the High Court from 1971 to 1985, President of the High Court from 1974 to 1985 and Chief Justice of Ireland and a Judge of the Supreme Court from 1985 to 1994.

Finlay is the second son of Thomas Finlay, a politician and senior counsel whose career is cut short by his early death in 1932. He is educated at Clongowes Wood College, University College Dublin (UCD) and King’s Inns. While attending UCD, he is elected Auditor of the University College Dublin Law Society. His older brother, William Finlay, serves as a governor of the Bank of Ireland.

Finlay is called to the Bar in 1944, practicing on the Midlands circuit and becomes a senior counsel in 1961.

Finlay is elected to Dáil Éireann as a Fine Gael TD for the Dublin South-Central constituency at the 1954 Irish general election. He loses his seat at the 1957 Irish general election.

Following his exit from politics in 1957, having lost his Dáil seat, Finlay resumes practicing as a barrister. He successfully defends Captain James Kelly in the infamous 1970 arms trial.

In 1971, Finlay is tasked by the Fianna Fáil government with representing Ireland before the European Commission of Human Rights, when, in response to the ill treatment of detainees by security forces in Northern Ireland, they charge the British government with torture. Despite the notional recourse such prisoners would have within the British legal system, the Commission rules the complaint admissible.

Finlay is subsequently appointed a High Court judge and President of the High Court in January 1974. In 1985, Taoiseach Garret FitzGerald and his government nominates him to the Supreme Court and to the office of Chief Justice of Ireland. On October 10, 1985, he is appointed by President Patrick Hillery to both roles.

During this period Finlay presides over a number of landmark cases, including Attorney General v X in 1992, when he overturns a High Court injunction preventing a pregnant teenage rape victim travelling to the UK for an abortion.

When, in the same year, Judge Liam Hamilton of the High Court, chair of the Beef Tribunal, seeks disclosure of the cabinet’s minutes for a particular meeting, Chief Justice Finlay along with the majority of the Supreme Court deny the request ruling that the concept of collective government responsibility in the Constitution takes precedence.

Finlay announces his resignation as Chief Justice of Ireland and retirement as a judge in 1994.

After his retirement, Finlay presides over a number of public inquiries.

In 1996, Finlay oversees the inquiry into the violence by English fans at the aborted 1995 friendly soccer match versus the Republic of Ireland at Lansdowne Road. His report to Bernard Allen, Minister for Sport, is critical of security arrangements on the night and recommends improvements to ticketing, seat-allocation, fan-vetting and policing arrangements. The Irish Government shares his report with the British Home Office.

After the collapse of The Irish Press group in 1995, the Minister for Enterprise and Employment, John Bruton, receives a damming report from the Competition Authority that Independent Newspapers has abused its dominant position and acted in an anti-competitive manner by purchasing a shareholding in The Irish Press. In September 1995, Bruton announces the Commission on the Newspaper Industry with an extremely wide remit to examine diversity and ownership, competitiveness, editorial freedom and standards of coverage in Irish newspapers as well as the impact of the sales of the British press in Ireland. Minister Bruton appoints 21 people to the commission and appoints Finlay chair. Due to the wide remit and huge number of submissions, the commission’s report is delayed but is eventually published at the end of July recommending widespread reforms.

Following the discovery of the BTSB anti-D scandal, in 1996, Finlay is appointed the chair and singular member of the Tribunal of Inquiry into the Blood Transfusion Service Board. The speed and efficiency with which his BTSB Tribunal conducts its business, restores confidence in the Tribunal as a mechanism of resolving great controversies in the public interest.

Finlay also sits on an Irish Rugby Football Union (IRFU) panel to adjudicate on the cases of Rugby players accused of using banned performance-enhancing substances.

Finlay is married to Alice Blayney, who predeceases him in 2012. They have five children, two of whom follow in his family’s legal tradition: his son John being a Senior Counsel and his daughter Mary Finlay Geoghegan a former judge of the High Court, Court of Appeal and Supreme Court. Whenever his work schedule allows, he escapes to County Mayo where he indulges his passion for fishing.

Thomas Finlay dies at the age of 95 in Irishtown, Dublin, on December 3, 2017.


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Death of Seán MacBride, Politician & Chief of Staff of the IRA

Seán MacBride, Irish government minister, prominent international politician, and a former Chief of Staff of the Irish Republican Army (IRA), dies in Dublin at the age of 83 on January 15, 1988.

MacBride is born in Paris on January 26, 1904. He is the son of Major John MacBride and Maud Gonne. After his father’s execution for his participation in the Easter Rising of 1916, MacBride is sent to school at Mount St. Benedict’s, Gorey, County Wexford in Ireland. In 1919, at the age of 15, he joins the Irish Volunteers, which fights as part of the Irish Republican Army, and takes part in the Irish War of Independence. He is imprisoned by the Irish Free State but is released in 1924 and resumes his IRA activities. He returns to Dublin in 1927 and becomes the Director of Intelligence of the IRA.

Toward the end of the 1920s, after many supporters have left the IRA to join Fianna Fáil, some members start pushing for a more left-wing agenda. After the IRA Army Council votes down the idea, MacBride launches a new movement, Saor Éire (“Free Ireland”), in 1931. Although it is a non-military organisation, Saor Éire is declared unlawful along with the IRA, Cumann na mBan, and nine other organizations.

In 1936, MacBride becomes Chief of Staff of the IRA after Moss Twomey is sent to prison for three years. At the time, the movement is in a state of disarray, with conflicts between several factions and personalities. In 1937, he is called to the bar and then resigns from the IRA when the Constitution of Ireland is enacted later that year. As a barrister, he frequently defends IRA political prisoners, but is not unsuccessful in stopping the execution of Charlie Kerins in 1944 who is convicted of killing Garda Detective Dennis O’Brien in 1942. In 1946, during the inquest into the death of Seán McCaughey, he embarrasses the authorities by forcing them to admit that the conditions in Portlaoise Prison are inhumane.

In 1946, MacBride founds the republican/socialist party Clann na Poblachta, hoping it would replace Fianna Fáil as Ireland’s major political party. In October 1947, he wins a seat in Dáil Éireann at a by-election in the Dublin County constituency. However, at the 1948 Irish general election Clann na Poblachta wins only ten seats.

MacBride is serving as Minister of External Affairs when the Council of Europe drafts the European Convention on Human Rights. He serves as President of the Committee of Ministers of the Council of Europe from 1949 to 1950 and is credited with being a key force in securing the acceptance of this convention, which is finally signed in Rome on November 4, 1950. He is instrumental in the implementation of the repeal of the External Relations Act and the passing of the Republic of Ireland Act 1948 which comes into force in 1949.

Clann na Poblachta is reduced to only two seats after the 1951 Irish general election. MacBride keeps his seat and is re-elected again at the 1954 Irish general election. Opposing the internment of IRA suspects during the Border Campaign (1956–62), he contests both the 1957 and 1961 Irish general elections but fails to be elected both times. He then retires from politics but continues practicing as a barrister. He expresses interest in running as an independent candidate in the 1983 Irish presidential election, but does not receive sufficient backing and ultimately does not enter the contest.

Throughout the 1950s, 1960s, and 1970s, MacBride works tirelessly for human rights worldwide. He is a founding member of Amnesty International and serves as its International chairman from 1961 until 1975. During the 1980s, he initiates the Appeal by Lawyers against Nuclear War which is jointly sponsored by the International Peace Bureau and the International Progress Organization.

MacBride is awarded the Nobel Peace Prize in 1974 as a man who “mobilised the conscience of the world in the fight against injustice.” He later receives the Lenin Peace Prize (1975–76) and the UNESCO Silver Medal for Service (1980).

In his later years, MacBride lives in his mother’s home, Roebuck House, that served as a meeting place for many years for Irish nationalists, as well as in the Parisian arrondissement where he grew up with his mother, and enjoyed strolling along boyhood paths. In 1978, he receives the Golden Plate Award of the American Academy of Achievement.

MacBride dies in Dublin on January 15, 1988, just eleven days shy of his 84th birthday. He is buried in a simple grave in Glasnevin Cemetery, Dublin, with his mother, and wife who died in 1976.


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Operation Demetrius

long-kesh-internment-camp

Operation Demetrius, a British Army operation in Northern Ireland begins on August 9, 1971, during the Troubles. The operation involves the mass arrest and internment (imprisonment without trial) of 342 people suspected of being involved with the Irish Republican Army (IRA), which is waging a campaign for a united Ireland against the British state.

Operation Demetrius, proposed by the Government of Northern Ireland and approved by the Government of the United Kingdom, begins throughout Northern Ireland in the early morning hours of Monday, August 9 and progresses in two parts:

  1. Arrest and movement of the detainees to one of three regional holding centers: Girdwood Barracks in Belfast, Abercorn Barracks in Ballykinler, County Down, or HM Prison Magilligan near Limavady, County Londonderry.
  2. The process of identification and questioning, leading either to release of the detainee or movement into detention at HM Prison Crumlin Road or aboard HMS Maidstone, a prison ship in Belfast Harbour.

The operation sparks four days of violence in which 20 civilians, two IRA members and two British soldiers are killed. All of those arrested are Irish nationalists, the vast majority of them Catholic. Due to faulty intelligence, many have no links with the IRA. Ulster loyalist paramilitaries are also carrying out acts of violence, which are mainly directed against Catholics and Irish nationalists, but no loyalists are included in the sweep.

The introduction of internment, the way the arrests are carried out, and the abuse of those arrested, lead to mass protests and a sharp increase in violence. Amid the violence, about 7,000 people flee or are forced out of their homes. The interrogation techniques used on some of the internees are described by the European Commission of Human Rights in 1976 as torture, but the superior court, the European Court of Human Rights (ECHR), rules on appeal in 1978 that, although the techniques are “inhuman and degrading”, they do not, in this instance, constitute torture. It is later revealed that the British government had withheld information from the ECHR and that the policy had been authorized by British government ministers. In December 2014, in light of the new evidence, the Irish government asks the ECHR to revise its 1978 judgement. The ECHR declines the request in 2018.

The backlash against internment contributes to the decision of the British Government under Prime Minister Edward Heath to suspend the Northern Ireland Government and replace it with direct rule from Westminster, under the authority of a British Secretary of State for Northern Ireland. This takes place in 1972.

Following the suspension of the Northern Ireland Government and Parliament, internment is continued by the direct rule administration until December 5, 1975. During this time 1,981 people are interned, 1,874 are nationalist while 107 are loyalist. The first loyalist internees are detained in February 1973.

(Pictured: The entrance to Compound 19, one of the sections of Long Kesh internment camp)


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Long Kesh Prison Hunger Strike Ends

The Irish Republican Army (IRA) hunger strike is called off at Long Kesh prison – later known as HM Prison Maze – on October 3, 1981. While the IRA does not win immediate concessions, in some ways it is a Pyrrhic victory for Margaret Thatcher’s government. It galvanises support and membership for the IRA and generates huge sympathy for the strikers in the United States where fund-raising is a major priority. The death of the first hunger striker, Bobby Sands, creates a martyr and an iconic figure.

In January 1981, prison authorities begin to supply the prisoners with officially issued civilian clothing, whereas the prisoners demand the right to wear their own clothing. On February 4, the prisoners issue a statement saying that the British government has failed to resolve the crisis and declares their intention of a hunger strike. The hunger strike begins on March 1, when Bobby Sands, the IRA’s former officer commanding (OC) in the prison, refuses food. Unlike the first hunger strike the previous year, the prisoners join one at a time and at staggered intervals, which they believe would arouse maximum public support and exert maximum pressure on Prime Minister Margaret Thatcher.

The republican movement initially struggles to generate public support for the second hunger strike. The Sunday before Sands begins his strike, 3,500 people march through west Belfast. During the first hunger strike four months earlier, the marchers had numbered 10,000. Five days into the strike, Independent Republican MP for Fermanagh and South Tyrone Frank Maguire dies, resulting in a by-election. There is debate among nationalists and republicans regarding who should contest the election. After negotiations they agree not to split the nationalist vote by contesting the election and Sands stands as an Anti H-Block candidate against Ulster Unionist Party candidate Harry West. Following a high-profile campaign, the election takes place on April 9, and Sands is elected to the British House of Commons with 30,492 votes to West’s 29,046.

Sands’ election victory raises hopes that a settlement can be negotiated, but Thatcher stands firm in refusing to give concessions to the hunger strikers. The world’s media descends on Belfast, and several intermediaries visit Sands in an attempt to negotiate an end to the hunger strike, including Síle de Valera, granddaughter of Éamon de Valera, Pope John Paul II‘s personal envoy John Magee, and European Commission of Human Rights officials. With Sands close to death, the government’s position remains unchanged.

On 5 May, Sands dies in the prison hospital on the 66th day of his hunger strike, prompting rioting in nationalist areas of Northern Ireland. More than 100,000 people line the route of his funeral, which is conducted with full IRA military honours. Margaret Thatcher shows no sympathy for his death.

In the two weeks following Sands’ death, hunger strikers Francis Hughes, Raymond McCreesh and Patsy O’Hara die. Following the deaths of Joe McDonnell and Martin Hurson, the families of some of the hunger strikers attend a meeting on July 28 with Catholic priest Father Denis Faul. The families express concern at the lack of a settlement to the priest, and a decision is made to meet with Gerry Adams later that day. The following day Adams holds a meeting with six of the hunger strikers to outline a proposed settlement on offer from the British government should the strike be brought to an end. The six men reject the settlement, believing that accepting anything less than the “Five Demands” would be a betrayal of the sacrifice made by Bobby Sands and the other hunger strikers who had died.

The hunger strike begins to break on July 31, when the mother of Paddy Quinn insists on medical intervention to save his life. The following day Kevin Lynch dies, followed by Kieran Doherty on August 2, Thomas McElwee on August 8 and Michael Devine on August 20. On September 6, the family of Laurence McKeown becomes the fourth family to intervene and asks for medical treatment to save his life, and Cahal Daly issues a statement calling on republican prisoners to end the hunger strike.

The strike is called off at 3:15 PM on October 3, 1981. Three days later, James Prior, the new Secretary of State for Northern Ireland, announces partial concessions to the prisoners including the right to wear their own clothes at all times. The only one of the “Five Demands” still outstanding is the right not to do prison work. Following sabotage by the prisoners and the Maze Prison escape in 1983, the prison workshops are closed, effectively granting all of the “Five Demands” but without any formal recognition of political status from the government.

(Pictured: A Belfast mural of the Long Kesh hunger strikers)


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The 1981 Irish Hunger Strike Begins

hunger_strike_memorial

The 1981 hunger strike begins on March 1, 1981, when Bobby Sands, a former commanding officer of the Irish Republican Army (IRA) and prisoner at Long Kesh prison, refuses food. Other prisoners join the hunger strike one at a time at staggered intervals, which they believe will arouse maximum public support and exert maximum pressure on Prime Minister Margaret Thatcher.

The movement initially struggles to generate public support for the hunger strike. The Sunday before Sands begins his strike, only 3,500 people march through the streets of west Belfast as compared to 10,000 marchers during a previous hunger strike four months earlier.

Five days into the strike, however, Independent Republican Member of Parliament (MP) for Fermanagh and South Tyrone Frank Maguire dies, resulting in a by-election. There is debate among nationalists and republicans regarding who should contest the election, but they ultimately agreed not to split the nationalist vote by contesting the election and Sands stands as an Anti H-Block candidate against Ulster Unionist Party candidate Harry West. Following a high-profile campaign the election takes place on April 9, and Sands is elected to the British House of Commons with 30,492 votes to West’s 29,046.

Sands’ election victory raises hopes that a settlement can be negotiated, but Thatcher stands firm in refusing to give concessions to the hunger strikers. The world’s media descends on Belfast, and several intermediaries, including Síle de Valera, granddaughter of Éamon de Valera, Pope John Paul II‘s personal envoy John Magee, and European Commission of Human Rights officials, visit Sands in an attempt to negotiate an end to the hunger strike. With Sands close to death, the government’s position remains unchanged, and they do not force medical treatment upon him.

On May 5, Sands dies in the prison hospital on day 66 of his hunger strike, prompting rioting in nationalist areas of Northern Ireland. Over 100,000 people line the route of his funeral, which is conducted with full IRA military honours. Margaret Thatcher showed no sympathy for his death.

In the two weeks following Sands’ death, three more hunger strikers die – Francis Hughes on May 12, and Raymond McCreesh and Patsy O’Hara on May 21. The deaths result in further rioting in Northern Ireland, particularly Derry and Belfast. Following the May 21 deaths, Primate of All Ireland Tomás Ó Fiaich criticises the British government’s handling of the hunger strike. Despite this, Thatcher still refuses to negotiate a settlement.

On July 28, following the deaths of Joe McDonnell (July 8) and Martin Hurson (July 13), the families of some of the hunger strikers attend a meeting with Catholic priest Father Denis Faul. The families express concern at the lack of a settlement and a decision is made to meet with Gerry Adams later that day. At the meeting Father Faul puts pressure on Adams to find a way of ending the strike, and Adams agrees to ask the IRA leadership to order the men to end the hunger strike. The following day Adams holds a meeting with six of the hunger strikers to outline a proposed settlement on offer from the British government should the strike be brought to an end. The strikers reject the settlement, believing that accepting anything less than their original demands will be a betrayal of the sacrifice made by Bobby Sands and the other men who had died.

On July 31, the hunger strike begins to break when the mother of Paddy Quinn insists on medical intervention to save his life. The following day Kevin Lynch dies, followed by Kieran Doherty on August 2, Thomas McElwee on August 8, and Michael Devine on August 20. On September 6, the family of Laurence McKeown becomes the fourth family to intervene and asks for medical treatment to save his life, and Cahal Daly issues a statement calling on republican prisoners to end the hunger strike.

A week later James Prior replaces Humphrey Atkins as Secretary of State for Northern Ireland and meets with prisoners in an attempt to end the strike. Liam McCloskey ends his strike on September 26 after his family says they will ask for medical intervention if he becomes unconscious. It also becomes clear that the families of the remaining hunger strikers will also intervene to save their lives. The strike is called off at 3:15 PM on October 3. Three days later Secretary of State Prior announces partial concessions to the prisoners including the right to wear their own clothes at all times. The only one of their original five demands still outstanding is the right not to do prison work. Following sabotage by the prisoners and the Maze Prison escape in 1983, the prison workshops are closed, effectively granting all five of the demands but without any formal recognition of political status from the government.

Over the summer of 1981, ten hunger strikers die. Thirteen others begin refusing food but are taken off hunger strike, either due to medical reasons or after intervention by their families. Many of them still suffer from the effects of the strike, with problems including digestive, visual, physical and neurological disabilities.