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Tag Archives: Terrorism


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Establishment of the Special Criminal Court (SCC)

The Special Criminal Court (SCC), a juryless criminal court in Ireland which tries terrorism and serious organised crime cases, is established on May 26, 1972.

Article 38 of the Constitution of Ireland empowers Dáil Éireann to establish “special courts” with wide-ranging powers when the “ordinary courts are inadequate to secure the effective administration of justice.” The Offences against the State Act 1939 leads to the establishment of the Special Criminal Court for the trial of certain offences. The scope of a “scheduled offence” is set out in the Offences Against the State (Scheduled Offences) Order 1972.

On May 26, 1972, the Government of Ireland exercises its power to make a proclamation pursuant to Section 35(2) of the Offences against the State Act 1939 which leads to the establishment of the Special Criminal Court for the trial of certain offences. The current court is first established by the Dáil under the Offences against the State Act 1939 to prevent the Irish Republican Army (IRA) from subverting Ireland’s neutrality during World War II and the Emergency. The current incarnation of the Special Criminal Court dates from 1972, just after the Troubles in Northern Ireland began.

Although the court is initially set up to handle terrorism-related crime, its remit has been extended and it has been handling more organised crime cases after the Provisional Irish Republican Army ceasefire in the 1990s. For instance, members of the drugs gang which murdered journalist Veronica Guerin were tried in the Special Criminal Court.

Section 35(4) and (5) of the Offences against the State Act 1939 provide that if at any time the Government or the Parliament is satisfied that the ordinary courts are again adequate to secure the effective administration of justice and the preservation of public peace and order, a rescinding proclamation or resolution, respectively, shall be made terminating the Special Criminal Court regime. To date, no such rescinding proclamation or resolution has been promulgated. Following the introduction of a regular Government review and assessment procedure on January 14, 1997, reviews taking into account the views of the relevant State agencies are carried out on February 11, 1997, March 24, 1998, and April 14, 1999, and conclude that the continuance of the Court is necessary, not only in view of the continuing threat to State security posed by instances of violence, but also of the particular threat to the administration of justice, including jury intimidation, from the rise of organised and ruthless criminal gangs, principally involved in drug-related and violent crime.

The Special Criminal Court has been criticised by the Irish Council for Civil Liberties, Amnesty International and the United Nations Commission on Human Rights for its procedures and for being a special court, which ordinarily should not be used against civilians. Among the criticisms are the lack of a jury and the increasing use of the court to try organised “ordinary” crimes rather than the terrorist cases it was originally set up to handle. Critics also argue that the court is now obsolete since there is no longer a serious terrorist threat to the State, although others disagree and cite the continuing violence from dissident republican terrorism, international terrorism and serious gangland crime.

Under the law, the court is authorised to accept the opinion of a Garda Síochána chief-superintendent as evidence that a suspect is a member of an illegal organisation. However, the court has been reluctant to convict on the word of a garda alone, without any corroborating evidence.

The Sinn Féin political party in the past has stated that it is their intention to abolish the Special Criminal Court as they believed it was used to convict political prisoners in a juryless court, however Sinn Féin are no longer in favour of its abolition. Some prominent Sinn Féin members, including Martin Ferris and Martin McGuinness, have been convicted of offences by it. In 1973 McGuinness was tried at the SCC, which he refused to recognise, after being arrested near a car containing 250 pounds (110 kg) of explosives and nearly 5,000 rounds of ammunition. He was convicted and sentenced to six months imprisonment.

(Pictured: The Criminal Courts of Justice complex in Dublin where Special Criminal Court (SCC) sittings are usually held)


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Introduction of the Special Powers Act 1922

The Civil Authorities (Special Powers) Act (Northern Ireland) 1922, often referred to simply as the Special Powers Act, is an Act introduced by the Parliament of Northern Ireland on April 7, 1922, shortly after the establishment of Northern Ireland, and in the context of violent conflict over the issue of the partition of Ireland. Its sweeping powers make it highly controversial, and it is seen by much of the Irish nationalist community as a tool of Ulster unionist oppression. The Act is eventually repealed by the Northern Ireland (Emergency Provisions) Act 1973, following the abolition of Northern Ireland’s parliament and the imposition of direct rule by the British government.

At the start of the twentieth century, the people of Ireland are divided into two mutually hostile factions. The much larger group (nationalists) are mostly Roman Catholic, identified primarily as Irish, and want some form of Irish home rule or independence from Britain. The smaller group (unionists), concentrated primarily in the province of Ulster, are mostly Protestant, identified primarily as British and are committed to remaining within the United Kingdom. In the years before World War I, both groups establish armed militias intended to enforce their aims and protect their communities from the other side’s militias. The British government resolves to partition Ireland in an effort to alleviate unionists and nationalists, with the six most Protestant counties of Ulster forming Northern Ireland while the rest of Ireland achieves self-rule. This is accepted by most unionists as the best deal they are likely to get, but bitterly disappoints many nationalists, especially those who live in the six counties which become Northern Ireland. Many nationalists on both sides of the border feel that their country has been unjustly divided, and for many decades the Irish government claims that Northern Ireland is rightfully its territory.

Partition is formally established with the Government of Ireland Act 1920. This also establishes the Parliament of Northern Ireland, which comes into being the following year. Partition is followed by high levels of inter-communal violence, especially in Belfast. The Irish Republican Army (IRA), although it spends most of these years fighting in the Irish Civil War, aims to use armed force to end partition and compel the United Kingdom to withdraw sovereignty from Northern Ireland.

The Special Powers Act is presented as being necessary to re-establish peace and law and order in Northern Ireland, and enable the government to “take all such steps and issue all such orders as may be necessary for preserving the peace and maintaining order,” although it is specified that the ordinary course of law should be interfered with as little as possible. The Minister of Home Affairs is empowered to make any regulation felt necessary to preserve law and order in Northern Ireland. Anyone who breaks these regulations can be sentenced to up to a year in prison with hard labour, and in the case of some crimes, whipping. A special summary jurisdiction is enabled to hear cases involving such crimes. The Minister of Home Affairs is also permitted to forbid the holding of inquests if he feels this is required to preserve order and peace.

The Schedule to the Act specifies actions which the government can take in order to preserve peace, although the body of the Act enables the government to take any steps at all which it thinks necessary. Actions specified in the Schedule include the closing of licensed premises, the banning in any area of meetings and parades in public places, the closing of roads, the taking of any land or property, and the destruction of any building. The Schedule also forbids the spreading by word of mouth or text any “reports or…statements intended or likely to cause disaffection to subjects of His Majesty.”

Because it is presented as emergency legislation, the Special Powers Act is initially current for only one year and has to be renewed annually. In 1928, however, it is renewed for five years and when this period expires in 1933 the Act is made permanent. According to John Whyte, this happens because, from 1925, nationalist MPs begin sitting in the Stormont parliament which they had initially boycotted. Unsurprisingly, they object strenuously to the renewal of the Act, and it is felt by the Ulster Unionist Party Minister of Home Affairs that it would be better to make the Act permanent than for Parliament annually to “wrangle” over it.

Initially, regulations under the Act are used mostly to curb immediate violence and disorder. One of the most controversial of these is internment without trial, outlined in Paragraph 23 of the Schedule. In the period from May 1922 to December 1924, 700 republicans are interned under the Act.

Political violence declines dramatically by 1925, and the government gradually shifts its emphasis from broad measures designed to return civil order to the province to more preventative regulations aimed at suppressing the threat posed by republican aspirations. Regulations banning meetings and parades and restrictions on the flying of the Irish tricolour become more common. Between 1922 and 1950, the government bans nearly 100 parades and meetings, the vast majority of which are nationalist or republican. No loyalist gathering is ever directly banned under the Act, although a few are caught in blanket bans against parades or meetings in a particular area. From 1922 until 1972, 140 publications are banned, the vast majority of which express republican viewpoints.

After the troubles of the early 1920s has died down, the provision for internment is not used until the IRA’s border campaign of the 1950s, in which several hundred republicans are interned. Following the outbreak of the Troubles in 1968, many within the Protestant community call for the reintroduction of internment. This occurs in 1971 and authorises internment of those suspected to be involved in terrorism. Although there are loyalist as well as republican terrorists at this time, of the 1,981 men interned, only 107 are loyalists.

Internment ends in 1975, but is credited with increasing support and sympathy for the Provisional Irish Republican Army amongst the Catholic community and outside of Northern Ireland. It helps to create political tensions which culminate in the 1981 Irish Hunger Strike and the death of MP Bobby Sands. Imprisonment under anti-terrorism laws specific to Northern Ireland continue until the 1998 Good Friday Agreement, but these laws require the right to a fair trial be respected.

The Act encounters further controversy in the 1970s due to the deployment of the British Army in Northern Ireland and its role in maintaining order and similar policing-style duties. In 1972, the government is forced to amend the Act in order to legalise the detention of internees arrested by soldiers. Martin Meehan had been arrested after escaping from Crumlin Road Gaol and charged with escaping from lawful custody. At his trial he successfully argues that under the Special Powers Act a soldier has no power of arrest and, as such, he has the legal right to escape. He is awarded £800 in compensation for being illegally detained for twenty-three days.


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The Funeral of Liam Cosgrave

The funeral of Liam Cosgrave, Taoiseach from 1973 to 1977, takes place in Dublin on October 7, 2017. In accordance with the wishes of the Cosgrave family, it is not a state funeral. The Requiem Mass takes place at the Church of the Annunciation in Rathfarnham with burial afterwards at Goldenbridge Cemetery in Inchicore, Dublin. Taoiseach Leo Varadkar, members of the Government, and former Taoisigh are in attendance at the ceremony in Rathfarnham. Cosgrave died on October 4, 2017 at the age of 97.

Born on April 13, 1920, Cosgrave has a 40-year political career and is part of the government which sees Ireland become a Republic in 1949. He also oversees Ireland joining the United Nations, addresses the United States Congress in 1976 and signs the Sunningdale Agreement in Northern Ireland which leads to a short-lived power-sharing executive in Belfast in 1972.

Following tributes from across the political spectrum in Ireland, the Cosgrave family, his three children, Mary, Liam and Ciaran, are offered a state funeral. At their request the funeral Mass and burial has some trappings of state but it is a private service. His wife Vera died in 2016.

Ten military policemen carry the coffin of Cosgrave as his funeral begins in Dublin. Current Taoiseach Leo Varadkar and his predecessors Enda Kenny and Bertie Ahern are among those who attend the funeral Mass at the Church of the Annunciation in Rathfarnham. Members of the judiciary, Army and police also pay their respects.

Cosgrave is buried in Goldenbridge Cemetery, Inchicore, beside his father W.T. Cosgrave, a key figure in the foundation of the Irish Free State and an officer in the 1916 Easter Rising.

Cosgrave is Taoiseach from 1973-1977, some of the most turbulent years of the Northern Ireland Troubles. He has been described as a consistent and courageous voice against terrorism. He is at the head of government on the worst day of atrocities in the Troubles – the Dublin and Monaghan bombings on May 17, 1974 when loyalists kill 33 people, including a pregnant woman at full term.


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Birth of Provisional IRA Member Seán Savage

sean-savageSeán Savage, Provisional Irish Republican Army member who is shot dead by the British Army while attempting to plant a car bomb in Gibraltar, is born in Belfast on January 26, 1965.

Born into an Irish Republican family in the Kashmir area of Belfast, Savage is educated at St. Gall’s Primary School, and at St. Paul’s Secondary School in the Falls Road area of West Belfast.

In 1987 Savage and Daniel McCann shoot and kill two Royal Ulster Constabulary officers at Belfast docks. He is also the leader of an IRA attack that places a car bomb beneath the car of John McMichael, an Ulster loyalist paramilitary, in Lisburn in December 1987. McMichael dies of his injuries two hours after the blast.

In March 1988, Savage and McCann, along with another Provisional IRA member, Mairéad Farrell, are sent to the British overseas territory of Gibraltar to plant a bomb in the town area targeting a British Army band which parades weekly in front of The Convent, the official Governors’ residence. However, the British Government acquires information about the intended attack and specially dispatches a British Army detachment there to intercept it, in an operation that it code-names Operation Flavius.

On March 6, 1988 Savage, McCann and Farrell enter Gibraltar from across the Spanish border to carry out a reconnaissance of the target. Having conducted it, they are leaving Gibraltar on foot approaching the Spanish border in two separate parties, when Savage sees McCann and Farrell up ahead being confronted and shot dead by soldiers from the Special Air Service regiment. He turns around and flees, running back into Gibraltar town, closely pursued on foot by another SAS soldier. After a 300-yard chase the soldier catches up with Savage and shoots him dead beneath a beech tree in Smith Dorrien Avenue. Civilian witnesses to the incident state afterwards that Savage is repeatedly fired upon by the soldier that had run him down while he is lying on the ground seemingly incapacitated.

The IRA team is subsequently found to be unarmed at the time of their deaths. A hire car rented by them, converted into a car bomb containing 140 lbs. of Semtex, with a device timed to go off during the changing of the guard ceremony in Gibraltar, is found two days later by the Spanish Police, who had assisted the British Government in tracking the IRA team’s movements in its territory before it had entered Gibraltar.

The bodies of Savage, Farrell and McCann are repatriated to Northern Ireland, where a collective IRA-sponsored funeral is held for them on March 16, 1988 at the IRA plot in Milltown Cemetery in West Belfast. As the coffins are being lowered into the ground Michael Stone, an Ulster loyalist paramilitary, stages a single-handed attack upon the ceremony, throwing grenades and firing a handgun at mourners. The funeral immediately descends into chaos. One group of mourners pursues the retreating attacker, who continues to throw grenades and fire bullets, through the cemetery grounds. Three of the unarmed mourners are killed and scores are injured. Stone retreats onto the adjoining M1 motorway, where he is arrested.

A Gibraltar inquest into the deaths of Savage, McCann and Farrell concludes the three had been lawfully killed. In 1995, the European Court of Human Rights rules that the human rights of the three were infringed, and criticizes the British authorities for lack of control in the arrest operation. They also rule that the three had been engaged in an act of terrorism, and consequently dismissed unanimously the applicants’ claims for damages, for costs and expenses incurred in the Gibraltar Inquest and the remainder of the claims for just satisfaction.

A British television documentary, Death on the Rock (1988), is produced and broadcast about the failed IRA operation in Gibraltar, examining the details of the events, and raising doubts about aspects of the British Government’s statements about the circumstances of the shootings of the IRA team, and questioning whether excessive force had been used in the confrontation in line with persistent rumours in the British media at that time of a “Shoot to Kill” strategy being used against the Provisional IRA by the British Government.


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OHCHR Mary Robinson Criticises U.S. for Violating Human Rights

mary-robinsonOn August 30, 2002, the United Nations High Commissioner for Human Rights, Mary Robinson, criticises the United States for violating human rights in its war on terrorism and of trying to scale back plans to save the world’s poorest people.

Robinson becomes the United Nations High Commissioner for Human Rights on September 12, 1997, following her nomination to the post by Secretary-General of the United Nations Kofi Annan and the endorsement of the General Assembly.

She assumes responsibility for the UN human rights programme at the time when the Office of the High Commissioner and the Centre for Human Rights are consolidated into a single Office of the High Commissioner for Human Rights (OHCHR).

As High Commissioner, Robinson gives priority to implementing the Secretary-General’s reform proposal to integrate human rights into all the activities of the United Nations. During her first year as High Commissioner, she travels to Rwanda, South Africa, Colombia and Cambodia, among other countries. In September 1998, she becomes the first High Commissioner to visit China and signs an agreement with the Government for OHCHR to undertake a wide-ranging technical-cooperation programme to improve human rights in that country. She also strengthens human rights monitoring in such conflict areas as Kosovo in the Federal Republic of Yugoslavia. Her term of office expires in 2002 after sustained pressure from the United States leads her to declare she is no longer able to continue her work.

Robinson comes to the United Nations after a distinguished, seven-year tenure as President of Ireland. She is the first Head of State to visit Rwanda in the aftermath of the 1994 genocide there. She is also the first Head of State to visit Somalia following the crisis there in 1992, and receives the CARE Humanitarian Award in recognition of her efforts for that country.

Before she is elected President of Ireland in 1990, Robinson serves as Senator for 20 years. Born on May 21, 1944 in Ballina, County Mayo, she is called to the bar in 1967 and two years later becomes the youngest Reid Professor of Constitutional Law at Trinity College, Dublin. In 1973, she becomes a member of the English Bar (Middle Temple). She becomes a Senior Counsel in 1980, and serves as a member of the Advisory Commission of Inter-Rights (1984-1990) and as a member of the International Commission of Jurists (1987-1990).

Educated at Trinity College, Robinson holds law degrees from the King’s Inns in Dublin and from Harvard University. She has been awarded numerous honorary degrees, medals and prizes from universities and humanitarian organizations around the world. In July 2009, she is awarded the Presidential Medal of Freedom, the highest civilian honour awarded by the United States, by U.S. President Barack Obama.


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Birth of Martin Galvin, Publisher & Activist

martin-galvinMartin J. Galvin, Irish American lawyer, publisher and activist, and former director of NORAID, is born on January 8, 1950 supposedly in Long Island, New York, although he may have been born in the Republic of Ireland as he once, during an interview with 60 Minutes, refers to the “partition of the country of my birth.”

Galvin is the son of a fireman. He attends Catholic schools, Fordham University and Fordham University School of Law. He previously works as a hearing officer for the New York City Department of Sanitation.

Galvin serves as the publicity director for the New York-based NORAID, an Irish American group fundraising organization which raises money for the families of Irish republican prisoners, but is also accused by the American, British, and Irish governments to be a front for the supply of weapons to the Provisional Irish Republican Army

Galvin becomes a publisher of The Irish People in the 1980s. He is banned from Northern Ireland because of a speech he gives that seems to endorse terrorism. In August 1984 he defies the ban and enters Northern Ireland from the Republic of Ireland. The following year he returns to Northern Ireland to attend a funeral for an IRA member killed when a makeshift grenade launcher he is trying to fire at a Royal Ulster Constabulary barracks explodes. In 1989 Galvin is arrested and deported for violating the exclusion ban yet again.

Galvin has criticised the Northern Ireland peace process as a betrayal of republican ideals, and characterizes the IRA’s decision to open up its arms dumps to Independent International Commission on Decommissioning inspectors as a surrender.

On May 28, 2016, Galvin attends a commemoration for PIRA volunteer George McBrearty in Creggan, Derry.


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Birth of Seán Doherty, Fianna Fáil Politician

sean-dohertySeán Doherty, Fianna Fáil politician who serves as Cathaoirleach of Seanad Éireann from 1989 to 1992 and Minister for Justice from March 1982 to December 1982, is born on June 29, 1944 in Cootehall near Boyle, County Roscommon. He also serves as a Teachta Dála (TD) from 1977 to 1989 and 1992 to 2002 and is a Senator for the Administrative Panel from 1989 to 1992.

Doherty is educated at national level in County Leitrim and then at University College Dublin and King’s Inns. In 1965, he becomes a member of the Garda Síochána and serves as a detective in Sligo before joining the Special Detective Unit in Dublin in the early 1970s. In 1973, he takes a seat on the Roscommon County Council, which had been vacated after the death of his father.

After serving for four years on the Roscommon County Council, Doherty is elected as a Fianna Fáil TD for the Roscommon–Leitrim constituency at the 1977 general election.

In 1979, Doherty is a key member of the so-called “gang of five” which supports Charles Haughey‘s attempt to take over the leadership of the party. The other members are Albert Reynolds, Mark Killilea Jnr, Tom McEllistrim and Jackie Fahey. Haughey is successful in the Fianna Fáil leadership election and Doherty is rewarded by being appointed Minister of State at the Department of Justice from 1979 to 1981. In the short-lived 1982 Fianna Fáil government he enters the Cabinet as Minister for Justice. In this post he becomes involved in a series of controversies.

Doherty’s brother-in-law, Garda Thomas Nangle, is charged with assaulting James McGovern, a native of County Fermanagh, in a public house in December 1981. On September 27, 1982, hours before the case is due to be heard in District Court in the small village of Dowra, County Cavan, McGovern is arrested by the Special Branch of the Royal Ulster Constabulary (RUC) on the basis of entirely false Garda intelligence that he is involved in terrorism. The case against Nangle is dismissed because the principal witness, McGovern, fails to appear in court. The solicitor representing Nangle is Kevin Doherty, Seán Doherty’s brother. This questionable use of Garda/RUC Special Branch liaison, set up under the 1985 Hillsborough Anglo-Irish Agreement, prevents meetings between the Garda commissioner and the RUC chief constable for almost three years.

After Doherty leaves office it is revealed in The Irish Times that he ordered the tapping of three journalists home telephones. The newspaper also discloses that he has been interfering in the workings of the Garda and the administration of justice for both political and personal reasons. He immediately resigns from the party only to rejoin it in 1984.

At the 1989 general election his loses his seat in Dáil Éireann to the independent candidate Tom Foxe. He is also an unsuccessful candidate in the elections on the same day to the European Parliament, but he is later elected instead to the Seanad on the Administrative Panel and becomes the Cathaoirleach (Chairman) of the 19th Seanad.

In January 1992 the phone tapping scandal returns to haunt Fianna Fáil. Doherty announces in a television interview that he had shown transcripts of the conversations to Charles Haughey while Haughey was Taoiseach in 1982 although he had previously denied this. Haughey denies the claim also, but is forced to resign from the government, and then resigns as leader of Fianna Fáil. Doherty then regains his seat at the 1992 general election and holds it until his retirement at the 2002 general election.

Seán Doherty dies at Letterkenny General Hospital of a brain hemorrhage on June 7, 2005 while on a family holiday in County Donegal.