Human rights watchdog warns against planned garda legislation

PROPOSED legislation giving gardaí extensive new powers could be in breach of European and international law, according to the State-appointed human rights watchdog.

In a detailed analysis, the Human Rights Commission (HRC) has expressed grave concern at provisions in the proposed Garda Síochána (Criminal Justice) Bill 2003.

The draft Bill, due to the finalised and introduced this year, will:

Double the detention period to 24 hours.

Allow gardaí to take bodily samples against a person’s will.

Empower gardaí to use reasonable force in doing so.

Extend the right of gardaí, as opposed to judges, to issue search warrants.

The HRC said it was concerned that, given reports of alleged garda ill-treatment of suspects, these powers could increase the risk of further abuse.

“The HRC believes that the more extensive the powers of the Garda Síochána, the more potential there is for the arbitrary and improper use of those powers.”

The HRC will issue a press statement today highlighting their concerns regarding the new proposals.

The HRC said that extending the detention period for suspects from 12 hours to 24 hours raised “serious concerns” with regard to the right to liberty of the person.

It pointed out that periods of rest between 12pm and 8am can be excluded from the 24-hour period, effectively making the possible detention period 32 hours.

“The HRC believes that the case for an increase of a further 12 hours without judicial supervision in the case of all arrestable offences has not been made and that it is not strictly necessary.”

It said that if it could be demonstrated that 12 hours was inadequate for investigating certain serious or complex crimes, then the provision should be targeted on those crimes only, and not all arrestable offences.

The HRC said the proposal raised “the possibility that Ireland might be in violation of its human rights law obligations under the European Convention on Human Rights (ECHR) and the International Covenant of Civil and Political Rights (ICCPR)”.

The HRC also criticised the provision allowing gardaí to take bodily samples - such as saliva - in relation to all arrestable offences without the consent of the person.

It said this amounted “to an interference with the right to private life and bodily integrity as guaranteed under the Constitution and under international human rights law”.

It said such a power was not necessary in a democratic society.

Justice Minister Michael McDowell has said this power would assist the investigation of serious crime, including rape and murder.

The HRC is concerned at the provision allowing gardaí to use reasonable force if a person refuses to give a bodily sample voluntarily.

“Clearly, if the circumstances under which the members of the Garda Síochána are authorised to use reasonable force to obtain bodily samples are to be extended, the risk of physical ill-treatment of persons deprived of their liberty will increase.”

Again, there would be a risk of violating the ECHR.

The HRC also questioned the need to grant the Garda Síochána the power to issue a search warrant given the fact that in practice a judge of the district court is available “at all times” to take requests.