Asbos could breach human rights, says commissioner
Commissioner Alvaro Gil-Robles said it was difficult not to breach Asbo orders, given the way they were made. He said this was a particularly serious issue, as breaching an order was a criminal offence. “It is difficult to avoid the impression that the Asbo is being touted as a miracle cure for urban nuisance,” he said.
The Council of Europe commissioner made his comments following an examination of the operation of Asbos in Britain.
Justice Minister Michael McDowell has proposed introducing Asbos here, but has yet to bring his plans to the Cabinet.
Asbos operate under civil, rather than criminal, law. However, breach of an order is a criminal offence and can result in a custodial sentence.
“The Asbo blurs the boundaries between the civil and criminal justice systems and great care must consequently be taken to ensure that the rights to a fair trial and liberty are respected,” said Mr Gil-Robles.
He pointed out that 42% of Asbos up to December 2003 in Britain were breached and that 55% of these were punishable with a custodial sentence.
He said it was difficult to define Asbo orders which did not “invite inevitable breach”.
Sarah Benson of Children’s Rights Alliance said the Commissioner’s report highlighted the case against Asbos. “Asbos breach the United Nations Convention on the Rights of the Child, which states that detention should be a last resort.”
She said anti-social behaviour could be dealt with under existing legislation, including the Public Order Act and the Children Act.
“The problem is that gardaí don’t have the resources in terms of community policing or juvenile liaison officers. Regarding the Children Act, only two of the 10 community sanctions are in place.”
She said that regardless of the restrictions put in place by Mr McDowell, the law will take on a life of its own once passed.
A spokesperson for Mr McDowell said the minister would examine the report. He said the proposals would “significantly differ” from the British model.
The spokesperson said children who breach the order would receive less serious penalties, such as curfews, whereas adults may face prison sentences.
