State Papers – 1977: Jack Lynch set up Garda brutality inquiry

JACK LYNCH’S government established a committee to inquire into Garda brutality following a damning inquiry by Amnesty International.

Reports of “heavy gang” activity by detectives led to the human rights group visiting Ireland in mid-1977, interviewing alleged victims, lawyers and examining medical reports.

By the mid-1970s, government officials noted it was “necessary to initiate a complaints procedure for alleged offences” against gardaí. Concerns and criticisms were being made by community groups and county council officials among others.

Roscommon County Council wrote to the Taoiseach “abhorring” Garda actions against students from UCG.

In June 1975, Dublin solicitor Ciarán Mac an Ailí wrote to Liam Cosgrave about two serious alleged cases of assault by gardaí, inquiring about an independent tribunal for complaints.

The following year, records show concerns raised by Amnesty International when Mr Hans Ehresntrale, its deputy general secretary, sent a letter to the Taoiseach.

By June 1977, Amnesty sent a mission to investigate complaints against gardaí, as well as neglect of inmates at Portlaoise Prison.

A damning report of Garda maltreatment was privately sent to Jack Lynch’s newly formed government by Amnesty. It included alleged maltreatment of people in custody, arrested where crimes had a suspected political motive.

Many of the arrests were carried out under the Emergency Powers Act, introduced in 1976, which allowed suspects be held for seven days without charge.

Amnesty examined 28 cases of alleged maltreatment, including testimonies, medical reports and evidence from lawyers. Allalleged victims reported the abuses being carried out by plain clothes detectives, with many saying they were beaten and punched, deprived of sleep and food and often interrogated for dozens of hours without access to a solicitor.

“Allegations common to every case examined are that the victims were at various times beaten and punched, the most common targets being the ears, stomach and groin; knocked or thrown against walls or furniture; thrown from one officer to another; kneed in the stomach and kicked….”

Weapons were also reportedly used on those in custody, such as a truncheon, straps, hammer or rope. In nearly all cases, victims reported abuses being carried out by detectives from the Central Detective Unit, the Garda Technical Bureau or Special Branch.

Lawyers reported it was difficult accessing clients in custody. Victims also said, in several cases, maltreatment stopped only after they signed incriminating statements. Victims feared taking legal actions and publicly naming officers, Amnesty noted.

Its report to government was concerned about the Special Criminal Court accepting police evidence over that of suspects.

“Insufficient safeguards” for the rights of suspects existed in law, concluded Amnesty, criticising the previous government under Liam Cosgrave for not investigating the alleged abuses.

The Irish Association of Civil Liberty was also pushing for a publicly funded Garda complaints board, made up of solicitors and the judiciary.

Amnesty, having spoken to Portlaoise inmates, relatives, lawyers and a chaplain, also wanted a separate inquiry. By October, the Cabinet had decided to establish a committee to investigate charges of Garda brutality.