‘Hooded men’ hope for Government decision today

Several men seeking the reopening of a landmark case against Britain over the alleged use of torture techniques in Northern Ireland during the Troubles are "heartened" the Government is now taking their case seriously, their counsel told the High Court yesterday.

Ronan Lavery QC said he understood a decision on the matter may come from the Government today.

Known as “the hooded men” — because hoods were placed over their heads during interrogation — they want a court order requiring the Government to decide if it is to seek to revise a 1978 judgment of the European Court of Human Rights (ECHR) which found their treatment, while inhumane and degrading, did not constitute torture.

They say the British government has since admitted that similar treatment of prisoners in Kenya in the 1950s was torture and had apologised for it.

Their legal action requiring that a decision be made on reopening the ECHR case was adjourned to today after High Court President Mr Justice Nicholas Kearns was told the Government may make a decision today. The deadline for making an application for revision of the decision is Thursday.

Michael McDowell, for the State and attorney general, said he wanted to make it clear it was a matter for the Government to make a decision, not for the attorney general.

Under the rules of the ECHR, a revision application must be made within six months of new information coming to light.

In June, new information emerged in RTÉ programme The Torture Files which revealed evidence produced to the ECHR was deliberately misleading.

Mr Lavery said yesterday his clients had co-operated with the 1970s inquiry into the matter which ultimately resulted in the ECHR decision.

An affidavit filed on behalf of the State yesterday had given his clients “considerable comfort” as it stated the matter had been given “careful and serious consideration”. Given the court could only at this stage make an order compelling the Government to make a decision, and given a decision may be made today, counsel did not wish to “weary the court” with a matter that might become pointless.