Ireland right to impound aircraft, court rules

Foreign Affairs Minister Dermot Ahern tonight welcomed a European Court of Human Rights (ECHR) ruling in favour of the Irish Government.

The Grand Chamber of the ECHR ruled that the impounding of a Yugoslav-owned aircraft in 1993 in enforcing United Nations and European Union sanctions was in accordance with the European Convention on Human Rights.

Mr Ahern said the ruling vindicated Ireland’s stance.

“Today’s unanimous verdict by the European Court of Human Rights strikes a careful balance between the need to prevent mass violations of human rights, such as were occurring in the former Yugoslavia in the 1990’s, and the property rights of particular individuals,” he said.

“I am delighted that Ireland’s forward stance in enforcing UN and EU obligations has been vindicated.”

The Irish authorities impounded the aircraft in June 1993 on the advice of the Sanctions Committee set up by the United Nations Security Council to monitor sanctions against the former Yugoslavia sanctions.

The decision to impound the aircraft was challenged before the Irish courts by Bosphorus Airways, which had leased it from JAT, the Yugoslav state airline, and it was referred by the country’s Supreme Court to the Court of Justice of the European Communities in Luxembourg, which ruled that the Government was obliged to seize such aircraft.

Bosphorus Airways then brought its case to the European Court of Human Rights in Strasbourg, claiming that its right to property, as guaranteed under the European Convention on Human Rights system, had been violated by the impounding of the aircraft.

That Court decided that the applicant’s claim would be heard before a Grand Chamber of 17 judges, reserved to hear cases of particular importance.

The Grand Chamber ruled unanimously that Ireland’s seizure of the aircraft did not violate the applicant’s rights.

In particular, it noted that the Government was obliged, in order to meet its international obligations, to impound the aircraft.