The report into the death of 14-year old Brian Rossiter has identified a clear violation of the European Convention on Human Rights, according to the Irish Council for Civil Liberties (ICCL).
Mr Hugh Hartnett SC found that: "The documentation produced in the course of the investigation into the death of Brian Rossiter and the evidence heard at this Inquiry does not show any indication of there being any real investigation in relation to the possibility of Brian Rossiter having been assaulted or his having received a fatal injury while in custody."
Speaking shortly after the release of the Hartnett report, ICCL Director, Mr Mark Kelly, said that, “Article 2 of the European Convention on Human Rights requires that, whenever there is an allegation that someone has been injured or has died as the result of a garda assault, that allegation must be investigated in a way which is independent, effective, prompt and transparent.”
"Hugh Hartnett’s report finds that there was no independent investigation of the allegations regarding Brian Rossiter’s death, and that the investigating Superintendent failed to take all reasonable steps to secure evidence concerning an alleged Garda assault, including eyewitness testimony and forensic evidence.
"This failure to carry out an effective investigation is a clear violation of Article 2 of the European Convention on Human Rights," said Mr Kelly.
"The Irish Council for Civil Liberties trusts that, were such tragic events ever to recur, they would be investigated by the Garda Síochána Ombudsman Commission in a way which is fully compliant with Ireland’s obligations under the European Convention on Human Rights,” he concluded.