Civil liberties group criticises plan for second Special Criminal Court

The Irish Council for Civil Liberties has described plans for a second Special Criminal Court as a violation of Ireland's international legal obligations.

The group says the first court was set up in "extraordinary times" of the Troubles.

However, it says that creating a second non-jury court is unjustified, because it suspends fair trial guarantees.

The Minister for Justice has confirmed plans to establish a second court in an effort to cut a two-year backlog of cases, including dissident and gangland trials.

ICCL executive director Mark Kelly said: "The Special Criminal Court was created as an extraordinary court in extraordinary times; however, no reasonable person could today claim that there is a public emergency threatening the life of the nation.

"It is therefore unjustified that this Court's procedures suspend fundamental fair trial guarantees, including the right to trial by jury.

"The UN Human Rights Committee has repeatedly identified the Special Criminal Court as being in violation of Ireland's legal obligations under international human rights treaties, and called for its abolition.

"In 2014, the Committee expressed particular concern 'at the expansion of the remit of the Special Criminal Court to include organised crime'."

"The continuation, much less the expansion, of such a court in peacetime flouts Ireland's human rights obligations and is not necessary in a democratic society.

"Crime, particularly violent and gang crime, are a legitimate concern for our legislators.

"Tackling such crime must not rely, however, on chipping away at the right to a fair trial, but on a commitment to adequately resourcing An Garda Síochána and the regular courts."