Gardaí deny allegations that use of force at pro-Palestine protest violated 'human rights obligations'

Garda HQ said there was 'a co-ordinated and concerted effort to physically breach the Garda cordon'. File picture: Leah Farrell / RollingNews.ie

Garda headquarters has strongly rejected allegations from civil rights and university groups that Garda use of force at pro-Palestine protests near Dublin Port on October 4 violated international obligations.

The allegation was made by the Irish Council for Civil Liberties (ICCL) and the Irish Centre for Human Rights at the University of Galway. They had sent a team of seven observers to accompany protests.

In a report, the two bodies said: “Without justification, gardaí restrained and dispersed peaceful (but disruptive) protesters using force and incapacitant (pepper) spray, in violation of Garda policies and Ireland’s international human rights obligations.” 

It said in the first incident, just after 2pm, a cordon of gardaí stood across the East Wall Road to block access to Dublin Port.

“Protesters locked arms and tried to force their way through the Garda line," the report said. 

“Gardaí used batons and pepper spray against the protesters. Within 10 seconds of protesters approaching the garda cordon, one garda can be seen removing pepper spray from its holster. Four gardaí (numbers obscured) released pepper spray at short range within one metre initially against advancing protesters.” 

The report said despite protestors retreating, gardaí continued to spray them.

It referred to a second incident, over an hour and a half later, on a nearby section of the same road, where protestors, involving the first group, marched on a line of mainly public order gardaí.

It said the protestors again linked arms and began to push against the Garda cordon and that, in response, gardaí used batons and pepper spray.

“Gardaí advanced aggressively on protesters and a number of injuries were sustained," the report said. 

"One protester, who was standing in front of a public order gardaí with his hands raised in surrender, was pushed with significant force and fell to the ground, resulting in a broken wrist.” 

It claimed that as the crowd retreated, gardaí used batons “dangerously close to the heads of protesters”, risking injury.

In response, Garda HQ said there was "a co-ordinated and concerted effort to physically breach the Garda cordon".

It said the ICCL report stated at the gathering at 2.08pm, “protesters locked arms and tried to force their way through the Garda line” and at the gathering at 3.55pm “protestors with linked arms began to push against the Garda cordon”.

The Garda statement said: "The ICCL reports fails to reference the repeated warnings from individual gardaí for those present to ‘get back’ and also fails to reference a number of missiles being thrown towards the Garda lines, which precipitated the further deployment of the Garda Public Order Unit, with shields, as part of an ongoing graduated policing response.

"The report does not address whether protesters trying to “force their way through a Garda line” or ‘push against the Garda cordon’ is a peaceful form of protest. According to the ICCL such action is merely ‘disruptive’.

"Members of An Garda Síochána have a reasonable expectation to carry out their duties without members of the public trying to ‘force their way through the Garda Line’ or ‘push against the Garda cordon’, putting the safety, health and welfare of those Garda members, doing their duty, at risk."