Figures show 34 deaths in or after Garda custody last year

Total of 228 fatal incidents of this nature have taken place between 2007 and 2021

Garda annual reports have provided figures on deaths in custody – only those that happen in a cell or station – since 2016. Picture: Colin Keegan, Collins Dublin

There were 34 fatal incidents last year in which people died either in or after Garda custody, official figures show.

Based on figures from 2007, it is the highest number to date and compares to 20 cases in 2020.

Information provided by Justice Minister Helen McEntee shows that a total of 228 fatal incidents of this kind have taken place over the 15 years, between 2007 and 2021.

Cases where people die or suffer serious harm and where there was contact with gardaí are automatically referred to Garda Síochána Ombudsman Commission for independent investigation.

GSOC investigators determine if the garda actions are linked to the person’s death and whether or not criminal, disciplinary or no action should be taken.

People Before Profit/Solidary TD, Paul Murphy asked a parliamentary question last March seeking information on deaths in Garda custody.

In a reply sent this week to the Dublin South West TD, Ms McEntee pointed out that under Section 102 of the Garda Síochána Act 2005, the Garda Commissioner must refer to GSOC “any matter that appears to the Garda Commissioner to indicate that the conduct of a member of An Garda Síochána may have resulted in the death of, or serious harm to, a person”.

She said that, in turn, GSOC is obliged to investigate the matter.

Information provided by Justice Minister Helen McEntee shows that a total of 228 fatal incidents of this kind have taken place over the 15 years, between 2007 and 2021. Picture: Gareth Chaney / Collins Photos

The minister said the practice in GSOC annual reports was to provide an overview of the circumstances that led to Section 102 referrals, but that this was for both deaths and serious harm.

She said the 2021 annual report did provide this breakdown.

Ms McEntee provided figures on “fatal incidents involving referrals under Section 102” every year since 2007.

These relate to deaths “either in or after Garda custody” They fluctuated, significantly in some years, over the following 10 years, from as high as 23 in 2011 to as low as seven in 2017.

Since then, they have increased, to 15 in 2018, 16 in 2019, 20 in 2020 and 34 last year.

The minister said referrals may refer to more than one death in an incident, such as a traffic collision.

She said the GSOC 2011 annual report provides details on the circumstances of the referrals. The figures include not just those that happen during or after Garda custody, but also where there was contact or interaction with gardaí.

The breakdown shows: Deaths following Garda contact - 9 referrals; deaths in Garda custody – 6 referrals; deaths following release from Garda custody – 5; deaths, road traffic collision (pursuit) – 5; deaths, road traffic collision (other) – 2; deaths during restraint/arrest – 1; deaths (other) – 6 

Figures 'concerning'

Tweeting out the Minister's response, Deputy Murphy said: “Finally got an answer to question I've been asking promoted by @drvconway [Associate Professor, School of Law and Government at DCU] about how many deaths have taken place in or following Garda custody. The figures are extremely concerning.” 

Deputy Murphy is on leave and no further comment was forthcoming when contacted.

The GSOC 2021 Annual Report provides details on the outcome of all Section 12 investigations that were completed in 2021 (based on referrals from previous years).

Of the 25 cases, the bulk found no wrongdoing by a garda, with only one case resulting in a sanction.

 

A breakdown shows:

• Thirteen non-criminal investigations were undertaken and found no evidence of misbehaviour by a garda and no further action was required;
• Three cases were closed after an initial examination showed no evidence of misbehaviour;
• Three criminal investigations found insufficient evidence of criminal misconduct by a garda and no further action was taken;
• Two criminal investigations were concluded and referred to the DPP, which directed no prosecution;
• Two non-criminal investigations were concluded and no sanction was applied by the Garda Commissioner;
• One non-criminal investigation was concluded and a sanction was applied by the Garda Commissioner;
• One case was discontinued due to lack of cooperation from injured party and no other issues of concern

 

Garda annual reports have provided figures on deaths in custody – only those that happen in a cell or station – since 2016.

They show there were zero cases in 2016, 1 case in 2017, zero cases in 2018, 3 cases in 2019 and 1 case in 2020.