Special Criminal Court undermines constitutional rights, warns civil liberties watchdog

The Irish Council for Civil Liberties has repeated its call for the immediate abolition of the court, which has previously been criticised by Amnesty International and the UN

At the Special Criminal Court, gardaí can claim privilege and refuse to give important documents to the defence. Gardaí may also present their belief that someone is guilty without having to show any other evidence. Negative inferences may be drawn from a suspect’s silence.

The Irish Council for Civil Liberties has outlined its opposition to non-jury trials, including at Ireland's Special Criminal Court, describing them as an "intolerable interference with constitutional rights".

ICCL published its submission to the independent review group on the Offences Against the State Act on Monday, stating the rights group had "fundamental difficulties with the court, including the denial of the right to trial by jury, failure to disclose evidence to the defence, and the use of ‘belief’ evidence".