‘Credible’ evidence for garda mistreatment claims

CLAIMS of people being mistreated and beaten by gardaí have credibility, according to evidence gathered by a European rights’ watchdog.

The European Committee for the Prevention of Torture (CPT) said that in some cases the claims were supported by medical evidence.

The CPT, an agency of the Council of Europe, said a worrying number of people made allegations of abuse during their inspections of five garda stations three in Cork and two in Dublin.

"A not inconsiderable number of persons claimed that they had been physically ill-treated by gardaí," the report said.

The alleged mistreatment occurred either during arrest, while being restrained, during transport to police stations or while in detention. "In certain cases the ill-treatment alleged was said to have been inflicted by officers trying to obtain information or secure a confession from a detained person."

The report added: "The allegations involved, in the main, blows with batons, as well as kicks and punches to various parts of the body. On occasion, the ill-treatment was of a severe nature."

In some cases the mistreatment was meted out in such as way as to leave no mark, for example, placing a telephone book on a head or behind a knee and hitting it with a baton.

Commenting, the inspectors said: "The number and consistency of the allegations of ill-treatment heard by the delegation lend them credibility. Moreover, in some cases, the delegation's doctors gathered medical evidence consistent with the allegations received."

The report added: "It should be noted that, in certain of the cases examined during the visit, other evidence gathered by the CPT's delegation (eg from custody records, information provided by police offices) tended to support the allegations of ill-treatment received."

The CPT noted that legal provisions requiring gardaí to report and investigate use of force against detained persons and to arrange for medical examinations were apparently not always complied with.

The report called on the Government to give a detained person the right to have a lawyer present during interrogations.

In their lengthy response, the Government said it could not make a comment on the alleged mistreatment in the absence of specific information.

"The Government is, of course, concerned to learn of these cases and accepts that, if the injuries were received as alleged, then the police officers concerned acted in an improper manner."

The Government said the rights of detainees were enshrined in legislation and garda rules.

The Government said audio-visual recording equipment was installed in garda stations nationwide and would act as a protection to both detainees and gardaí.

Stations visited were Cobh, Bridewell and Gurranabraher, all in Cork, and Bridewell and Store Street in Dublin.