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Belgium

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings during the year.

On April 10, Adil, a young man of Moroccan descent, was killed as he attempted to evade a COVID-related police control at Place du Conseil in Anderlecht. According to press reports, Adil died when his motor scooter collided head-on with a police vehicle as he attempted to flee. An independent examining magistrate was named to lead an involuntary manslaughter investigation into the police actions.

In August a video came to light of a two-year-old incident at Charleroi airport showing a group of police officers subduing and killing an apparently unstable Slovak citizen by putting a blanket over his head and sitting on him, while at one point an officer made a Hitler salute. The number two official in the Federal Police relinquished his duties until an investigation was completed. The senior officer on duty at the airport on the day of the fatal arrest was temporarily reassigned administrative duties. Police stated that an internal investigation and judicial inquiry were underway.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law prohibit such practices. There were some reports, however, that prison staff physically mistreated prisoners.

On January 14, two prison guards were found guilty of mistreating jihadist preacher Khalid Zerkani, an ISIS recruiter. The event took place after Zerkani’s transfer to the Saint-Gilles Prison in 2016, with the guards referring to it as an accident. Although the guards were found guilty, the court delivered no punishment, citing the four-year period that had elapsed since the incident. The court also acquitted a third prison guard who was a witness to the mistreatment.

In 2019 the Interfederal Center for Equal Opportunities (UNIA) reported 81 complaints of excessive force or abuse of power by security forces. Of these complaints, eight out of 10 were linked to racial or religious motives. The majority occurred during unplanned interventions. The Permanent Committee for the Control of Police Services rules on an average of 30 cases per year, of which 80 percent are cleared.

On July 17, a police officer was sentenced to one year in prison plus a fine for excessive force against a migrant of Sudanese origin. The officer had violently handled the man, sprayed gas in his eyes, and destroyed his mobile telephone. The man and other migrants at the scene were then loaded into a truck, after which they were left at the Willebroeck Canal.

Impunity in the security forces was not a significant problem.

Prison and Detention Center Conditions

Prison and detention center conditions did not always meet international standards. Prison conditions, especially during the COVID-19 pandemic, presented health risks due to overcrowding, hygiene problems, inadequate physical activity, and lack of access to materials and medical care.

Physical Conditions: A study by the University of Lausanne in collaboration with the Council of Europe showed that, in 2019, the country’s prisons held 120.6 inmates per 100 prison spaces. Prison overcrowding remained a problem, despite a temporary decrease in the number of inmates.

Media reported that the overcrowding situation became more serious in the context of COVID-19, as several inmates often shared a single cell. In May the country reduced its prisoner population by 11 percent to prevent overcrowding during the pandemic, but the problem persisted. Many prisoners were made to return in June. As of June 16, however, there were 24 confirmed COVID-19 cases among the country’s prison population. As of May 29, prisoners had made 122,000 masks that were provided to every inmate, staff member, and visitor. Prisoners were allowed one visitor per week, and mail correspondence was set up between inmates and volunteers.

On October 8, the Nivelles Prison, in Brabant Province, entered lockdown after eight inmates tested positive for coronavirus. On October 10, the Huy Prison in Liege Province also entered lockdown after six prisoners tested positive for coronavirus. Increases in COVID-19 cases late in the year and strikes by prison staff increased concerns about prison overcrowding. On October 12, the local section of the International Prison Observatory requested the justice ministry to take immediate action to reduce the prison population to manageable levels during the COVID-19 pandemic.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment. The federal mediator acts as an ombudsman, allowing any citizen to address problems with prison administration. The federal mediator is an independent entity appointed by the Chamber of Representatives to investigate and resolve problems between citizens and public institutions.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers, among them several domestic committees.

d. Arbitrary Arrest or Detention

The law prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

Under the constitution, an individual may be arrested only while committing a crime or by a judge’s order, which must be carried out within 48 hours. The law provides detainees the right to prompt judicial determination of the legality of their detention, and authorities generally respected this right. Authorities promptly informed detainees of charges against them and provided access to an attorney (at public expense if necessary). Alternatives to incarceration included conditional release, community service, probation, and electronic monitoring. There was a functioning bail system, and a suspect could be released by meeting other obligations or conditions as determined by the judge.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are presumed innocent and have the right to be informed promptly and in detail of the charges against them; to a fair, timely, and public trial; to be present at their trial; to communicate with an attorney of their choice (or have one provided at public expense if unable to pay); to have adequate time and facilities to prepare a defense; to have free assistance of an interpreter (for any defendant who cannot understand or speak the language used in court); to confront prosecution or plaintiff witnesses and present one’s own witnesses and evidence; to not be compelled to testify or confess guilt; and to appeal. The law extends these rights to all defendants.

France

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. Mechanisms to investigate security force killings and pursue prosecutions include the police disciplinary body, the Inspector General of the National Police (IGPN), the Gendarmerie police disciplinary body, the Inspector General of the National Gendarmerie (IGGN), and a separate and independent magistrate that can investigate police abuses.

As of November 20, the country had experienced seven terrorist attacks during the year in Paris, Metz, the southeastern town of Romans-sur-Isere, Conflans-Sainte-Honorine, and Nice. A total of seven persons were killed and 12 injured. Each attack was carried out by a single individual. Police killed three attackers, injured one, and arrested three others for the attacks. In one of the attacks on January 3, for example, a man stabbed several persons in the Parisian suburb of Villejuif while reportedly yelling “Allahu akbar.” He killed one person and injured two others before police killed him. The national antiterrorist prosecutor’s office (PNAT) took jurisdiction of the investigation due to the suspect’s evident radicalization and planning for the attack. On October 29, a Tunisian terrorist killed three Christian worshippers in a church in Nice.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

While the constitution and law prohibit such practices, there were a number of accusations that security and military personnel committed abuses.

On March 24, the Council of Europe’s Committee for the Prevention of Torture (CPT) published a report on its 2018 visit to examine the treatment and conditions of persons detained under immigration and asylum law. In each of the five administrative detention centers visited, a small number of persons claimed to have been physically abused by border police officials, most often in the context of verbal altercations. Several persons also reported insults, in particular of a racist nature, and disrespectful remarks on the part of border police officials, in the detention centers and in the waiting area (terminals and ZAPI 3) of the Roissy-Charles-de-Gaulle airport.

During the year there were reports that police used excessive force during regular antigovernment demonstrations by “Yellow Vest” protesters over perceived social inequality and loss of purchasing power, demonstrations against pension reforms in late 2019 and at the beginning of the year, and protests against alleged police racism and brutality. The annual report of the Inspector General of the National Police (IGPN), published on June 8, found that the number of investigations carried out by the inspectorate increased by nearly a quarter, compared with the same period in 2019. More than half of the 1,460 investigations pertained to “willful violence” by officers, a 41 percent increase from 2018, while nearly 39 percent of the cases of alleged police use of force pertained to public demonstrations. The report noted that the Yellow Vest protests had led to “an overload for the IGPN” with 310 related complaints.

On July 16, judicial sources announced three police officers were charged with manslaughter after the January death of a Paris delivery driver from asphyxia during his arrest by police. A fourth police officer was under investigation but had not been charged. The victim, Cedric Chouviat, was stopped by police close to the Eiffel Tower on January 3 in a routine traffic stop. In a video acquired by investigators, Chouviat was heard saying, “I’m suffocating,” seven times in 22 seconds as police held him down, allegedly in a chokehold.

Following several protests across the country against police violence and racism, on June 8, then interior minister Castaner announced adoption of new measures, including banning police use of chokeholds, improving and continuing training, requiring law enforcement officers to make their police identification number visible, increasing the use of body cameras, suspending officers under investigation for racism, and strengthening the IGPN to make it more “coherent” and independent.

Prison and Detention Center Conditions

While prisons and detention centers met international standards, credible NGOs and government officials reported overcrowding and unhygienic conditions in prisons.

Physical Conditions: As of July 1, the overall occupancy rate in the country’s prisons stood at 97 percent (58,695 prisoners for 60,592 spaces), with the rate at some facilities reaching 150 percent. Due to COVID-19 prevention measures, the number of prisoners hit a record low, the first time in decades the overall prison population was below capacity.

On May 20, the Ministry of Justice released an internal memo directing its prosecutors and judges to apply fully a March 25 legal reform that limits new prison entries and ensures the prison population remains within capacity. The internal memo requires “sustained mobilization in favor of penalty adjustment,” which in practice leads to curtailing some sentences as they near completion and limits courts’ ability to apply short prison sentences.

NGOs agreed that detention conditions for women were often better than for men because overcrowding was less common.

The CPT visited five administrative detention centers, four waiting areas, and the Franco-Italian border to examine the situation of persons not admitted to French territory. In its March 24 report, the CPT expressed concern regarding the austerity of the facilities, the absence of activities for detainees, and the lack of contact with staff. The visit to the “sheltering” premises at a police station in Menton-Pont-Saint-Louis for detained migrants revealed substandard physical conditions. A small number of detainees also claimed to have been subjected to violence by codetainees.

Overcrowding in overseas territories tracked the national trends. The Ministry of Justice reported in July that the occupancy rate for all prisons in overseas territories was 100 percent and reached 149 percent at the Faa’a Nuutania prison in French Polynesia.

On January 30, the European Court of Human Rights ruled the state violated protections in the European Convention on Human Rights against inhuman and degrading treatment by allowing overcrowding and unsanitary conditions in its prisons after it heard complaints from 32 inmates held in prisons in Nice, Nimes, and Fresnes as well as the overseas territories of Martinique and French Polynesia. In response to the decision, the Supreme Court issued a ruling on July 8 that allows judges to release prisoners when they determine detention conditions to be degrading. The Supreme Court reversed case law, ruling that it was up to the judge to ensure adequate detention conditions and that if conditions violating human dignity could not be remedied, the judge should order the prisoner’s immediate release.

Administration: Authorities generally conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted prison visits by independent human rights observers, both local and foreign. In addition to periodic visits by the CPT, the UN Committee against Torture regularly examined prisons. On July 6-10, a CPT delegation carried out an ad hoc visit to assess the situation of persons deprived of their liberty in Alsace, a region particularly affected by the COVID-19 pandemic. The delegation visited various detention facilities and examined measures taken to protect both detainees and staff before, during, and after the two-month COVID-19 lockdown imposed by authorities.

d. Arbitrary Arrest or Detention

The constitution and law prohibit arbitrary arrest and detention and provide for the right of any person to challenge the lawfulness of his or her arrest or detention in court. The government generally observed these requirements, but lengthy pretrial detention remained a problem.

Arrest Procedures and Treatment of Detainees

The law requires police to obtain warrants based on sufficient evidence prior to detaining suspects, but police may immediately arrest suspects caught committing an illegal act. While in police custody, a person has the right to know the legal basis and expected duration of the detention, to remain silent, to have representation by counsel, to inform someone such as a family member or friend, and to be examined by a medical professional. Defense lawyers have the right to ask questions throughout an interrogation. Authorities generally respected these rights.

The law allows authorities to detain a person up to 24 hours if police have a plausible reason to suspect such person is committing or has committed a crime. A district prosecutor has the authority to extend a detention by 24 hours. A special judge, however, has the authority to extend detention by 24-hour periods up to six days in complex cases, such as those involving drug trafficking, organized crime, and acts of terrorism. A system of bail exists, and authorities made use of it.

Detainees generally have access to a lawyer, and the government provides legal counsel to indigent detainees. The law also requires medical examiners to respect and maintain professional confidentiality. The law forbids complete strip searches except in cases where authorities suspect the accused of hiding dangerous items or drugs.

Pretrial Detention: Long delays in bringing cases to trial and lengthy pretrial detention were problems. Although standard practice allowed pretrial detention only in cases involving possible sentences of more than three years in prison, some suspects spent many years in detention before trial. As of July pretrial detainees made up 34 percent of the prison population.

e. Denial of Fair Public Trial

The constitution and law provide for an independent judiciary. The government generally respected judicial independence and impartiality, although delays in bringing cases to trial were a problem. The country does not have an independent military court; the Paris Tribunal of Grand Instance (roughly equivalent to a district court) tries any military personnel alleged to have committed crimes outside the country.

Trial Procedures

The constitution and law provide for the right to a fair trial, and an independent judiciary generally enforced this right. The usual length of time between charging and trial was approximately three years. Defendants enjoyed a presumption of innocence, and authorities informed defendants of the charges against them at the time of arrest. Except for those involving minors, trials were public. Trials were held before a judge or tribunal of judges, except in cases where the potential punishment exceeded 10 years’ imprisonment. In such cases a panel of professional and lay judges heard the case. Defendants have the right to be present and to consult with an attorney in a timely manner. Authorities provided an attorney at public expense if needed when defendants faced serious criminal charges. Defendants were able to question the testimony of prosecution witnesses and present witnesses and evidence in their defense. Authorities allowed defendants adequate time and facilities to prepare a defense. Defendants have the right to remain silent and to appeal. Defendants who do not understand French are provided with an interpreter.

Germany

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings. In the event of a killing by security forces, police begin an internal investigation under the leadership of the state prosecutor.

The trial against two right-wing extremist suspects for the June 2019 killing of local Hesse politician Walter Luebcke began June 16. The crime was widely viewed as a politically motivated killing of a known prorefugee state official. The main defendant, Stephan Ernst, was also accused of the 2016 homicide of an Iraqi asylum seeker, and prosecutors believed he committed both acts out of ethnonationalist and racist motivations. On August 5, Ernst confessed in court to having shot Luebcke but blamed codefendant Markus Hartmann for incitement. The Hesse state parliament launched a committee to investigate the failure of Hesse’s domestic security service to identify Stephan Ernst as a danger to society. Frankfurt prosecutors are investigating 72 persons for having threatened Luebcke on the internet following his 2015 prorefugee remarks. Trials against three of these defendants–for defamation and endorsement of murder, public incitement of criminal acts, and incitement of bodily harm–ended with small fines in August.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and the law prohibit such practices, but there were a few reports that government officials employed them. According to some human rights groups, authorities did not effectively investigate allegations of mistreatment by police and failed to establish an independent mechanism to investigate such allegations. The 2019 interim report of a continuing study by researchers at the University of Bochum estimated police used excessive force in 12,000 cases annually, of which authorities investigated approximately 2,000. Investigations were discontinued in 90 percent of the cases, and officers were formally charged in approximately 2 percent of the cases. Less than 1 percent of the cases resulted in conviction of the accused officer.

In July, two police officers in Thuringia were sentenced to two years and three months’ incarceration for the sexual abuse of a woman while the officers were on duty in September 2019. After checking a Polish couple’s identity papers and determining they were fake, the officers drove the woman to her apartment, where they sexually abused her. Due to a lack of evidence, the court reduced the charge from rape to sexual abuse while exploiting an official position, because the woman could not be located to testify at trial. Both the prosecution and defense appealed the sentence, with the prosecution hoping the woman could be found so that rape charges could be reintroduced and the defense arguing that without new evidence, no additional charges should be brought. The appeals process was still in progress as of July.

In July 2019 Cologne police shot an unarmed man, 19-year-old Alexander Dellis, when he fled arrest. Dellis filed a complaint against police regarding the proportionality of the response, and the public prosecutor was investigating.

Impunity was not a significant problem in the security forces.

Prison and Detention Center Conditions

There were no significant reports regarding prison or detention center conditions that raised human rights concerns.

Physical Conditions: There were no major concerns in prisons and detention centers regarding physical conditions or inmate abuse.

Administration: Authorities conducted proper investigations of credible allegations of mistreatment.

Independent Monitoring: The government permitted monitoring by independent nongovernmental observers.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Between 2017 and 2019, several state parliaments expanded police powers. The new state laws enable police to take preventive action against an “impending danger.” Critics argued that this provision expands police’s surveillance power, which had been reserved for the country’s intelligence services. As of September cases against new laws in Bavaria and Baden-Wuerttemberg were pending at the Federal Constitutional Court, as was a separate case at the Saxony Constitutional Court regarding that state’s law.

While several states required police to wear identity badges, the nongovernmental organization (NGO) Amnesty International Germany criticized the lack of a nationwide requirement to do so.

In February a 29-year-old man was acquitted a third time of charges of resisting police officers, causing bodily harm, and insulting an officer in Cologne. The Cologne District Court judge in the man’s April 2019 second trial dismissed the charges as unfounded and apologized to the defendant. Nonetheless, the public prosecutor filed a second appeal. The officers were themselves placed under investigation in 2019, and those investigations continued in November.

Arrest Procedures and Treatment of Detainees

Authorities must have a warrant issued by a judicial authority to arrest an individual. Police may also arrest individuals they apprehend in the act of committing a crime, or if they have strong reason to suspect the individual intends to commit a crime. The constitution requires authorities to bring a suspect before a judicial officer before the end of the day following the arrest. The judge must inform the suspect of the reasons for his or her detention and provide the suspect with an opportunity to object. The court must then either issue an arrest warrant stating the grounds for continued detention or order the individual’s release. Authorities generally respected these rights.

Although bail exists, judges usually released individuals awaiting trial without requiring bail. Bail is only required in cases where a court determines the suspect poses a flight risk. In such cases authorities may deny bail and hold detainees for the duration of the investigation and subsequent trial, subject to judicial review.

Detainees have the right to consult with an attorney of their choice; the government provides an attorney at public expense if detainees demonstrate financial need. The law entitles a detainee to request access to a lawyer at any time, including prior to any police questioning. Authorities must inform suspects of their right to consult an attorney before questioning begins.

Pretrial Detention: In June the NGO World Prison Brief reported 20.6 percent of prisoners were in pretrial detention. In 2019 the Ministry of Justice reported that the median stay in pretrial detention was between four and six months. The courts credit time spent in pretrial custody toward any eventual sentence. If a court acquits an incarcerated defendant, the government must compensate the defendant for financial losses as well as for “moral prejudice” due to his or her incarceration.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The constitution provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy a presumption of innocence and have the right to be informed promptly and in detail of the charges against them. The trial shall be fair, public, and held without undue delay. The law requires defendants be present at their trials. Defendants have the right to consult with an attorney of their choice, and the government provides an attorney at public expense if defendants demonstrate financial need, as stated above. Defendants and their attorneys have the right to adequate time and facilities to prepare a defense. The government provides an interpreter to any defendant who cannot understand or speak German and does so free of charge if the defendant demonstrates financial need or is acquitted. Defendants have access to all court-held evidence relevant to their cases. Defendants may question the prosecution’s witnesses and may introduce their own witnesses and evidence in support of their case. Defendants may not be compelled to testify or confess guilt. Defendants have the right to appeal.

The law does not allow courts to punish a person twice for the same crime. A court may, however, order an offender convicted of rape, homicide, or manslaughter to spend additional time in “subsequent preventive detention” after completing a sentence. The court can only order preventive detention if it determines that the offender suffers from a mental disorder or represents a continuing serious danger to the public. The law permits the imposition of such detention for an indefinite period, subject to periodic review.

Because the law does not regard such detention as punishment, authorities are legally required to keep those in preventive detention in separate buildings or in special prison sections with better conditions than those of the general prisons. Authorities must also provide detainees with a range of social and psychological therapy programs. According to the Federal Statistics Office, 551 offenders were held under preventive detention at the end of March 2019.

Ireland

Section 1. Respect for the Integrity of the Person, Including Freedom from:

a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

b. Disappearance

There were no reports of disappearances by or on behalf of government authorities.

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits such practices, and there were no reports government officials employed them.

Prison and Detention Center Conditions

The majority of prisons met international standards, but some failed to meet prisoners’ basic hygiene needs.

Physical Conditions: As of August 30, prisons overall held fewer inmates than the official capacity of the system, although five facilities exceeded capacity. One women’s prison operated at capacity.

At times authorities held detainees awaiting trial and detained immigrants in the same facilities as convicts.

The Prison Service reported the increased use of restricted regimes was to address the risk presented by COVID-19. The Prison Service said it was guided by the advice of national public health experts and took measures consistent with prison-specific guidance of the World Health Organization.

The Mental Health Commission, an independent government-funded body, and other human rights groups continued to criticize understaffing and poor working conditions at the Central Mental Health Hospital in Dundrum, the country’s only secure mental health facility.

Administration: The Office of the Inspector of Prisons, an independent statutory body, has oversight of the complaints system. Prisoners can submit complaints about their treatment to the prison service.

Independent Monitoring: The Office of the Inspector of Prisons published its Framework for the Inspection of Prisons in Ireland on September 15; however, no prison inspection report has been published since 2014. Nongovernmental organizations (NGOs), including the Irish Penal Reform Trust, reported that the office does not have adequate resources to fulfill its statutory responsibility.

The government permitted visits and monitoring by independent human rights observers and maintained an open invitation for visits from UN special rapporteurs.

d. Arbitrary Arrest or Detention

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

Arrest Procedures and Treatment of Detainees

An arrest typically requires a warrant issued by a judge, except in situations necessitating immediate action for the protection of the public. The law provides the right to a prompt judicial determination of the legality of a detention, and authorities respected this right. Authorities must inform detainees promptly of the charges against them and, with few exceptions, may not hold them longer than 24 hours without charge. For crimes involving firearms, explosives, or membership in an unlawful organization, a judge may extend detention for an additional 24 hours upon a police superintendent’s request. The law permits detention without charge for up to seven days in cases involving suspicion of drug trafficking, although police must obtain a judge’s approval to hold such a suspect longer than 48 hours. The law requires authorities to bring a detainee before a district court judge “as soon as possible” to determine bail status pending a hearing. A court may refuse bail to a person charged with a crime carrying a penalty of five years’ imprisonment or longer or when a judge deems continued detention necessary to prevent the commission of another offense.

The law permits detainees, upon arrest, to have access to attorneys. The court appoints an attorney at public expense if a detainee does not have one. The law allows detainees prompt access to family members.

e. Denial of Fair Public Trial

The constitution provides for an independent judiciary, and the government generally respected judicial independence and impartiality.

Trial Procedures

The law provides for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants enjoy the right to the presumption of innocence; to be informed promptly and in detail of the charges against them; to be granted a fair, timely, and public trial except in certain cases; and to be present at their trial. Defendants have the right to an attorney of their choice or one provided at public expense. Defendants have the right to adequate time and facilities to prepare a defense and free assistance of an interpreter. They can confront witnesses and present their own testimony and evidence. They have the right not to be compelled to testify or confess guilt. There is a right to appeal.

During the year a new law provided for the filing of applications in criminal proceedings and the introduction of evidence using live video link, as well as remote hearing of some proceedings in the Court of Appeal and Supreme Court. Proceedings requiring the presence of a jury were delayed until 2021 due to COVID-19.

The law provides for two nonjury Special Criminal Courts when the director of public prosecutions certifies a case, such as terrorist, paramilitary group, or criminal-gang offenses, to be beyond the capabilities of an ordinary court. A panel of three judges, usually including one High Court judge, one circuit judge, and one district judge, hears such cases. They reach their verdicts by majority vote. The Irish Council for Civil Liberties, Amnesty International, and the UN Human Rights Council expressed concern that the Special Criminal Court standard for admissibility of evidence was too low, and that there was no appeal against a prosecuting authority’s decision to send a case to the special court. In 2019 there were eight trials in the Special Criminal Court. Most of the cases involved membership in an illegal organization or possession of firearms or explosives.

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The Lessons of 1989: Freedom and Our Future