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
Most prisons met international standards, but some failed to meet prisoners’ basic hygiene needs.
The Council of Europe’s Committee for the Prevention of Torture (CPT) published a report in November 2020 based on a 2019 monitoring visit to the country. While most detainees told the CPT that they had not faced abuse, there were several allegations of physical and verbal mistreatment by prisoners in pretrial detention centers. The allegations of ill-treatment mostly involved slaps, kicks, and punches to various parts of the body.
Physical Conditions: As of September 9, prisons overall held fewer inmates than the official capacity of the system, although five facilities exceeded capacity. One women’s prison operated at capacity. The CPT report noted that in some prisons overcrowding was a problem, as evidenced by inmates needing to sleep on mattresses placed on the floor. At times authorities held detainees awaiting trial and detained immigrants in the same facilities as convicts.
In August the Prison Service reported that 42 prisoners (of a total prison population of 3,764) in two prisons were subject to “slopping out,” a process in which prisoners must use chamber pots due to a lack of sanitary facilities. The CPT noted a continuing decrease in the numbers of prisoners subject to “slopping out” since 2014 and emphasized that the practice was “degrading not only for the persons using the chamber pot but also for the persons with whom the prisoner shares a cell and also debasing for the prison officers who have to supervise the slopping-out procedure.” A substantial number of prisoners were required to use the toilet in the presence of another prisoner. The Irish Penal Reform Trust criticized the practice as “inhumane and degrading,” saying it raised health concerns during a pandemic.
The Prison Service reported the use of restricted regimes, where a prisoner is confined to their cell for a minimum of 19 hours, was to address the risk presented by COVID-19. The Prison Service stated 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 regarding their treatment to the prison service, but they do not have access to a fully independent complaints mechanism. The Office of the Inspector of Prisons described the prison complaints system as inadequate, unreliable, and “not fit for purpose.” The 2020 CPT report noted that “complaints relating to staff abuse are not always investigated in a timely fashion, with investigators often only initiating the investigation three or more months after a complaint is made. Further, prisoners receive no feedback on their complaints and several prisoners alleged that they were subjected to bullying by prison officers after they had submitted a complaint. Many prisoners consider, with some justification, that it is not worth making a complaint. As a result, a situation of impunity may emerge within prisons of prison officers not being held to account for their actions.”
Independent Monitoring: The Office of the Inspector of Prisons published its Framework for the Inspection of Prisons in Ireland in September 2020; 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 cooperated with international monitoring bodies, such as the CPT.
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.
In 2020 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.
The Criminal Procedures Act 2021 introduced preliminary trial hearings for the first time in the country’s law. The legislation reforms procedures surrounding white-collar crime and corruption, and the legislation increases protections for vulnerable witnesses in sexual offense cases.
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 2020 there were four trials in the Special Criminal Court. Most of the cases involved membership in an illegal organization or possession of firearms or explosives.
Political Prisoners and Detainees
There were no reports of political prisoners or detainees.
Civil Judicial Procedures and Remedies
An independent and impartial judicial system hears civil cases and appeals on civil matters, including damage claims resulting from human rights violations.
Complainants may bring such claims before all appropriate courts, including the Supreme Court. Individuals may lodge a complaint or application with the European Court of Human Rights for alleged violations of the European Convention on Human Rights by the state after they have exhausted all available legal remedies in the national legal system.
Property Seizure and Restitution
The country signed the 2009 Terezin Declaration on Holocaust Era Assets and Related Issues. No immovable property was confiscated from Jews or other targeted groups in the country during World War II, either by the government or Nazi Germany. According to the country’s delegation to the International Holocaust Remembrance Alliance, the country experienced only two cases in which allegations concerning provenance of artworks were made, and therefore it did not enact formal implementation mechanisms for restitution of potentially Nazi-looted art in this regard. The government’s policy is to monitor these issues as they evolve and to proceed on a case-by-case basis.
The Department of State’s Justice for Uncompensated Survivors Today (JUST) Act report to Congress can be found on the Department’s website: https://www.state.gov/reports/just-act-report-to-congress/.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution prohibits such actions, and there were no reports that the government failed to respect these prohibitions.