End special court, says rights group

The Irish Council for Civil Liberties has marked the 30th anniversary of the establishment of the Special Criminal Court by calling…

The Irish Council for Civil Liberties has marked the 30th anniversary of the establishment of the Special Criminal Court by calling for its abolition.

The council yesterday added its voice to the minority members of the Hederman committee, set up to review the State's emergency legislation, who recommended the disbandment of the non-jury court. However, a majority of the committee recommended retaining the court.

"The court has outlived its usefulness, if it ever had a legitimate purpose. It should be abolished immediately," said Mr Michael Finucane of the ICCL yesterday.

The court was set up in 1972, at the height of the Northern Troubles. Cases are heard by three judges, without a jury.

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Originally, the court was established to deal with "subversive" crime, but recently it has increasingly been used for non-subversive cases.

According to the ICCL, no other EU member-state operates such a special court sitting without a jury.

It described the use of the court for non-subversive cases as "particularly worrying".

Mr Finucane said the court did not enjoy the confidence of the public or of the people coming before it.

The council's campaign against the court is supported by the United Nations High Commissioner for Human Rights, Mrs Mary Robinson, who first called for its abolition in 1976.

The ICCL said it was "not insignificant" that nine of the 14 members of the Hederman committee were civil servants, and all recommended its retention.

Two of the three constitutional lawyers and the chairman, Mr Justice Anthony Hederman, recommended its abolition.

"In this context, the minority has particular significance and weight.

"We would strongly recommend that the next minister for justice would follow the recommendations of the minority," the ICCL said.

Paul Cullen

Paul Cullen

Paul Cullen is a former heath editor of The Irish Times.