Concerns about ill-treatment of people in Garda custody, the use of padded cells in prisons and the lack of the right to a lawyer while being questioned have been raised by the European Committee for the Prevention of Torture in its latest report.
The committee, which operates under the ambit of the Council of Europe, visited Ireland in May 2002 and examined a number of Garda stations and places of detention. This is the third time it has raised these issues with the Government.
The allegations of ill-treatment included blows with batons and kicks and punches to various parts of the body, according to the report. In a few cases the delegation was told that the ill-treatment was administered in such a way as to avoid leaving visible marks.
"The number and consistency of the allegations of ill-treatment heard by the delegation lend them credibility," the report stated. "Moreover, in some cases the delegation's doctors gathered medical evidence consistent with the allegations received."
It said that several of those interviewed stated that they had attempted to draw the alleged abuse to the attention of the judges to whom they were brought, but without any success.
The report also referred to the allegations of excessive force by gardaí during the Reclaim the Streets demonstration in May 2002.
Referring to its previous concerns about police ill-treatment of people in custody, the report stated that the information gathered in 2002 "highlights the need for the Irish authorities to intensify their efforts to prevent ill-treatment by the police."
The CPT welcomed the fact that, since 2001, the right to legal aid is available from the outset of custody, but added: "the right to access to a lawyer should include the right to have the lawyer present during police interrogations." It did not accept that the video-recording of interviews, which it welcomed, was an acceptable alternative.
Referring to prisons, it said: "The use of padded cells for the management of persons in need of psychiatric care and, more particularly, of in-patient hospital treatment, is a source of great concern." This could happen for periods of days or even weeks, the delegation found, and "could be characterised as inhuman and degrading" treatment.
It also expressed concern about allegations of mistreatment of prisoners by prison officers, and by reports of inter-prisoner violence and bullying.
The report repeated previous criticisms of the physical conditions in Mountjoy and Cork prisons. However, it was very positive about the Dochas female prison, and about Trinity House centre for boys.
In its repose, the Government drew attention to the training provided to the Garda Síochána in human rights and the rights of suspects, and the legal prohibition on the mistreatment of people in custody. It also said that legislation for a new Garda Inspectorate was well advanced. Referring to the role of judges in responding to allegations of ill-treatment, it said that under the Constitution the Irish judiciary was independent and could not be directed as to how to respond.
Referring to the right to have a lawyer present during interrogation, the Government said: "the Irish courts have not so far held that there is a right to have a lawyer present during questioning." It added that it was keeping the matter under review.
It said that the Irish Prison Service shared the committee's concern that no more force than was necessary should be used in restraining prisoners. The service was also examining the need for more training for its staff in interpersonal communication skills, it said. It also pointed to the recent appointment of an Inspector of Prisons.
The Irish Council for Civil Liberties said that one of the most striking things about the report was that its recommendations were not new, but repeated those made in 1995 and 1998.