THE EUROPEAN Court of Human Rights is deliberating on a claim by Maze prison escapee Brendan McFarlane that the State violated his rights by delaying for 14 years the initiation of a prosecution against him.
The prosecution against Mr McFarlane related to the kidnapping of businessman Don Tidey in 1983. He was acquitted when the trial took place in June 2008.
While the 17-judge Grand Chamber of the human rights court heard the case in Strasbourg yesterday, it may be months before it rules on the admissibility and merits of the action. The State is contesting the case.
Mr McFarlane was released on parole in 1998 after serving a prison sentence in Northern Ireland for his involvement in a bombing in the 1970s for which the IRA was found responsible.
He was arrested and detained by the gardaí a few days after his release and charged with false imprisonment and the unlawful possession of firearms.
He was alleged to have committed such offences in 1983 when he had escaped from prison and was later released on bail.
In his application to the Strasbourg court, Mr McFarlane complained the Irish authorities violated his right to a fair trial within a reasonable time under the European Convention on Human Rights.
He also said his right to a fair trial was violated due to the delay and the loss of key real evidence. He further complained that his arrest amounted to a disproportionate interference with his private and family life.