The State watchdog for human rights has told the Government that its power to determine the length of life sentences for prisoners such as Malcolm MacArthur is in breach of international human rights law.
The Irish Human Rights Commission (IHRC), in a report to be published today, has told Minister for Justice Michael McDowell that this power should be decided by an independent "court-like" body.
The commission's research was prompted by a request from convicted murderer MacArthur who has claimed that his continued detention in in breach of his rights under the European Convention on Human Rights, The Irish Times has learned.
MacArthur was jailed for life in 1982 for the murder of nurse Bridie Gargan in the Phoenix Park. He has served almost 25 years and is one the longest-serving prisoners in the State. His arrest in the home of the then attorney general embroiled the administration of Charles Haughey in a major political controversy.
The Government is facing a number of legal challenges from life-sentence prisoners who claim their continued detention is in breach of their human rights.
At present, the Minister for Justice has the power to determine when a life-sentence prisoner is released. While the Parole Board may offer advice on the release of prisoners, the Minister is not bound by such advice.
The commission's report, Determination of Life Sentences by Prof J Paul McCutcheon and Dr Gerard Coffey, recommends a number of changes to bring the Irish regime into line with the European Convention. They include placing the Parole Board on a statutory footing and assigning it the function of determining applications for release, rather than merely advising the Minister.
In a letter to the Minister for Justice, Dr Maurice Manning of the commission said the IHRC endorsed the report's findings.
A spokesperson for the Minister said the report had been received and examined.
The main recommendation of the report was the subject of legal proceedings and the State was "vigorously contesting" that view. The State, meanwhile, is continuing to defend a High Court challenge brought by MacArthur against his continuing imprisonment.
In 2004, he initiated legal proceedings to have the courts direct the Government to order his release in line with the Parole Board's recommendation.
MacArthur was moved to Shelton Abbey in 2004. However, the Government has not acted in relation to his release, although he was allowed out of prison for a short period last Christmas.
