C O M P A R AT I V E S T U D Y
In Ireland, the UK government was dealing with acts of terrorism
perpetrated by members of the Irish Republican Army (“IRA”) and Loyalist
groups in Northern Ireland.582 The government introduced special
powers of arrest and detention without trial. These powers were widely
used against members of the IRA and against persons suspected of being
involved with the IRA.583
The Irish government submitted an application to the Commission alleging
that various interrogation practices used by the UK authorities amounted
to torture and ill-treatment that violated Article 3 of the ECHR.584
The UK government did not contest the allegations regarding the breaches of
Article 3 of the ECHR. However, it maintained that the use of interrogation
practices belonged to the past; the techniques had been abandoned and
would not be reintroduced in the future.585 The UK government argued that
it had implemented various measures to prevent torture and ill-treatment
and to provide reparation for their consequences.586
In assessing the evidence submitted by the applicant, the Commission
referred to the Greek case and adopted the reasonable doubt standard.587
The Irish government contested the application of the reasonable doubt
standard at the ECtHR. It argued that this standard was excessively rigid.
The Irish government submitted that if the reasonable doubt standard
were to be applied, the system of enforcement would prove ineffective.
The government further argued that in cases of prima facie evidence,
States that fail to assist the Court in finding the truth would not bear a
risk of finding a violation of Article 3.588
The UK government requested the ECtHR to follow the standard adopted in
the Greek case.589 The ECtHR reaffirmed the approach of the Commission
concerning “proof beyond reasonable doubt” relying on the Greek case.590
The ECtHR stated that:
[T]o assess [the] evidence, the Court adopts the standard of proof
‘beyond reasonable doubt’ but adds that such proof may follow
from the coexistence of sufficiently strong, clear and concordant
inferences or of similar unrebutted presumptions of fact.591
582
Ireland, paras. 4, 11-12, 16. The conflict between these two groups was representative of the
antagonism between Catholics and Protestants in Northern Ireland. The IRA, predominantly
Catholic, was seeking independence from the UK and the Loyalists, predominantly Protestants,
opposed the idea of independence. Ireland, para. 15.
583
Ireland, paras. 38-39.
584
These interrogation practices, the so-called “five techniques,” included wall-standing, hooding,
deprivation of sleep and food, and other practices. These practices were considered to amount to
torture and inhuman or degrading treatment according to the Irish government. See Ireland, paras.
2, 96-104, 106-07, 161, 167, 169.
585
Ireland, paras. 153-54.
586
Ireland, paras.152-53.
587
Ireland, para. 161.
588
Ireland, para. 161.
589
Ireland, para. 160.
590
Ireland, para. 160.
591
Ireland, para. 161.
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