Assessing Damage, Urging Action undermined basic principles of democracy and the rule of law. Often, powers introduced to deal with an emergency, or temporary crisis, have become permanent. The case of Northern Ireland is relevant and may provide a particularly salutary example, with parallels to current challenges, since many of the crucial aspects of a democratic society were maintained throughout the “Troubles”.60 Despite serious levels of political violence, basic legal guarantees, a free media, a strong civil society, and political pluralism were all maintained. International oversight mechanisms, including the United Nations, and most importantly the European Court of Human Rights provided external safeguards. However, the Panel was told that, despite these safeguards, there were significant violations of human rights. Special legislation was introduced in 1922, and remained a constant feature; Northern Ireland has never since that time experienced a decade without “special” or “emergency” powers.61 The prolonged nature of the emergency and special powers inevitably influenced the institutional culture of the police, military and the legal system. In the early years of the conflict, the military response was privileged, and the “five techniques” 62 used by the army on internees led to the UK being found responsible by the European Court of Human Rights for violating the absolute prohibition of cruel, inhuman or degrading treatment.63 The Panel heard testimony about specific human rights violations, but also about the negative impact of prolonged emergency law on public confidence in State institutions and the administration of justice. There was, with the benefit of hindsight, extensive agreement amongst witnesses appearing before the Panel, including Northern Ireland’s most senior police officers, that many emergency powers were 60 The “Troubles” in Northern Ireland, in its most recent phase, lasted for more than thirty years, with the loss of more than 3,600 lives (approximately 60% killed by Republicans, 30% by Loyalists, and 10% by Official Government Agents; of these, nearly 55% of the deaths were of civilians). Peace negotiations led to the Good Friday Agreement in 1998 (www.cain.ulst.ac.uk). 61 The Government of Ireland Act 1920 brought into being the Northern Ireland parliament; in 1922, the parliament introduced the Civil Authorities (Special Powers) Act (NI); this legislation lasted until it was replaced five decades later by the Northern Ireland (Emergency Provisions) Act, enacted in 1973, amended in 1975, and re-enacted in 1978, 1987, 1991 and 1998. The EPA applied only in Northern Ireland and, after an IRA bombing campaign in Britain, was complemented by UK-wide Prevention of Terrorism Acts (enacted in 1974, and renewed in 1976, 1989), amended by the Criminal Justice and Public Order Act 1994 (re-enacted in 1996, and amended and maintained in 1998). The Omagh bombing in 1998 led to the passage of the Criminal Justice (Terrorism and Conspiracy) Act. In 2000, the Terrorism Act was introduced on a UK-wide level, albeit with specific arrangements for Northern Ireland (updated in 2006). Years after a peace agreement had been negotiated, the emergency legislation was consolidated into one permanent Act to address domestic and international terrorism, see CAJ final submission, EJP Northern Ireland Hearing. 62 The “five techniques” included wall-standing, hooding, noise, sleep deprivation, and food and drink deprivation. Given the publicity surrounding the recent use of similar “enhanced interrogation” techniques (used by the US amongst others against so-called ‘high-level detainees’ and also in Abu Ghraib), it may be worth noting the fact that the British Attorney General, in proceedings before the European Court of Human Rights in 1977, stated that “the government of the UK have considered the question of the use of the ‘five techniques’ with very great care and with particular regard to Article 3 of the (European) Convention. They now give this unqualified undertaking that the ‘five techniques’ will not in any circumstances be reintroduced as an aid to interrogation” (cited in CAJ, final submission, EJP Northern Ireland Hearing). 63 ECtHR, Plenary Judgment of 18 January 1978, Ireland v. the United Kingdom, Application No. 5310/71. 41