CAT/C/IRL/CO/1
The Committee recommends that the State party take measures to ensure that all
persons detained for immigration-related reasons are held in facilities that are
appropriate to their status.
Complaint and investigation mechanisms
18.
The Committee notes the information provided by the State party with regard to the
investigation of complaints by prisoners against prison staff relating to incidents which
allegedly occurred in the following prisons: Portlaoise, on 30 June 2009; Mountjoy, on 15
June 2009 and 12 January 2010; Cork, on 16 December 2009; and Midlands, on 7 June 2009.
The Committee notes with concern that in all these cases there have been no independent and
effective investigations into the allegations of ill-treatment by prison staff. The Inspector of
Prisons, in his report of 10 September 2010 entitled “Guidance on best practice for dealing
with prisoners’ complaints”, concluded that there is no independent complaints and
investigation body to investigate prisoners’ complaints and that present procedures followed
do not accord with best practice, and recommended the establishment of an independent
mechanism to receive and investigate complaints against prison staff (arts. 2, 12, 13 and 16).
The Committee recommends that the State party:
(a)
Establish an independent and effective complaint and investigation
mechanism to facilitate the submission of complaints by victims of torture and illtreatment by prison staff and ensure that in practice complainants are protected
against any intimidation or reprisals as a consequence of the complaints;
(b)
Institute prompt, impartial and thorough investigations into all allegations
of torture or ill-treatment by prison staff;
(c)
Ensure that all officials who are allegedly involved in any violation of the
Convention are suspended from their duties during the conduct of the investigations;
(d)
Provide the Committee with information on the number of complaints
made concerning allegations of torture and ill-treatment by prison staff, the number of
investigations carried out and the number of prosecutions and convictions, as well as on
the redress awarded to victims.
19.
The Committee welcomes the establishment of the Garda Síochána Ombudsman
Commission (GSOC) in 2005, the members of which cannot be serving members or former
members of the Garda Síochána (Police Force). GSOC is empowered to investigate
complaints of torture and ill-treatment against members of the Garda Síochána. However, the
Committee regrets that GSOC can also refer complaints to the Garda (Police) Commissioner,
who can proceed with the investigations independently or under the supervision of GSOC,
except complaints concerning the death of or serious harm to a person in police custody. The
Committee is also concerned at the information that GSOC has submitted proposals for the
amendment of the Garda Síochána Act of 2005 in a number of areas, including the power to
allow GSOC to refer investigations back to the Garda Síochána, thereby allowing the police
to investigate itself (arts. 2, 12, 13 and 16).
The Committee recommends that the State party ensure by law that all allegations of
torture and ill-treatment by the police are directly investigated by the Garda Síochána
Ombudsman Commission and that sufficient funds are allocated to the Commission so
as to enable it to carry out its duties promptly and impartially and to deal with the
backlog of complaints and investigations which has accumulated. The Committee also
requests the State party to provide it with statistical data on (a) the number of
complaints of torture and ill-treatment filed against prison officers, the number of
investigations instituted, and the number of prosecutions and convictions imposed; and
(b) the number of cases that have been referred to the Garda Síochána.
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