CAT/C/IRL/CO/1
Follow-up to the Ryan Report
20.
The Committee notes the efforts made by the State party concerning the plan it had
adopted in 2009 in order to implement the recommendations of the report of the Commission
to Inquire into Child Abuse, known as the Ryan Report. However, the Committee is
concerned that, according to a statement made by the Ombudsman for Children in March
2011, significant commitments under the plan have yet to be implemented. The Committee is
also gravely concerned that despite the findings of the Ryan Report that “physical and
emotional abuse and neglect were features of the institutions” and that “sexual abuse
occurred in many of them, particularly boys’ institutions”, there has been no follow-up by the
State party. The Committee is also concerned that, despite the extensive evidence gathered
by the Commission, the State party has forwarded only 11 cases to prosecution, out of which
8 were rejected (arts. 12, 13, 14 and 16).
The Committee recommends that the State party:
(a)
Indicate how it proposes to implement all the recommendations of the
Commission to Inquire into Child Abuse and indicate the time frame for doing so;
(b)
Institute prompt, independent and thorough investigations into all cases of
abuse as found by the report and, if appropriate, prosecute and punish perpetrators;
(c)
Ensure that all victims of abuse obtain redress and have an enforceable
right to compensation, including the means for as full rehabilitation as possible.
Magdalene Laundries
21.
The Committee is gravely concerned at the failure by the State party to protect girls
and women who were involuntarily confined between 1922 and 1996 in the Magdalene
Laundries, by failing to regulate and inspect their operations, where it is alleged that
physical, emotional abuses and other ill-treatment were committed, amounting to breaches of
the Convention. The Committee also expresses grave concern at the failure by the State party
to institute prompt, independent and thorough investigations into the allegations of illtreatment perpetrated on girls and women in the Magdalene Laundries (arts. 2, 12, 13, 14 and
16).
The Committee recommends that the State party institute prompt, independent and
thorough investigations into all complaints of torture and other cruel, inhuman or
degrading treatment or punishment that were allegedly committed in the Magdalene
Laundries and, in appropriate cases, prosecute and punish the perpetrators with
penalties commensurate with the gravity of the offences committed, and ensure that all
victims obtain redress and have an enforceable right to compensation, including the
means for as full rehabilitation as possible.
Children in detention
22.
The Committee takes note of the policy of the State party to detain children in
Children Detention Schools under the supervision of the Irish Youth Justice Service.
However, the Committee is gravely concerned that 16- and 17-year-old males are still
detained in St Patrick’s Institution, which is a medium-security prison that is custodial rather
than a care facility designed for children. The Committee is also concerned that despite its
commitment to end the detention of young children in St Patrick’s Institution, the State party
has not yet finalized its decision to proceed with the construction of the new national children
detention facilities (arts. 2, 11 and 16).
The Committee recommends that the State party proceed, without any delay, with the
construction of the new national children detention facilities at Oberstown. In the
meantime, the Committee recommends that the State party take appropriate measures
to end the detention of children in St Patrick’s Institution and move them into
appropriate facilities.
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