CAT/C/IRL/CO/2
(b)
Try persons suspected of acts of violence or ill-treatment and, if they are
found guilty, sentence them to punishment commensurate with the gravity of their
acts;
(c)
Provide information on the number of complaints filed with the
Commission which may relate to torture or ill-treatment and on the final outcome of
such complaints processed by the Commission;
(d)
Ensure that victims have access to effective remedies and reparation;
(e)
Sensitize the public about the existence and functioning of the
Commission.
Complaints in the prison system
21.
While taking note of the Irish Prison Service Complaints Policy introduced in 2014,
which initiated a new complaints model with four separate categories of complaint (from A
to D), and the information on complaints in 2016 provided by the State party, the
Committee is concerned that there are deficiencies in the system such as a lack of or
incomplete documentation of complaints, delays in investigations by external investigators,
gaps in referrals to police in appropriate cases and confusion about the categorization of
complaints as well as delays in their resolution, and that there is reportedly no confidence in
the complaints system and that prisoners fear that they would not be protected if they were
to make a complaint and were therefore discouraged from doing so (arts. 2, 11, 12, 13, 14
and 16).
22.
The State party should:
(a)
Consider establishing a completely independent mechanism for the
consideration of prisoner complaints as well as a new individual complaints procedure,
in the light of the shortcomings cited above;
(b)
system;
(c)
Provide for an independent appeal procedure outside of the prison
Introduce greater involvement and oversight by an independent body;
(d)
Inform the Committee about sanctions or punishments for torture or illtreatment applied against any of those responsible, based on the complaints that were
upheld.
Investigations, accountability and redress in the context of reformatory and industrial
schools: the Ryan report
23.
Recalling the Committee’s previous recommendations concerning the report of the
Commission to Inquire into Child Abuse, known as the Ryan report, and allegations of
torture and ill-treatment at reformatory and industrial schools, and noting the provision of
redress to more than 15,000 victims by the Residential Institutions Redress Board, the
Committee remains seriously concerned that the State party did not provide further
information in support of the statement that its authorities have carried out “a sizeable
number of investigations” into allegations of abuse at institutions that have resulted in
prosecutions and convictions of perpetrators, or information requested by the Committee on
the steps the State party has taken to encourage victims of criminal acts to come forward.
The Committee is also concerned that the Government has affirmed that it did not intend to
continue to provide any funding that may be required for assistance to victims beyond 2019,
at which point the redress scheme and Caranua, the State body responsible for providing
assistance, will be dissolved (arts. 2, 4, 12, 12, 14 and 16).
24.
The State party should:
(a)
Encourage victims of abuse suffered in residential institutions to
cooperate with the Garda and ensure that all participants in the redress scheme are
aware that they are not “gagged” from doing so;
(b)
Collect data on all criminal investigations undertaken by the Garda into
allegations of abuse at the institutions dealt with in the Ryan report, as well as on
8