The European Court of Human Rights (ECHR) has rejected a final bid by the Irish government to have the maltreatment of 14 men during the Troubles reclassified as torture. The court refused to refer the case of the so-called ‘hooded men’ to its Grand Chamber, marking the end of the appeals process.
The 14 men, mainly republican suspects, were arrested in dawn raids across Northern Ireland in August 1971. They were subjected to hooding, white noise, stress positions, sleep deprivation, and food and water deprivation, combined with physical assaults and death threats. In 1978, the ECHR ruled this treatment was inhuman and degrading but stopped short of calling it torture.
Dublin, backed by human rights groups, had sought a revision in 2014 after new documents emerged. However, in March the court rejected the request, and Tuesday’s refusal to refer to the Grand Chamber makes the 1978 judgment final.
Solicitor Darragh Mackin, representing some detainees, said the court was ‘hiding behind nuanced procedure to shield itself from the thorny issue’. He added that the original ruling had been used by states to justify torture techniques. Former detainee Francis McGuigan said the campaign continues, with a Belfast court of appeal expected to rule on whether the chief constable must identify and prosecute those responsible.
