Torture and Human Rights in Northern Ireland by Aoife Duffy

Author:Aoife Duffy [Duffy, Aoife]
Language: eng
Format: epub
Tags: History, Europe, Great Britain, General, Ireland, Law, Civil Rights, Constitutional, Legal History, Public, Government, Political Science, History & Theory, American Government, National
ISBN: 9780429670749
Google: eHGPDwAAQBAJ
Publisher: Routledge
Published: 2019-03-28T01:35:03+00:00

1 Manfred Nowak, ‘What Practices Constitute Torture? US and UN Standards,’ 28 Human Rights Quarterly (2006), 809–841, 833.

2 The European Court judgment provided a detailed description of the techniques: ‘(a) wall-standing: forcing the detainees to remain for periods of some hours in a “stress position”, described by those who underwent it as being “spread eagled against the wall, with their fingers put high above the head against the wall, the legs spread apart and the feet back, causing them to stand on their toes with the weight of the body mainly on the fingers”; (b) hooding: putting a black or navy coloured bag over the detainees’ heads and, at least initially, keeping it there all the time except during interrogation; (c) subjection to noise: pending their interrogations, holding the detainees in a room where there was a continuous loud and hissing noise; (d) deprivation of sleep: pending their interrogations, depriving the detainees of sleep; (e) deprivation of food and drink: subjecting the detainees to a reduced diet during their stay at the centre and pending interrogations,’ Ireland v. United Kingdom, 2 E.Ct.H.R. 25, Application no. 5310/71, judgment, 96 (18 January 1978).

3 Samantha Newbury, Bob Brecher, Philippe Sands, and Brian Stewart, ‘Interrogation, Intelligence and the Issue of Human Rights,’ 24(5) Intelligence and National Security (2009), 631, 633.

4  Huw Bennett, ‘Detention and Interrogation in Northern Ireland, 1969–75,’ in Sibylle Scheipers (ed.) Prisoners in War (Oxford University Press, 2010), 195.

5  See also TNA DEFE 13/917: ‘Secret – UK Eyes Only,’ memo from Army’s Director General of Intelligence, Harold J. Maguire to Minister of State, 20 October 1971.

6  Joint Directive on Military Interrogation in Internal Security Operations Overseas, JIC(65)15 (amended) 17 February 1965 (as amended 10 February 1967), Introduction.

7  Ibid., 2.

8  TNA DEFE 24/968: Colonel Nicholson attended a meeting at the Home Office on 21 October 1971, the day prior to giving evidence to the Compton Committee at which Sir Philip Allen, Sir Burke Trend, Mr Cairncross, Mr Hockday and Brigadier Bremner are present, see TNA DEFE 13/922: J.M.H. Lewis to VCGS, August 1971. See also Ian Cobain, Cruel Britannia: A Secret History of Torture (Portobello Books, 2013), 128.

9  TNA CJ 4/3757: Notes of a meeting on Tuesday, 28 September 1971 at the Conway Hotel, present were Sir Edward Compton, Justice Edgar Fay and Dr Ronald Gibson Lt/Col. Southwood, Mr J.L. Heritage, Mr R.M. Morris.

10 Ibid., and TNA DEFE 13/922: J.M.H. Lewis to VCGS, August 1971.

11 Report of the Committee of Privy Counsellors Appointed to Consider Authorised Procedures for the Interrogation of Persons Suspected of Terrorism [hereinafter The Parker Report], February 1972, § 11.

12 TNA DEFE 13/917: Interrogation: The Follow up to the Report of the Compton Committee. Also present at Ballykelly were ‘twenty Special Branch interrogators, twelve JSIW advisers, and twenty-six RUC guards,’ see Huw Bennett, ‘Detention and Interrogation in Northern Ireland, 1969–75,’ in Sibylle Scheipers (ed.) Prisoners in War (Oxford University Press, 2010), 192.

13 The Parker Report, at 12.

14 TNA RV 1/1: The Parker Committee Papers, CIP (71) 1–34, Minutes of Meetings.

15 TNA WO 32/21724: Supplementary Parliamentary Questions and Answers.

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