According to the United Nations and the European Union there is an ongoing obligation on the Irish Government to conduct an independent inquiry into the Sallins Case, irrespective of the passage of time or of ‘compensation’ paid.
The torture endured in the Sallins Case was both physical and mental and directly affected the personality physically and mentally.
It included: incommunicado detention, no or delayed legal access; deprivation of sleep, water and reduced diet; prolonged beatings including by instruments, prolonged pain; induced physical and mental exhaustion, severe anxiety, disorientation; loss of consciousness; threats to life, to set up assassinations, to arrest family members, to break up families and to place children in care.
Adopted in 1948, this is generally agreed to be the foundation of international human rights law. According to the United Nations and the European Union there is an ongoing obligation on the Irish Government to conduct an independent inquiry into the Sallins Case, irrespective of the passage of time or of ‘compensation’ paid.
‘any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. It does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions.’ United Nations Convention against Torture (UNCAT)
Article 6 states:
Art 2: Entitlement to rights without distinction on the basis of political Opinion.
Art 3: Right to life, liberty and security.
Art 5: Freedom from torture inhuman or degrading treatment or punishment.
Art 7: Discrimination before the law
Art 8. Effective remedy
Art 9: No arbitrary arrest/detention
Art 10: Fair and public hearing by an independent and impartial tribunal.
Art 11: Presumption of innocence
Art 12: No interference with privacy, family, home or correspondence, nor to attacks upon
honour and reputation.
Art 13: Freedom of movement
Art 16: Protection of the family
Art 18: The right to freedom of thought, conscience
Art 19: Freedom of opinion and expression
Art 20: Freedom of peaceful assembly and association.
Art 21: Freedom to take part in government.
Art 22: Free development of personality
Art 23: Right to work
Art 28: No denial of social order
Art 29: Full development of personality
The European Court of Human Rights is the court of law of the Council of Europe. It is based in Strasbourg, France. Set up in 1959, the Court ensures that Member States of the Council of Europe respect the rights and guarantees set out in the European Convention on Human Rights. Ireland is a member.
ARTICLE 1 Right to life (by driving someone towards suicide.)
ARTICLE 3 Prohibition of torture.
ARTICLE 5 Right to liberty and security.
ARTICLE 6 Right to a fair trial.
ARTICLE 8 Right to respect for private and family life.
ARTICLE 9 Freedom of thought, conscience and religion.
ARTICLE 10 Freedom of expression.
ARTICLE 11 Freedom of assembly and association.
ARTICLE 13 Right to an effective remedy.
ARTICLE 14 Prohibition of discrimination.
