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Kevin Hannaway and Francis McGuigan claim they were subjected to torture by British authorities in Northern Ireland in the 1970s. Leah Farrell/Photocall Ireland

Treatment of 'hooded men' wasn't torture, human rights court rules

The case involves the alleged torture and ill-treatment of 14 men who were interned in the North in 1971.

Updated at 9.45am

THE EUROPEAN COURT of Human Rights has rejected a request by Ireland revise its judgement in the case of the ‘hooded men’ – a case involving the alleged torture and ill-treatment of 14 men who were interned in the North in 1971.

This morning’s judgement represents a decision in the case of Ireland v UK on whether or not the treatment of 14 men amounted to torture.

The revision request was dismissed by six votes to one by a Chamber.

In 2014, Amnesty demanded an independent inquiry in the case of the men. The charity has backed the men’s campaign for decades and first reported on their torture during a 1971 mission to the North to investigate internment.

The men are being provided with legal representation by The Pat Finucane Centre, solicitor Kevin Winters and Amnesty International Ireland.

Amnesty said that the original decision by the ECHR was used by the United States to justify the abuse of prisoners as part of the ‘war on terror’. The five techniques included:

  • Hooding
  • Wall-standing in stress positions for hours
  • White noise
  • Sleep deprivation
  • Food and water deprivation.

An original case at the European Court of Human Rights ruled the techniques they were subjected to during internment constituted inhuman and degrading treatment.

The Irish government, in 2014, submitted its revision request on the grounds that new evidence had emerged in a television documentary, which showed, in particular, that the effects of the ill-treatment had been long-term and severe.

The government had subsequently obtained archive documents and submitted that a psychiatrist, Dr L, who had been heard as an expert for the UK government in the original proceedings, had misled the Commission by saying that the effects of the ill-treatment were short-lived.

The Irish government also referred to other documents released from archives which showed that the British government had tried to prevent the court from accessing the full truth about the five techniques.

If the court had been aware of such information, it would have made a finding of torture as well, the Irish government stated. The UK government objected to the revision request.

Today’s rejection

Today, the court found that the documents did not demonstrate facts which were unknown at the time.

The court and the Commission had both highlighted a lack of assistance from the UK, which had also conceded that authorisation for the techniques had been given “at high level”.

The court held that even if it could be shown that Dr L had provided misleading evidence about long-term psychiatric effects on the men, it could not be said that such knowledge might have had a decisive influence to a finding of torture.

In a statement today, Amnesty said today’s ruling was “very disappointing”, but said that it was important to note the nuances in the court’s statement.

… In the Court’s words today, ‘where doubts remain as to whether or not a new fact actually did have a decisive influence on the original judgment, legal certainty must prevail and the final judgment must stand’.
This is a disappointing outcome on a technical legal point, but is not a finding that the ‘five techniques’ fall short of torture by today’s standards.

Grainne Teggart of Amnesty’s Northern Ireland campaigns said that this was a disappointing outcome for the men and their families.

“We believe the Court has missed a vital opportunity to put right a historic wrong,” she said.

- with reporting by Hayley Halpin and Gráinne Ní Aodha

Read: New evidence proves the UK tortured interned men during The Troubles, says Ireland >

Read: Gerard McKerr, one of the “Hooded Men”, has died >

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    Mute speedy
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    Jul 21st 2021, 7:20 AM

    If the British side break the protocol to suit a few hardline unionists in the north then I hope the eu come down hard on them for breaking an international trade agreement and they are punished by extra tariffs.johnson,Cummings and frost will bring Britain back to the stone age

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    Mute Joe Johnson
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    Jul 21st 2021, 9:54 AM

    @speedy: Yes agree and their US trade deal is then history.

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    Mute Mark H
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    Jul 21st 2021, 10:34 AM

    @speedy: if they eliminate checks etc the UK will just become a back door to the EU. No way EU could agree to it. If UK want frictionless trade with the EU, you need to be in the EU. Johnson and his crew are just playing for the UK press… The big bad EU…. Actually it’s the petulant arrogant UK… But facts don’t matter to them.

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    Mute Diarmuid Hunt
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    Jul 21st 2021, 10:53 AM

    @Mark H: They don’t even have to be in the EU, just be part of the customs union, which was on offer to them while negotiating. Remember the Norway style deal that was talked of… yeah.

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    Mute iohanx
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    Jul 21st 2021, 1:54 PM

    @Mark H:

    To use a Wembley analogy, they’re trying to get in for free!

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    Mute Niall O
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    Jul 21st 2021, 3:17 PM

    @Diarmuid Hunt: Or agree to have a mechanism where the standards will be the same or equivalent. Not the “let’s pretend that our standards are equivalent, even though we might deviate from EU standards”

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    Mute Barry Lynch
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    Jul 21st 2021, 3:46 PM

    @speedy: you forgot Lord Rees of the Moggs.

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    Mute James McErlain
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    Jul 21st 2021, 6:31 PM

    @speedy: Cummings?

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    Mute Gary Kearney
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    Jul 22nd 2021, 11:22 AM

    @Mark H: When have the facts ever mattered to any British Government.

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    Mute Mícheál
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    Jul 21st 2021, 8:08 AM

    wow is this for real .. how can any country any foreign trade minister sign an agreement with Great Britain in the knowledge that they will sign it and then change it to suit themselves, seriously who do these people think they are

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    Mute frank_66
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    Jul 21st 2021, 7:18 AM

    The uk starting to dictate to EU but I think they are wasting their time as the protocol is what they signed up for and the DUP campaigned hard for brexit

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    Mute Fr. Fintan Stack
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    Jul 21st 2021, 7:24 AM

    An “honesty box” ? Yeah, that should work out well.

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    Mute Jayne
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    Jul 21st 2021, 8:05 AM

    @Fr. Fintan Stack: Ha, yeah I laughed out loud at that part. What could possibly go wrong?!

    226
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    Mute David Van-Standen
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    Jul 21st 2021, 9:04 AM

    After years of waiting for the UK to reveal its frictionless technological solution to eliminate customs checks for goods entering Northern Ireland, we are presented with the honesty box!

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    Mute jerry slattery
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    Jul 21st 2021, 8:08 AM

    Breaking the protocol and putting the Good Friday agreement in danger will do them no favors on Capitol Hill .

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    Mute Hugh Mc Donnell
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    Jul 21st 2021, 7:48 AM

    The tories should have been honest in the very beginning with the electorate

    265
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    Mute Niall Lee
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    Jul 21st 2021, 2:53 PM

    @Hugh Mc Donnell: Tories honest…. That shouldn’t be in the one sentence

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    Mute Tony Gordon
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    Jul 21st 2021, 3:14 PM

    @Niall Lee: it’s called an oxymoron

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    Mute Francis Devenney
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    Jul 21st 2021, 9:56 AM

    They used to say “The sun never sets on the empire” I think that’s because even God wouldn’t trust them in the dark.

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    Mute Tony Gordon
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    Jul 21st 2021, 3:15 PM

    @Francis Devenney: or it’s because it never rose in the first place (still in the dark ages)

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    Mute Handsome McWonderful
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    Jul 21st 2021, 8:17 AM

    The Brits are at it again.

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    Mute Fachtna Roe
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    Jul 21st 2021, 12:21 PM

    @Handsome McWonderful: Evidence in support:

    https://arethebritsatitagain.org/

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    Mute Accidental Gentleman
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    Jul 21st 2021, 10:08 AM

    If Brexit has taught us anything, it is that the UK can’t be trusted to tell the truth.

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    Mute David Stapleton
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    Jul 21st 2021, 8:27 AM

    So the only way to make the protocol work is to ignore it and the agreement they signed up to.

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    Mute Darren McEneaney
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    Jul 21st 2021, 9:43 AM

    You’d swear they didn’t help write the thing with the way they’re carrying on

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    Mute Rochelle
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    Jul 21st 2021, 12:42 PM

    Honestly I think it’s just time to take a hard line with Britain, they haven’t approached negotiations in good faith since the outset and seem to think every agreement and promise they’ve made in the past can be broken as they please.

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    Mute Gary G
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    Jul 21st 2021, 10:15 AM

    A tinpot country run by a despot would have more integrity and competence than this lot. Only option now for the EU is hard retaliatory punitive tariffs which will paint these delinquants as the victims for ignoring the deal they made an international law treaty. This statement will be the malicious falsehood that they ever intended to honour or implement the protocol. England / UK is sinking down the toilet under that joke Johnson.

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    Mute Brian Kelly
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    Jul 21st 2021, 9:10 AM

    Really! An honesty box!? I wouldn’t trust the Brits as far as I could throw them!!! What a laugh…

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    Mute MrHammey12
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    Jul 21st 2021, 9:56 AM

    Oh hahaha let’s sign an honesty box with all the cocaine producing countries too!

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    Mute John Vectravi
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    Jul 21st 2021, 3:19 PM

    The NIP was a concession made to the UK by the EU. The UK made the argument that they would implement the checks when they formulated the agreement. All the EU has asked for is that the UK comply with their side of the agreement.
    Today it was stated in the UK parliament that UK suppliers are deciding not to export goods into NI because of the hassle of complying they can’t be bothered to do the necessary paperwork.
    NI are in a unique position that the protocol allows them to export goods into the EU and also into the UK without restrictions. Most UK companies would give their right arm to be able to do the same.
    So, where does the problem seem to be…… The DUP.

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    Mute The Mrs O’B
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    Jul 21st 2021, 1:23 PM

    They need to realise this is not like one of Boris’ revolving marriages – negotiated it, signed up for it – stuck with it -

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    Mute SheepleDog
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    Jul 21st 2021, 11:48 AM

    Global warming, pandemic, age of online misinformation, asymmetric warfare, ransomware, rise of far-right…..and the English; was it ever thus!

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    Mute Irish big fellow
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    Jul 21st 2021, 3:02 PM

    UK should need to consult the dictionary to study the meaning of “honesty “ and then try and understand why other EU countries do not trust them in particular when Johnson is in charge.

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    Mute David Lynch
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    Jul 21st 2021, 12:29 PM

    Wish someone would just tell them to feck off

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    Mute Adrian O'Donnell
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    Jul 21st 2021, 4:04 PM

    @David Lynch: we did, they only got three quarters of the message

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    Mute J Flood
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    Jul 21st 2021, 2:05 PM

    More of the same BS. How long did it take the UK to “negotiate” Brexit?

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    Mute Pádraic Ó Braonáin
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    Jul 21st 2021, 2:29 PM

    Unbelievable arrogance!

    Any nation thinking of doing a trade deal with the UK (under this current government) should think hard and tread cautiously – better still – save yourselves a massive headache – just don’t do it.

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    Mute
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    Jul 21st 2021, 4:22 PM

    U.K attempting to move the goalposts while the match is being played

    47
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    Mute Jim Doherty
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    Jul 21st 2021, 4:19 PM

    An ‘Honesty Box’…operated by the Tories? Hahahaha

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    Mute Josh Joyce
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    Jul 21st 2021, 2:11 PM

    Oven Ready

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    Mute Tom Halpin
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    Jul 21st 2021, 2:36 PM

    Oven ready turkey

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    Mute Bill Spill
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    Jul 21st 2021, 1:45 PM

    I wonder where ‘On the right side’ is? Poor dear.

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    Mute Gary G
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    Jul 21st 2021, 5:49 PM

    @Bill Spill: I hope he has realised that there is no point posting anymore, bar the odd you know who, nobody agrees with him, just laugh at him.

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    Mute Maria Clery-Breen
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    Jul 21st 2021, 2:12 PM

    Who the fook do they think they are ……
    Four years hundreds of thousands of wasted money and time !!M

    48
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    Mute Joe Thorpe
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    Jul 21st 2021, 7:41 PM

    It’s time to collapse the agreement & go to WTO

    10
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    Mute Mona Murphy
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    Jul 21st 2021, 9:06 PM

    @Joe Thorpe: how could anyone trust them in any agreement their goose is well and truly cooked

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    Mute Philip Mulville
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    Jul 21st 2021, 10:10 PM

    What a shower of eejits.

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    Mute Pj Browne
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    Jul 21st 2021, 7:13 PM

    The brits made a nuts of the negotiations and now they want to change it

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    Mute Nigel Barlow
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    Jul 21st 2021, 11:25 PM

    borderless ireland because of the good Friday agreement. So stick a border in the northern part of the Irish Sea – drive a wedge between mainland uk and it’s sovereign country Northern Ireland to protect the good Friday agreement. Oh hold on that can’t be right can it? Guess it is …. Whilst everyone in Europe rejoices at getting one over on the uk the good Friday agreement will unravel. But not because of the uk. If I was frost I’d tell Northern Ireland we tried our best leave matters as they are and wait for the fun and games to start.

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    Mute Gary G
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    Jul 22nd 2021, 8:27 AM

    @Nigel Barlow: how about the Britain and HMG gives back the country they stole and pillaged back to its rightful owners.

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    Mute Nigel Barlow
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    Jul 23rd 2021, 1:26 AM

    @Gary G: quite welcome to It

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    Mute Gregory Casey
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    Sep 10th 2021, 9:12 AM

    That’s Feck with a ‘eU’

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    Mute Gary Kearney
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    Jul 22nd 2021, 11:31 AM

    What amazing is they continue to go this route after the G8 and the G20 meetings. Where they were clearly told by the rest of the world. Don’t even try and do this.
    Irish hory indeed world history has so many examples of the British and “Honesty”.
    Yet the expect everybody to agree with this.
    An agreement they insisted upon and agreed to, now they have changed their mind because of their own red tape, which they insisted upon.
    I expected them to pull some dirty tricks but nothing as simple minded as this.
    The laughable part is they are saying they got great trade deals from other countries and so far every one of them is worse than the present EU deal.
    The have not move the goalposts, they are trying to change the game and the rules as they go along. The rest of the world is sharpening their knives as the realise how weak the Uk government are.

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