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'Hooded men' to ask Irish government to appeal European 'torture' ruling

“I’ve never spoke to the European court about how we feel 45 years later,” one of the ‘hooded men’ Francie McGuigan said.

BRITAIN-IRELAND-NIRELAND-UNREST-EU-RIGHTS Men who were detained by the British in 1971, some of the so-called 'Hooded Men'. AFP / Getty Images AFP / Getty Images / Getty Images

A GROUP OF men who say they were tortured by British soldiers in the 1970s are to ask the Irish government to appeal their case after a decision was given earlier today.

The European Court of Human Rights rejected the appeal taken by the Irish government  against the UK to 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.

Tánaiste and Minister for Foreign Affairs Simon Coveney said this evening that the government would consider the ruling carefully, and that he would meet with the ‘hooded men’ in the coming weeks.

My thoughts today are with the men who suffered this treatment, and who have had to deal with the long-lasting effects. I know that they will be understandably disappointed with this morning’s judgment.

He added that it was “important to note” that the original court ruling from 1978 still stands, which shows the techniques used were in breach of Article 3 of the European Convention on Human Rights.

Although the European Commission of Human Rights found in 1976 that the ‘five techniques’ used on the men amounted to torture, the European Court of Human Rights reversed that finding two years later.

By 13 votes to 4, and without hearing evidence from the men, it found that although the events “undoubtedly amounted to inhuman and degrading treatment… they did not occasion suffering of the particular intensity and cruelty implied by the word ‘torture’”.

That finding was appealed by the Irish government, but today the European court ruled that it would not review the finding that the five techniques were torture (the five techniques were hooding, wall-standing in stress positions for hours, white noise, sleep deprivation, and food and water deprivation).

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

One of the ‘hooded men’, Francie McGuigan, told TheJournal.ie that it was “very disappointing” that the court decided against a revision.

“I’ve never spoke to the European court – neither have any of the lads – about how we feel 45 years later, about the effect it has had.”

He said that after the seven days of internment at the age of 23, he had three fractured ribs, the in-steps of his feet were destroyed from being dragged along corridors, and he was diagnosed with PTSD.

Two brothers walked by one of the guys [Kevin Hannaway] in prison and didn’t recognise him, his face was so badly beaten.
Sean McKenna who was 42, his hair had turned from black to pure white in that week. Sean McKenna died within two years.

“Four [of the 14] lads have died, and for them to say this wasn’t torture…”

Today, the European court ruled that the documents did not demonstrate facts such as the longterm impact on the psychology of the men involved.

But the court did acknowledge the lack of assistance from the UK, which had conceded that authorisation for the techniques had been given “at high level”.

Archived documents discovered in 2013 revealed the extent of the UK government’s involvement in and knowledge of the treatment of those 14 men.

Home secretary at the time Merlyn Rees wrote in a letter to Labour prime minister James Callaghan in 1977:

“It is my view (confirmed by Brian Faulkner before his death) that the decision to use methods of torture in Northern Ireland in 1971/72 was taken by Ministers – in particular Lord Carrington.

If at any time methods of torture are used in Northern Ireland contrary to the view of the government of the day I would agree that individual policemen or soldiers should be prosecuted or disciplined; but in the particular situation of 1971/72, a political decision was taken.

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

Read: Treatment of ‘hooded men’ wasn’t torture, human rights court rules

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    Mute Jarlath Murphy
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    Mar 20th 2018, 7:47 PM

    If this is not recognised as Torture then human rights in custody mean nothing!

    I seem to recall at least one of these guys was hooded and thrown from a helicopter 8 feet off the ground when he thought he was 100s of feet up! Which was similar to what was allegedly happening in Vietnam when the suspect Viet Cong were being interrogated!

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    Mute Martin Ryan
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    Mar 20th 2018, 8:16 PM

    @Jarlath Murphy: Of course it amounts to torture however the british terrorists have gotten away with acts of barbarism for centuries and with ruling today it looks set to continue.

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    Mute Cal Mooney
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    Mar 20th 2018, 8:18 PM

    @Jarlath Murphy: You can be damned sure if the Russians used even half those techniques, the whole world would be calling it torture. Regardless of what the ECHR call it, we in Ireland will always call it what it really is. Torture.

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    Mute Ohhh_reeally
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    Mar 20th 2018, 9:02 PM

    @Martin Ryan: as have the irish

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    Mute Martin Ryan
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    Mar 20th 2018, 9:32 PM

    @Ohhh_reeally: oh really how so.

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    Mute frank murphy
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    Mar 20th 2018, 10:45 PM

    They weren’t tortured, excellent decision by the court :)

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    Mute Jarlath Murphy
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    Mar 20th 2018, 11:00 PM

    @frank murphy:
    Your a sad case Frank!

    https://www.irishtimes.com/news/crime-and-law/the-torture-centre-northern-ireland-s-hooded-men-1.2296152

    I sincerely hope you never find yourself on the receiving end of any one of the five “Enhanced Interrogation Techniques”

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    Mute gregory
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    Mar 20th 2018, 8:28 PM

    Fair play to Merlyn Rees and shame on this European Court

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    Mute Henry Matthews
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    Mar 20th 2018, 9:16 PM

    The blueshirts are having a jizzfest on the sf story…..multiple account overdrive ..its really weird..

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    Mute frank murphy
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    Mar 20th 2018, 10:46 PM

    @Henry Matthews: Fantastic ruling by the court. I’m delighted :)

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    Mute Sean Higgins
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    Mar 20th 2018, 10:07 PM

    Even with Britain leaving the E.U. it looks like those in power will still look out for each other………

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    Mute Féach News
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    Mar 20th 2018, 8:48 PM

    BREAKING: “Torturing Fenians is a human right” says European Court of Human Rights.
    #Hooded #HoodedMen

    https://twitter.com/_FeachNews/status/976028833395683329

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    Mute frank murphy
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    Mar 20th 2018, 10:47 PM

    @Féach News: Your persecution complex is most amusing. it wasnt torture shinnerbot :D

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    Mute Pat O'Looney
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    Mar 20th 2018, 9:29 PM

    Has any of these so-called judges ever experienced this King of torture? Shame on them. What a waste of OUR money on a shambles like this.

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    Mute GO GREEN
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    Mar 20th 2018, 9:54 PM

    A stupid decision that will give a license to all would be torturers to throw people off helicopters – deprive people off sleep – bombard them with incessant noise etc and at the end of the day they can point to this court decision and say ah sure its not torture just a little bit of fun – carry on regardless.

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    Mute frank murphy
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    Mar 20th 2018, 10:47 PM

    @GO GREEN: An excellent decision bt the court and one i fully support :)

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    Mute FrustratedASDMum
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    Mar 21st 2018, 12:33 AM

    @frank murphy: So you keep saying, Frank. We heard you the first, second and third time. Calm down.

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    Mute Missyb211
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    Mar 21st 2018, 1:51 AM

    @frank murphy: just wondering, do you always agree with breaches in the convention of human rights? Or is it only sometimes!

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    Mute Niall Conneely
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    Mar 21st 2018, 1:41 AM

    Being thrown out alive, while hooded, isn’t torture? Ridicolous! It seems to have been a gigantic experiment including, presumably, British psychologists.

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    Mute Niall Conneely
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    Mar 21st 2018, 1:41 AM

    Forgot to say out of a helicopter

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    Mute John Riordan
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    Mar 20th 2018, 8:32 PM

    Boys in the hood

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