JUDGES’ APOLOGIES FOR RACIST COMMENTS NOT SATISFACTORY, SAYS IRISH CENTRE FOR HUMAN RIGHTS

national | miscellaneous | news report Wednesday February 26, 2003 12:44 by Shane

JUDGES’ APOLOGIES FOR RACIST COMMENTS NOT SATISFACTORY, SAYS IRISH CENTRE FOR HUMAN RIGHTS

The recent ‘apologies’ by members of the Irish judiciary for racist remarks made while rendering judgments on Irish residents are unsatisfactory, and do not begin to respond to the gravity of these transgressions.
Racist views like those expressed by the two judges should normally be grounds for reprimand and dismissal, according to the Irish Centre for Human Rights. These remarks should be taken as evidence that such persons are unsuited for judicial office.
‘Both sets of remarks show serious defects in judgment of men who rule upon guilt and innocence and who pronounce sentences upon individuals based on considerations that are alien to criminal justice’, said Professor William Schabas, director of the Irish Centre for Human Rights. ‘In the case of Judge Kenny, his remarks indicate that a consideration in imposing sentence upon Ms Abebanjo was the conduct of other persons of Nigerian origin who were allegedly driving without insurance. No judge should ever be sentencing people for presumed crimes committed by others. Judge Neilan’s remarks indicated that he too assesses the guilt of individuals based on his perception of the behaviour of others of the same ethnic origin.’
In light of these incidents, which raise serious concerns about the impartiality of the Irish judiciary as a whole, training and sensitisation of judges is an obvious need. But Ireland also requires appropriate mechanisms to ensure that persons with such views are not appointed to the bench, and that if they manifest such opinions they are disciplined and removed. Indeed, a call to review the criteria and procedure for the appointment of judges in Ireland would not, at this juncture, be out of place.
Racist comments of this sort are simply incompatible with the judicial function, and reveal judges who are unable to rule in a fair, equitable and non-discriminatory manner. Without recognition by judges Neilan and Kenny that their comments display serious shortcomings in the judicial impartiality expected of them, and a willingness on their part to undertake significant remedial measures, the so-called ‘apologies’ cannot be considered a satisfactory resolution of the matter, said the Centre.
The Irish Centre for Human Rights is based at the National University of Ireland, Galway, and engages in teaching, research and advocacy.

Galway, 25 February 2003