Police State?

national | crime and justice | opinion/analysis

Friday April 16, 2004 11:25

by Perry Mason

What is the left response to draconian legislation?

What are the implications for civil liberties in Ireland now that you can be imprisoned on the suspicions of the Gardai?

I read with some dismay today that a 31 year old man from Co Louth has been charged with membership of the CIRA. The evidence against the man appears, according to the ‘Irish News’ are the discovery of “two walkie-talkies, six mobile phones, a sim card for a phone, a metal detector and 22 tickets to a republican fundraising event”.

Basically, the prosecution appears to be relying on the gardai to put this man in jail. A detective in the witness box stated he had a “very strong feeling” the accused “was actively involved in the CIRA”. Worse still, the prosecution are opposing bail for this man because gardai feel there is “serious apprehension that the defendant would continue to commit serious crime”.

Now I’m far from being a CIRA cheer-leader and I don’t have any interest in their romantic nonsense but the above report has serious implications for everyone who is concerned about people’s civil liberties. Trial by Gardai hunches cannot be tolerated. I am putting this on indymedia hopefully to generate a serious discussion about the criminal justice system and the apparent general rolling back of people’s civil liberties. I am not a expert, but the left should be challenging the concept that people can be accused without any real evidence against them.

Please don’t bother using the comments to tell me how bad the CIRA is or that I’m a closet provo or whatever. I’m not.

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Comments (6 of 6)

I don't think this is new legislation

by Chekov

Fri Apr 16, 2004 12:36

I recall the story of a Cork Shinner who was imprisoned in the 80's for having an IRA poster in his room. The special criminal court is pretty 'special' alright.

Damn straight!

by Simon the pieman

Fri Apr 16, 2004 15:25

Of course this is a police state! Sure couldnt you be given a 3 to 5 year stretch for selling An Phoblacht a few years back. We live in a country where the government can concoct any reason to have you thrown out of their way! It always seems to happen in the run up to elections too. Remember when Martin Ferris was given a lot of unwanted Garda attention before the last general election when he was doing very well in Polls against the other candidates. People of Ireland are too busy scrambling around trying to make ends meet than worry about the corrupt people who run the country! We're being fastracked into becoming a mini USA.

The Special Court

by Needs to be discussed all right

Fri Apr 16, 2004 16:14

In the Colm Murphy case, in relation to the Omagh bombing, the conviction was secured on the back of evidence from a Garda who had been proven to have written Murphy's "statements" himself, but the judge decided to ignore this merely incidental aspect of the conduct of the Garda investigation and sentenced Murphy.

To point this out usually results in streams of abuse about the person raising doubts being 'soft' about the Omagh bombing. But the point is that if the Courts and the Guards get away with this - making up evidence or even the lack of it - they will continue to use it in other cases. The previous cases will be used a 'precedent' if questions are asked.

A person can be convicted on 'membership' of an illegal organisation and sentenced to 7 years solely on the sworn belief of a Superintendant that the person is a member. This is obviously wide open to abuse.

After the Omagh bombing another tranche of laws was passed which included one permitting the state to seize property, including family home and land, of persons convicted under it. I don't think this has actually been implemented in any case yet, but surely there are huge constitutional and human rights implications.

Nothing new

by Still here

Sat Apr 17, 2004 00:18

In every decade since the foundation of the state the crooks who run this country have abused our legal rights, brought in repressive legislation, and used their media to slander anyone who stuck their head up.
They even used pro-British terrorism as an excuse to pass repressive anti-republican legislation, when a 'Loyalist' bomb in Sackville Street was used to force through an amendment to the 'Offences Against The State Act' in December 1972.

Tyranny

by Con Lehane

Sun Apr 18, 2004 17:55

When the State has power to imprison on the word of a policeman then the people in that State are no longer free. Because when the State can do it to one they can do it to all. The State is allowed to act arbitrarily and capriciously and the fundamental right to due process is denied. In the U.S. the same situation of tyranny now also holds. Jose Padilla, a U.S. citizen, was arrested in Chicago. He was alleged to have 'terrorist' connections. Not having enough evidence to charge him with a crime the U.S. government imprisoned him without charge or trial, and for a long period without access to an attorney. His case will come before the U.S. Supreme Court. In the 26-county Irish State such tyranny has always existed. In every decade of its existence the Irish State has imprisoned people without charge or trial; the tyranny of the police state has been the norm. When next you hear someone ranting about Bush's police state, look inward. Your protests just might be more effective directed against the Irish police state. If they can deprive an alleged member if the Continuity IRA of his liberty on the word of a policeman, they can do the same to you.

You think that's tyranny?

by Righteous Pragmatist

Tue Apr 20, 2004 11:04

What about masked and armed thugs shooting people in the knees or breaking their legs with baseball bats studded with nails or using battery operated drills on their elbows?
What about a movement which killed 30 innocent men women and children in Omagh in August of 1998?
what about a movement which advocates the ethnic cleansing of Protestants of unionist allegiance from Northern Ireland?
What about a movement which is national socialist in its outlook?
What do you think a guy needs two walkie talkies, a sim card, six mobile phones and 22 tickets to a republican fundraising event? To play cowboys and indians?
Don't insult your own intelligence.

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Police State?

Comments (6 of 6)