Human Rights in Ireland - Extrajudicial, Summary or Arbitrary Executions

The record of correspondence for 2007 is excerpted from the official United Nations report, A/HRC/4/20/Add.1.

Ireland: Death in Custody of Terence Wheelock

The Special Rapporteur appreciates the response provided by the Government of Ireland and would appreciate receiving the results of the inquest when it has been completed.

In this connection, I would like to bring to your Government’s attention information I have received regarding the death of Terence Wheelock on 2 June 2005 while he was in Garda custody. According to the information I have received, Terence Wheelock, along with three others, was arrested at 12.10pm on the 2nd June, 2005, for an offence under Section 112, Road Traffic Acts (unauthorized taking of a vehicle). Two of those arrested were detained at Mountjoy Garda Station, while Wheelock and one other were detained at Store Street Garda Station arriving there at 12.20pm. He was placed in a cell at 12.25pm and between that time and 2.40pm he was checked in his cell on five occasions. On each visit, police report that all was found to be in order. At 2.40pm on checking the cell, Wheelock was not visible through the inspection hatch. The Garda on duty entered the cell and found Wheelock unconscious following an attempt to hang himself. He could not be revived and was rushed to the Mater Hospital where he died three months afterwards, in September 2005, without having regained consciousness.

Concerns have been raised in relation to the handling of this case by the Garda. It has been brought to my attention that Terence Wheelock was allegedly assaulted by police officers during his arrest. Once he was found unconscious, emergency aid was not immediately requested. In addition, Wheelock was reportedly taken out of his cell before the arrival of the medical personnel, contrary to basic first aid requirements. Other reports indicate that he had bruises and marks on his head and body. It has also been reported that the cell in which Wheelock was placed was forensically cleaned up despite a court order prohibiting such action.

My understanding is that the circumstances of his death are now subject of an enquiry as Detective Superintendent Oliver Hanley, Dun Laoghaire Garda Station, was appointed to examine the circumstances surrounding this incident.

Without in any way pre-judging the accuracy of the allegations I have received, I would like to receive information from your Government in relation to the results of the above mentioned inquiry. I am aware of the Garda regulations on the treatment of persons in Garda custody which your Government has shared with me further to my September 2005 request on the Garda Síochána records of people who have died in custody. I would be grateful if your Government could indicate the extent to which these regulations were followed in the case of Terence Wheelock.

Request for information on the death of Mr. Terence Wheelock by the UN Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions

1. The late Terence Wheelock was found hanging in his cell in Store Street Garda (police) Station in Dublin on 2 June, 2005. He was removed to hospital where he died a little more than three months later.

2. A Detective Superintendent from outside the relevant Garda Division was appointed immediately after the incident to carry out a detailed investigation into all the circumstances surrounding Mr. Wheelock's arrest, detention and removal to hospital.

The Garda authorities furnished the Department of Justice, Equality and Law Reform with a report on the matter and a copy of the Superintendent's investigation file was received on 2 February, 2006. The file had also been submitted to the Director of Public Prosecutions who issued instructions that no prosecution should ensue.

The Garda Superintendent's report concludes that the Criminal Justice Act 1984 (Treatment of Persons in Custody in Garda Siochâna Stations) Regulations, 1987 were fully complied with. In particular a custody record was completed, a notice of his rights was given to Mr. Wheelock and these rights were explained to him, a solicitor was contacted on his behalf, he was placed in a single cell and he was visited at approximately 30 minute intervals. There was no evidence of ill treatment

5. In the week following the incident, in the interest of health and safety of other persons who could be placed in the cell, renovations, including recessing the alarm buzzer panel into the cell wall were carried out. Photographs were taken of the ligature in situ before that work was carried out. The Garda Siochâna do not have knowledge of the Court Order referred to in the Special Rapporteur's correspondence. Furthermore, in September 2005, approximately 3 months after the incident, solicitors for the Wheelock family wrote to the Department expressing surprise that remedial works had been carried out. No reference was made in that correspondence to the existence of a Court Order.

6. An inquest into Mr. Wheelock's death is ongoing at present. An inquest is an independent statutory inquiry to ascertain the cause of death and the Coroner has statutory duties and powers, including the power to call witnesses. The Coroner cannot consider questions of civil and criminal liability. Copies of the statements made in connection with the Gardaa Superintendent's investigation have been made available by the Garda Commissioner to the Coroner. The Minister for Justice Equality and Law Reform has offered financial assistance to the Weelock family to facilitate their legal representation at the inquest. He has also indicated that he will consider the matter further when the Inquest has been completed and a verdict returned.

7. Should the Special Rapporteur require further information the Irish authorities stand ready to assist in that regard.

The Special Rapporteur appreciates the preliminary information that was provided by the Government of Ireland in response to his earlier communication, but he regrets that the Government has not provided the results of the independent inquiry into the death of Brian Rossiter.

Follow-up letter dated 17 October 2006 (to a letter of allegation sent on 30 September 2005)

I would like to draw your Excellency’s attention to our correspondence, (reflected in my report to the Commission on Human Rights E/CN.4/2006/53/Add.1 p. 122-125), relating to the death in custody of Brian Rossiter in a cell in Clomel Garda Station in September 2002. In its response, your Excellency Government informed that an independent inquiry of the case was being conducted by Hugh Hartnett whose final report was to be published by the Minister for Justice, Equality and Law Reform.

As further indicated my observations I have made in my report, I would be grateful if your Government could provide me with a copy of Mr. Hartnett’s report.

Correspondence from 2006

The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.

Ireland: Deaths in Custody

Violation alleged: Deaths in custody

Subject(s) of appeal: 3 males (1 minor)

Character of reply: Cooperative but incomplete response

Observations of the Special Rapporteur

The Special Rapporteur appreciates the information provided by the Government of Ireland and welcomes the reforms made to the investigation and recording policies of the Garda Síochána. With respect to the case of Brian Rossiter, the Special Rapporteur will request the results of the inquiry into his death.

Allegation letter sent on 30 September 2005

Allegation letter sent concerning the failure by the Garda Síochána to keep accurate records of people who have died in Garda custody or who were taken ill and later died.

Two specific cases have been brought to my attention. The first concerns Brian Rossiter (14) who died after being in Clomel Garda station in September 2002. My understanding is that the circumstances of his death are subject to an enquiry by a Government appointed Senior-Counsel. The second concerns Thomas Mongon (who was in his late twenties) who died after being in custody in Mill Street Garda station in the same month. The cause of death apparently remains unexplained as the post-mortem found he suffered no injuries and did not die from foul play. Although both cases were given media attention, none appears in the Garda figures for deaths in custody. Lastly, Garda figures indicate that one man died on New Year’s Eve of 2001 in Dungarvan Garda Station while it has been suggested that he actually died in May of that year.

It is my understanding that the Garda figures for deaths in custody are included in the Garda Síochána Annual Reports. Overall, they show that 13 people have died in, or after being in, Garda custody between 1997 and 2003. Although official records are not yet available for 2004 and 2005, reports indicate that another five persons died in Garda station during this period. To my knowledge, they do not name the individuals but just the circumstances of the deaths and the stations in which they died. Since the annual report is published at the end of each year, it does not include any inquest outcome if the inquest has not already occurred by the time of publication. It seems that information is not subsequently updated, as is suggested by the absence of Brian Rossiter’s name from the list, even though his death has been highly publicized.

Without in any way pre-judging the accuracy of the information I have received, I would like to receive information from your Government in relation to the steps taken by the competent authorities to accurately record and investigate deaths that took place in Garda custody over the last five years. I would also appreciate information on the specific steps taken in response to the information provided above. Such information should relate both to the specific cases and to reforms in the overall system as a result thereof.

Response of the Government of Ireland dated 17 February 2006

Background

1. The Special Rapporteur raised three specific cases and related other matters concerning the recording of deaths in custody including recent reforms in the Irish system. He also requested other pertinent information. The relevant institutions of state have been consulted in preparing this reply.

Specific Cases

2. The first case is that of Brian Rossiter who died in hospital on 13 September 2002, having been found in a collapsed state in Garda custody two days earlier. The circumstances surrounding Brian's death are currently the subject of a formal inquiry established by the Minister for Justice, Equality and Law Reforrn. This independent inquiry is being conducted by Mr. Hugh Hartnett (a Senior Counsel lawyer). Mr. Hartnett, who was appointed on 14 September 2005, will submit the report of his inquiry to the Minister for Justice, Equality and Law Reform, who intends to publish it. The Special Rapporteur notes that this death was not included in the Garda Siochana annual report for 2002, even though such annual reports contain statistics on deaths in Garda custody. This matter is dealt with below.

3. The second case concerns Thomas Mongan, who was found in a collapsed state in Garda custody on 12 September 2002 and who was pronounced dead in hospital later that day. An inquest found that death was due to respiratory depression and cardiac arrest due to alcohol toxicity. Mr Alston notes that this death was not included in the Garda Siochana annual report for 2002. Again, this matter is dealt with below.

4. A third case raised by Mr Alston identifies a typographical error in the Garda Siochana annual report for 2001, where the death in Garda custody of Patrick Hayes was reported as having taken place on 31 December 2001. In fact it took place on 3 May 2001.

5. The Garda authorities report that in the cases of Brian Rossiter and Thomas Mongan, local Garda management, in compiling statistics on deaths in Garda custody and submitting them for publication in the annual report for 2002, took a literal interpretation of the meaning of this category and did not include these deaths as they had occurred in hospital rather than in a Garda station.

Recent Changes in Recording Practice

6. In order to address the confusion which has arisen over the definition of death in custody, the Garda authorities have clarified the definition for the 2005 annual report and subsequent such reports. The new definition encompasses a death which takes place after a person comes into the custody and control of a Garda medical doctor before leaving the custody and control of a Garda. Thus it includes, for example, a death at any time from the time of arrest, including the handing of a person into the care of a hospital for treatment, while under the control of a Garda. The position, therefore, is that Garda statistics on deaths in Garda custody will from now on include the death of any person in hospital who was transferred there from a Garda station aid was still in Garda custody.

General Obligations

7. More generally, the Garda regulations on the treatment of persons in Garda custody place a clear statutory obligation on members of the Garda Siochana to ensure the safety of persons in custody, and in particular to summon medical assistance or remove a detained person to hospital where necessary.

New arrangements for investigation of complaints

8. Following the enactment of the Garda Siochana Act 2005 a new Garda Siochana Ombudsman Commission has been established. This body is tasked with independently investigating complaints relating to Garda conduct. The Ombudsman Commission is empowered to refer certain categories of complaint to the Garda Commissioner for investigation, but any complaint concerning the death of, or serious harm to, a person as a result of Garda operations or while in the custody or care of the Garda Siochana must be investigated by the Ombudsman Commission itself.

9. In addition the Act will oblige the Garda Commissioner to refer to the Ombudsman Commission any matter that appears to the Garda Commissioner to indicate that the conduct of a member of the Garda Siochana may have resulted in the death of, or serious harm to, a person. In addition, the Ombudsman Commission may, of its own volition, even where there has been no complaint, investigate any matter that appears to indicate that a member of the Garda Siochana may have committed an offence or behaved in a manner that would justify disciplinary proceedings. The Minister for Justice, Equality and Law Reform may also ask the Ombudsman Commission to investigate any such matter.

10. The changes outlined above should help to clarify and improve Irish practice in the areas referred to in the correspondence from the Special Rapporteur.

Correspondence from 1983-2002

The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.

Ireland: Visits & Communications

Correspondence from 2007

Ireland: Death in Custody of Terence Wheelock

Correspondence from 2006

Ireland: Deaths in Custody

Correspondence from 1983-2002