FACTS ON INTERNMENT IN NORTHERN IRELAND (FROM TERRORISM AND CRIMINAL JUSTICE - AN INTERNATIONAL PERSPECTIVE, 1978 BY RONALD D CRELINSTEN ET AL - SEE NCJ-47357)

• NCJ Number: 47365
• Author(s): K BOYLE; T HADDEN; P HILLYARD
• Date Published: 1978
• Length: 13 pages
• Corporate Author: Lexington Books
• Publication Format: Document
• Language: English
• Country: United States of America

Annotation

THE USE OF INTERNMENT AS A MEANS FOR DETAINING SUSPECTED TERRORISTS IN NORTHERN IRELAND IS DESCRIBED, AND THE LAWS SUPPORTING THIS PRACTICE ARE CITED.

Abstract

THE DIPLOCK COMMITTEE WAS ESTABLISHED TO MAKE RECOMMENDATIONS REGARDING THE ARREST OF TERRORISTS. SOLDIERS OFTEN WOULD ARREST SUSPECTED TERRORISTS OR THOSE KNOWING ABOUT TERRORIST ACTIVITIES AND TRY TO HOLD THEM FOR POLICE QUESTIONING. THERE WERE SOME LEGAL CHALLENGES TO THIS POLICY, WHICH RESULTED IN THE FORMATION OF THE DIPLOCK COMMITTEE. ITS RECOMMENDATIONS WERE ENACTED INTO LAW IN 1973. THE ARMY MAY ARREST AND HOLD A PERSON FOR UP TO 4 HOURS, WHICH IS DONE FREQUENTLY. THIS EXTRAJUDICIAL COMMUNAL SCREENING IS PERFORMED BY THE ARMY IN THE CATHOLIC AREAS OF NORTHERN IRELAND, WHILE IN THE PROTESTANT AREAS, INCIDENTS ARE INVESTIGATED BY THE POLICE. IT HAS CAUSED WIDESPREAD DISSATISFACTION, PARTICULARLY AMONG CATHOLICS. IT WAS THE TRUE INTENTION OF THE DIPLOCK RECOMMENDATION TO MAKE DETENTION PROCEDURES EQUAL FOR THE TWO GROUPS. UNDER THE NEW PROCEDURES, THE GUIDELINES FOR HOLDING A SUSPECT ARE MORE TIGHTLY DRAWN, AND THE PROVISIONS FOR THE QUASI-JUDICIAL REVIEW OF EACH CASE ARE FORMALLY INDEPENDENT OF THE EXECUTIVE. INTERIM CUSTODY ORDERS ARE MADE AFTER THE 72-HOUR DETENTION PERIOD. THE TERRORIST MAY BE HELD FOR 28 DAYS ON THE BASIS OF SPECIFIC EVIDENCE, THOUGH THE EVIDENCE IN PRACTICE IS OFTEN TOO WEAK TO SECURE A CONVICTION. IN MANY CASES SUSPECTS ARE DETAINED LONGER THAN THIS BY HOLDING THEM PENDING A HEARING. AFTER THE CUSTODY PERIOD, THE SUSPECTED TERRORIST IS TURNED OVER TO A COMMISSIONER'S HEARING. THESE HEARINGS HAVE A HIGH DISCHARGE RATE, MAINLY BECAUSE OF THE WEAKNESS OF THE CASE PRODUCED. IN CONCLUSION, THE AUTHOR POINTS OUT THAT THE PROCEDURES FOR ARREST AND QUESTIONING AND EXTRAJUDICIAL DETENTION HAVE BEEN MISUSED. THE HIGH RELEASE RATE OF THE DETAINEES AND THE LARGE NUMBER OF INNOCENT PEOPLE OR PEOPLE ONLY MARGINALLY INVOLVED WITH TERRORISTS WHO ARE HELD FOR LONG PERIODS OF TIME SHOWS THAT THE SYSTEM IS ABUSED. HOWEVER, THE SYSTEM OF DIPLOCK TRIALS (SUSPENSION OF JURY TRIALS) HAS WORKED WELL AND HAS REMOVED THE DIFFERENTIATION BETWEEN PROTESTANT AND CATHOLIC IN THE TRIALS. THE RECOMMENDATIONS ARE THAT THE DIPLOCK TRIALS BE COMBINED WITH THE POLICE PROSECUTION APPROACH, WHERE THE SUSPECTS ARE ARRESTED AND QUESTIONED AND EVENTUALLY CHARGED AND TRIED ONLY FOR SPECIFIC OFFENSES. OTHER CHANGES SHOULD INCLUDE REASONABLE SUSPICION FOR ARRESTS, FORMAL CONDITIONS FOR INTERROGATIONS, AND THE REGULAR PUBLICATION OF FIGURES ON THE OPERATIONS OF THESE PROCEDURES. TABULAR DATA ARE INCLUDED. (BAC)