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Author: Dermot Walsh
Publisher:
ISBN: 9781905536207
Category : Human rights
Languages : en
Pages : 0
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Book Description
This book assesses the powers, practices, and processes of Garda (Ireland's police force) for compliance with international best practice in human rights standards. It offers a unique critique of the law, policy, and practice on policing in Ireland from a human rights perspective. The book is divided into four sections, with Part I examining human rights and policing in general. It offers a detailed and comprehensive account of human rights standards applicable to key aspects of policing, such as: arrest * detention * interrogation * the right of access to legal advice and medical treatment * the taking bodily samples * stop and question/search * entry, search, and seizure * surveillance * the use of informers * the improper use of intelligence * public order * the use of force * the treatment of victims * the treatment of ethnic minorities * complaints * internal discipline * accountability to the law * governance and democratic accountability * gender and diversity in the composition of the police organization * the rights of police officers with respect to trade union membership, political activity, and disciplinary procedures. The human rights standards on each of these aspects are extracted from international sources, such as: the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the Council of Europe's Code of Police Ethics, the reports of the Council of Europe's Committee on the Prevention of Torture, the jurisprudence of the European Court of Human Rights, and examples of best practice from other jurisdictions. This is supplemented by an account of relevant Irish human rights standards as extracted from Ireland's Constitution, the common law, and legislation. On each of these key aspects of policing, attention is drawn to how and where Irish law falls short of international best practice and what is needed to remedy the deficiencies. Part II offers a structured and comprehensive account of the human rights concerns that have affected policing in Ireland over the past decade or so. It gives an overview of the human rights failings that have been revealed by sources, such as: the Morris Tribunal of Inquiry into events in Donegal * the Barr Tribunal into the fatal shooting of John Carthy at Abbeylara * the Garda Siochana Complaints Board and Ombudsman Commission * the European Committee on the Prevention of Torture * judgments from Irish courts * the Ionann Human Rights Audit on the Garda * investigative journalism. Part III offers a critique of the Garda policies and processes that have been and are being taken to address the human rights deficiencies outlined in Part II. This includes an expert analysis of the internal formulation and dissemination of human rights policies and the monitoring of compliance with those policies and human rights standards within the force. In Part IV, the book concludes with a body of broad recommendations on the further actions that are needed to ingrain human rights standards at the heart of all aspects of policing in Ireland.
Author: Dermot Walsh
Publisher:
ISBN: 9781905536207
Category : Human rights
Languages : en
Pages : 0
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Book Description
This book assesses the powers, practices, and processes of Garda (Ireland's police force) for compliance with international best practice in human rights standards. It offers a unique critique of the law, policy, and practice on policing in Ireland from a human rights perspective. The book is divided into four sections, with Part I examining human rights and policing in general. It offers a detailed and comprehensive account of human rights standards applicable to key aspects of policing, such as: arrest * detention * interrogation * the right of access to legal advice and medical treatment * the taking bodily samples * stop and question/search * entry, search, and seizure * surveillance * the use of informers * the improper use of intelligence * public order * the use of force * the treatment of victims * the treatment of ethnic minorities * complaints * internal discipline * accountability to the law * governance and democratic accountability * gender and diversity in the composition of the police organization * the rights of police officers with respect to trade union membership, political activity, and disciplinary procedures. The human rights standards on each of these aspects are extracted from international sources, such as: the European Convention on Human Rights, the International Covenant on Civil and Political Rights, the UN Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, the Council of Europe's Code of Police Ethics, the reports of the Council of Europe's Committee on the Prevention of Torture, the jurisprudence of the European Court of Human Rights, and examples of best practice from other jurisdictions. This is supplemented by an account of relevant Irish human rights standards as extracted from Ireland's Constitution, the common law, and legislation. On each of these key aspects of policing, attention is drawn to how and where Irish law falls short of international best practice and what is needed to remedy the deficiencies. Part II offers a structured and comprehensive account of the human rights concerns that have affected policing in Ireland over the past decade or so. It gives an overview of the human rights failings that have been revealed by sources, such as: the Morris Tribunal of Inquiry into events in Donegal * the Barr Tribunal into the fatal shooting of John Carthy at Abbeylara * the Garda Siochana Complaints Board and Ombudsman Commission * the European Committee on the Prevention of Torture * judgments from Irish courts * the Ionann Human Rights Audit on the Garda * investigative journalism. Part III offers a critique of the Garda policies and processes that have been and are being taken to address the human rights deficiencies outlined in Part II. This includes an expert analysis of the internal formulation and dissemination of human rights policies and the monitoring of compliance with those policies and human rights standards within the force. In Part IV, the book concludes with a body of broad recommendations on the further actions that are needed to ingrain human rights standards at the heart of all aspects of policing in Ireland.
Author: Richard Martin
Publisher:
ISBN: 9780192597304
Category : Human rights
Languages : en
Pages : 417
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Book Description
Author: Elaine Dewhurst
Publisher:
ISBN: 9781905536504
Category : Human rights
Languages : en
Pages : 0
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Book Description
As part of the successful "Principles" series, Clarus Press has published Principles of Irish Human Rights Law: the first student textbook in Ireland dedicated to the direct comparison of the Irish and European systems for the protection of human rights. Designed and written specifically for students of human rights law, the book discusses and analyzes each key 'human right' in turn. Each right is examined through the three primary human rights instruments: the Irish Constitution, the European Convention on Human Rights (ECHR), and the Charter of Fundamental Rights. Each instrument is examined and explained, giving an overview of the particular right, discussing and analyzing in which situations that the right is engaged, and including an examination of situations which constitute an interference with the right and what justifications may arise for such interferences. Principles of Irish Human Rights Law examines the often-neglected area of procedural issues, including the initial application of human rights instruments in Ireland, together with their territorial and extra-territorial jurisdiction. In addition, the book looks at the effect of the Charter of Fundamental Rights together with the future of the Irish Constitution and the ECHR. This book is a must for all students of human rights law and related subjects. It will also be an invaluable resource for all lawyers requiring a reference to human rights issues as a comprehensive yet accessible text aiding clearer understanding of the application of human rights in Ireland.
Author: Garnet Orange
Publisher: Bloomsbury Professional
ISBN: 9781526527547
Category : Law
Languages : en
Pages : 0
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Book Description
Police Powers in Ireland covers everything you need to know about police powers in the context of the investigation of crime, as well as general interactions between the members of An Garda Síochána and the public. This book examines the legal issues that arise, with an emphasis on the practicalities of policing.Alongside an analysis of up-to-date case law, this book traces the history of the force, its duties and powers, and details the importance of human rights.The Second Edition covers:- The significant changes to the law on drawing adverse inferences- The changes which DPP v JC had on the exclusionary rule- Damache v DPP, dealing with the competing interests between state and the accused- Observation, surveillance and phone-tapping- Visual ID (parades, videos, photos)This is a must-have guide to the duties, powers and history of An Garda Síochána for criminal practitioners, judges and academics; a necessity in any criminal lawyer's briefcase. This title is included in Bloomsbury Professional's Irish Criminal Law online service.
Author: Andrew Goldsmith
Publisher: Hart Publishing
ISBN: 1841130303
Category : Law
Languages : en
Pages : 347
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Book Description
As the issue of police conduct in both industrialized and non- industrialized countries has reached several international agendas, contributors from the social sciences, justice, and human rights examine recent experiences with and prospects for civilian oversight, and how the relatively new method of accountability has been interpreted and implemented in a wide range of jurisdictions around the world. Distributed in the US by ISBS. c. Book News Inc.
Author: Rebecca Coen
Publisher:
ISBN: 9781905536603
Category : Criminal law
Languages : en
Pages : 0
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Book Description
The police force in Ireland - known as the Gardai ("Guardian") - are required to combine technical and legal proficiency in the prevention and detection of crime. Expected to intervene in every kind of emergency, Gardai investigate a diverse array of offenses, combining skills in crowd control, crime scene management, intelligence-gathering, and the collection and analysis of forensic evidence. In order to fulfill their various functions, the Gardai are vested with an extraordinary array of powers - powers which facilitate surveillance; the taking of forensic samples; photographs and fingerprints; stopping, searching, and arresting individuals; as well as searching homes and vehicles. Suspects are detained and questioned, children are taken into emergency care, mentally ill persons are taken into custody. Each situation is not only complicated on a human level, but on a legal level as well, as the powers exercised intersect with constitutional and legal rights to liberty, privacy, bodily integrity, freedom of association, and expression. In England and Wales, the Police and Criminal Evidence Act 1984 is accompanied by extensive PACE Codes of Conduct. There is a core framework of police powers and safeguards - clearly laid out - around stop and search, arrest, detention, investigation, identification, and interviewing detainees. However, in Ireland, an unwieldy array of legislation and case-law must be sifted through to decipher the applicable principles. The pace of legislative change in Irish criminal justice, combined with the practice of amending Acts piecemeal rather than by consolidation, makes identification of the extent and scope of the powers of the Gardai a challenge which is grappled with by Gardai and legal practitioners alike. This book examines Garda powers and the legal issues which arise in their exercise, with an emphasis on the practicalities of policing. The law is distilled to determine the origin of key powers and the pre-requisites and practical aspects of their lawful exercise. The approaches of the courts and police forces of other common-law jurisdictions to particular policing questions are considered. Best practice guidance has been incorporated, grounded in human rights principles and international standards.
Author: Anneke Osse
Publisher:
ISBN: 9789064631757
Category : Human rights
Languages : en
Pages : 321
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Book Description
"Understanding policing, a resource for human rights activists gives background information on policing issues for human rights advocates working on policing and those considering embarking on such work. This resource book is based on the premise that in order to intervene effectively in police conduct, it is essential to have a thorough understanding of policing and the context in which it takes place: both the legal standards guiding police work as well as the practical methodologies developed by police to implement these. Armed with this understanding human rights advocates can make an assessment of police agencies in specific contexts. Such an assessment is vital both to developing an effective research and campaigning strategy for the improvement of police compliance with human rights, and to deciding whom to target whether to follow a confrontational and/or engagement approach."--p. 4 of cover.
Author: Vicky Conway
Publisher: Routledge
ISBN: 113508954X
Category : Social Science
Languages : en
Pages : 304
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Book Description
The twentieth century was a time of rapid social change in Ireland: from colonial rule to independence, civil war and later the Troubles; from poverty to globalisation and the Celtic Tiger; and from the rise to the fall of the Catholic Church. Policing in Ireland has been shaped by all of these changes. This book critically evaluates the creation of the new police force, an Garda Síochána, in the 1920s and analyses how this institution was influenced by and responded to these substantial changes. Beginning with an overview of policing in pre-independence Ireland, this book chronologically charts the history of policing in Ireland. It presents data from oral history interviews with retired gardaí who served between the 1950s and 1990s, giving unique insight into the experience of policing Ireland, the first study of its kind in Ireland. Particular attention is paid to the difficulties of transition, the early encounters with the IRA, the policing of the Blueshirts, the world wars, gangs in Dublin and the growth of drugs and crime. Particularly noteworthy is the analysis of policing the Troubles and the immense difficulties that generated. This book is essential reading for those interested in policing or Irish history, but is equally important for those concerned with the legacy of colonialism and transition.
Author: Kevin Hearty
Publisher: Oxford University Press
ISBN: 1786940477
Category : History
Languages : en
Pages : 324
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Book Description
This book is an original case study of how memory has driven and challenged the Irish republican transition from armed conflict to constitutional politics that culminated in the acceptance of policing in the Northern Ireland state.
Author: John McGarry
Publisher:
ISBN:
Category : Political Science
Languages : en
Pages : 172
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Book Description
Police reform, one of the most hotly debated issues in Northern Ireland, is at the heart of the Good Friday Agreement. This timely and dispassionate book examines the status quo and puts forward reasoned proposals to help create representative, impartial, decentralised, demilitarised and democratically accountable policing services - proposals which respect the identities and ideas of unionists, nationalists and others.
