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The Celtic League Director of Information has written to the Council of Europe Secretary General to express concern about the deployment of military personnel to assist the civil power during protests in north Mayo against construction of a Gas pipeline.
The League point out that the COE do not seem to have specifically addressed the regulation of the use of military forces in a 'police' role in support of the civil power by member States.
However, the League also point out that the Council of Europe watchdog which scrutinises prison and police services (the CPT) does set out quite clearly in its Rules (The CPT Standards) that 'law enforcement personnel' should have proper training which includes human rights training. The League point out that military personnel deployed on board naval units to Broadhaven Bay will not have had such training.
The League also express concern that the deployment of military personnel to assist in a comparatively low-key protest situation is a rights abuse saying that "whilst we accept that there may be situations in which military personnel are deployed to assist civil authorities this normally only occurs in relation to situations where there is a grave threat to public security and safety or health. This was patently not the scenario that pertained in north Mayo."
Correspondence to Council of Europe below:
"The Rt Hon Terry Davis Secretary General Council of Europe Avenue de l'Europe 67075 Strasbourg Cedex
10/09/08
Dear Secretary General,
I refer to the ongoing controversy at Broadhaven Bay, North Mayo, Ireland where members of the local community are resisting attempts by the Irish government and the multi-national Shell Oil Company to site an onshore gas facility and pipeline. The community opposition is based on environmental and safety grounds.
Although the protests in the area have attracted International interest and support they are fairly low key (in terms of numbers), being confined to local people with some ad hoc outside support.
The Celtic League was extremely concerned to learn therefore that military forces had been deployed to the area to assist in the 'policing of the protests'.
Whilst we accept that there may be situations in which military personnel are deployed to assist civil authorities this normally only occurs in relation to situations where there is a grave threat to public security and safety or health. This was patently not the scenario that pertained in north Mayo.
The Irish governments Department of Defence told us earlier this month:
"The Defence Forces pursuant to their role of providing aid to the civil power, assist the Gardai as required. A Naval Service vessel was deployed to Broadhaven Bay in early September 2008 in response to a request for aid to the civil power from the Gardai."
Earlier the Minister for Foreign Affairs in Ireland said of the deployment:
"I have been informed by that Department that the LE Orla (the naval vessel involved) was deployed to the area" as "an Aid to the Civil Power request from An Garda Siochana"
The Celtic League is aware that the Council of Europe body which monitors policing, the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT), has produced standards (THE CPT STANDARDS) which emphasise the need for law enforcement officials to be adequately trained. These principles are set out in Section VIII of the CPT Standards Page 80 paragraphs 59 and 60.
However, neither the Council of Europe nor the CPT seem to have addressed the human rights issues raised by the deployment of military forces or paramilitary police in situations where they are required to assist the civil power.
To return to the situation of the north Mayo protests. We feel it is unfortunate that the Irish government chose to deploy military personnel in circumstances where legitimate protest of a non violent nature was being used. It is clear that in the course of these protests civilians could have been detained by military personnel acting to assist the Irish police. Any persons detained would also have been required to be held in temporary custody prior to transfer to permanent custodial accommodation.
It is clear that the military personnel were neither trained nor resourced to fulfil this role and it is of grave concern that no COE guidance to deal with such a situation is available.
I urge the Council of Europe to take steps to ensure that regulation/agreement is reached with member States to ensure that the facility to utilise military personnel to assist the civil power is not abused And where such facility is required as part of paramilitary assistance to law enforcement then the military personnel are required to be trained as per Section VIII of the CPT standards.
I will be copying this letter to the Irish government and also to the CPT. In addition to the scenario outlined above in relation to military deployment I understand that a number of demonstrators have been detained for short periods during these protests. I would trust that the CPT will, on its next visit to Ireland, raise the circumstances of any detentions, the manner in which people were treated, and the conditions in which they were held with the Irish authorities.
Yours sincerely,
J B Moffatt (Mr)
Director of Information Celtic League
Cc
An Taoiseach Brian Cowen The Minister for Justice, Equality and Law Reform Dermot Ahern TD The Minister for Defence Willie O Dea TD Secretariat CPT"
Correspondence from Department of Defence about the deployment below:
"7 October 2008
Mr. Rhisiart Tal – e – bot General Secretary Celtic League
Dear Mr. Tal-e-bot,
I wish to refer further to your recent e-mail regarding the presence of the Irish Navy in Broadhaven Bay.
The mission of the Department of Defence and Defence Forces, as set out in the Strategy Statement 2008 - 2010, is to provide for the military defence of the State, contribute to national and international peace and security and fulfil all other roles assigned by Government. One of the associated high level goals is to contribute to on-island security and stability by providing, on request, aid to the civil power, aid to the civil authority and other emergency and non-emergency services.
The Naval Service provides the maritime element of the Defence Forces and has a general responsibility to meet contingent and actual maritime defence requirements. The primary responsibility for the maintenance of law and order rests with An Garda Siochana. The Defence Forces pursuant to their role of providing aid to the civil power, assist the Gardai as required. A Naval Service vessel was deployed to Broadhaven Bay in early September 2008 in response to a request for aid to the civil power from the Gardai.
I trust the foregoing addresses your concerns.
Yours sincerely,
Kathleen McAuliffe
PRIVATE SECRETARY MINISTER FOR DEFENCE
Link to earlier responses from Department of Justice and Department of Foreign Affairs below:
The CPT STANDARDS (see section VIII Page 80 paragraphs 59 and 60) link below:
J B Moffatt
Director of Information Celtic League
10/10/08
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