2014-11-28 ยท Derry
"Hooded men" take action against Government over controversial court of human rights judgement
Mr Justice Nicholas Kearns adjourned an application brought by a group of men known as "the hooded men" to Monday afternoon, where the court will hold a "telescoped" hearing treating the applications to hear the full action and permission to bring the case as one. The applicants, including Kevin Hannaway, Francis McGuigan, Jim Auld, Patrick McNally, Gerard McKerr, Liam Shannon, Michael Donnell, Brian Turley, Joe Clark, Paddy Joe McClean, Tony Shivers, and Pat Shivers (deceased), seek a court order compelling the Irish Government to decide whether to apply to the European Court of Human Rights (ECHR) to revise its 1978 judgment. That judgment found the sensory deprivation techniques used against them in 1971 constituted inhuman and degrading treatment but not torture. The men allege that new evidence, revealed in an RTE programme, shows the medical evidence provided to the ECHR was deliberately misleading. They argue the Government's failure to make a decision is unreasonable and contrary to constitutional and natural justice. Counsel warned that the ECHR's strict deadline for seeking revision expires on December 4th. The matter was adjourned and is not concluded. Francis McGuigan and Kevin Hannaway attended the hearing, describing the 1978 ruling as "a nonsense" and stating they remain affected by the trauma.