26 December 2015
Sunday Independent – 'Sinn Féin in pretty esteemed company when we call for the abolition of the Special Criminal Court'
● Pádraig Mac Lochlainn TD – Irish Council for Civil Liberties recently said the Special Criminal Court in peacetime “flouts the rule of law” and “is a violation of Ireland's international legal obligations”
THE Sunday Independent is surveying all Sinn Féin members of the Oireachtas for a news article which will feature in this Sunday’s newspaper.
They have asked us the following question with a deadline of today [Saturday] to respond:
Do you accept the rulings of the Irish justice system up to and including the Special Criminal Court, High Court and Supreme Court?
I am publishing my response in full on this page just in case there is a failure to ensure that their reportage on Sinn Féin is not of the usual fair and balanced style that we have come to expect of that publication.
Dear –––
Thank you for your email and question.
I am happy to confirm that I and my party of course support the rule of law as best defined by the World Justice Project, in which the following four universal principles are upheld:
1. The government and its officials and agents as well as individuals and private entities are accountable under the law.
2. The laws are clear, publicised, stable, and just; are applied evenly; and protect fundamental rights, including the security of persons and property.
3. The process by which the laws are enacted, administered, and enforced is accessible, fair, and efficient.
4. Justice is delivered timely by competent, ethical, and independent representatives and neutrals who are of sufficient number, have adequate resources, and reflect the make-up of the communities they serve.
Therefore, we have repeatedly opposed the use of the Special Criminal Court, particularly over 17 years after the Good Friday Agreement.

We are not alone in our serious concerns about the use of the Special Criminal Court and the denial of the right of every citizen to be presumed innocent until proven guilty, tried by a jury of their peers and to have the laws of the land applied equally to them.
We note that the Irish Council for Civil Liberties recently stated that the use of the Special Criminal Court in peacetime “flouts the rule of law” and “is a violation of Ireland's international legal obligations”.
As you may know, the United Nations Human Rights Committee has repeatedly identified the Special Criminal Court as being in violation of Ireland's legal obligations under international human rights treaties and called for its abolition.

The former President of Ireland and United Nations High Commissioner for Human Rights, Mary Robinson, has repeatedly conveyed her concerns about the use of the Special Criminal Court over the years.
So our party are in pretty esteemed company when we call for the abolition of the Special Criminal Court.
I assume that the editorial position of your newspaper group is to support the continued use of the Special Criminal Court but surely you have a journalistic responsibility to present the arguments on either side.
I note that your newspaper group gave extensive coverage to Alan Shatter, the former Minister for Justice, when he bizarrely asserted that, due to Sinn Féin' s call for the abolition of the Special Criminal Court, we are “not fit for Government”.
Your newspaper group also referred to the former Justice Minister as being “known for taking a stand against criminals during his tenure”. Are you serious?
Was “taking a stand” presiding over a 10% cut or 1,500 in Garda numbers and the closure of 139 Garda stations?
Was “taking a stand” cutting funding to the Courts Service by a massive 41% at a time when court sittings had risen by 10%?
I look forward to your feature in the Sunday Independent that no doubt will cover in full the concerns of the United Nations Human Rights Committee, the Irish Council for Civil Liberties, Mary Robinson, Sinn Féin and many others about the continued use of the Special Criminal Court.
But, just in case, I will publish my response in full on social media.
Kind regards,
PÁDRAIG Mac LOCHLAINN TD
Donegal North East
Sinn Féin Spokesperson on Justice and Equality
Follow us on Facebook
An Phoblacht on Twitter
Uncomfortable Conversations

An initiative for dialogue
for reconciliation
— — — — — — —
Contributions from key figures in the churches, academia and wider civic society as well as senior republican figures




