Ireland formalizes its complaint against the UK before the European Court of Human Rights over its Ulster dispute law

27 February 2023, Ireland, Dublin: Irish Prime Minister Leo Varadkar arrives before speaking to the media at government buildings in Dublin, following the announcement that European Commission President Ursula von der Leyen and UK Prime Minister Rishi Sunak have reached an agreement on Northern Ireland. protocol. Picture: Niall Carson/PAWire/DPA

Ireland's government submitted to the European Court of Human Rights the complaint it had already filed against the UK over the law aimed at prosecuting crimes committed in the context of the Ulster conflict, which Dublin had criticized for offering amnesty. To convicts in exchange for information. The Irish authorities consider that the law issued in September 2023 violates some of its sections of the European Convention on Human Rights, and that is why they are asking the European Court of Human Rights to rule under a mechanism that allows this type of litigation between states. In its preliminary arguments, Ireland argues that the UK may be violating the rights to life, a fair trial and effective reparations, as well as prohibitions on non-discrimination and torture and inhuman and degrading treatment, the court said in its report. statement. Among other issues, the Irish government is questioning promised immunity guarantees, a cap on bringing new civil actions, and replacing current information-gathering mechanisms with a new commission, according to the memo cited above. The controversial law will prosecute violent murders during a time of “the Troubles”, the euphemism for the conflict in Northern Ireland, which claimed more than 3,500 lives over three decades until the Good Friday Agreements were signed in 1998. It creates an independent commission They are responsible for examining deaths, although one of the most controversial points is that it includes an amnesty for all those who committed crimes during the conflict, but they are open to providing valuable information to those mentioned above. commission. This legislation, inspired by South Africa's Truth and Reconciliation Commission, prevents the opening of new cases or investigations in this regard, so all cases must go through the independent body Ireland questioned before the European Court of Human Rights.

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