The Gazette 1967/71

In failing to provide an opportunity for a full debate in the Dail on this issue the Government had belittled the parliamentary process, the association said. The following is the text of the association's statement: "One of the aims of this association is the up holding of the Rule of Law. Any exercise of arbitrary power by the Executive or any by-passing of the courts of law and the ordinary legal pro cesses is a derogation from the Rule of Law. Only the gravest threat to the safety of the nation could justify such a course. This country has accepted that view by adhering to the European Convention of Human Rights which prohibits detention with out trial save "in time of war or other public emergency threatening the nation." Although we concede that a full evaluation of the situation is amatter for the Executive, acting on the infor mation placed before it, we consider it essential to ensure that the public have confidence in that evaluation. The public should be satisfied that the Executive's decision is bona fide, arrived at only after the most careful consideration of definite and reliable information. We do not believe that the public is so satisfied at present. "In failing to provide an opportunity for a full debate in Dail Eireann on this extremely impor tant issue, the Government have belittled the Par liamentary process. We appreciate that the infor mation furnished to the Executive by the Depart ment of Justice is such as cannot be disclosed to the general public. However, there cannot in our opinion, be any valid reason to prevent the full disclosure of that information to the leaders of the other Parliamentary parties. We strongly urge that this be done. "The association considers that there have been several instances during the past 18 months where the Government seemed to be reluctant to utilise the normal process of the law. No sufficient cause emerged on these occasions, and we believe that these instances have caused considerable public disquiet. "For several years this association have been making strong representations to the Department of the Taoiseach about defects and anomalies in the Offences Against the State Acts. We regret that the Government have shown no interest in such representation. In the light of its present action, it would be distressing to feel that this in difference represents the Government's present attitude to civil liberty." (Irish Times, 12th December, 1970).

BASQUES AWAIT VERDICT OF COURT DEPLORED BY JURISTS While a tense Spain awaited the verdicts in the military trial of the 16 Basques accused of mur der and other acts of sabotage, the International Commission of Jurists called on the Spanish authorities to reject the prosecution demand for death sentences and to investigate the allegations of torture made by the defendants. Mr. Sean MacBride, the retiring Secretary- General of the Commission, in a statement in Geneva, pointed out that in September he had been given a personal assurance by the Spanish Minister of Justice, Senor Antonio de Oriol that any allegations of tortures anywhere in Spain which came to the Commissions attention would be investigated by the Spanish Government and, if substantiated, punishment meted out to those responsible. The Commission, deploring the continued use of military tribunals for political offences, instead of civil courts, also emphasised that the law under which the defendants were tried was the former decree on banditry and terrorism. This "treats political prisoners as ordinary bandits and makes them guilty of the irrelevant crime of military rebellion", he said. The Commission says that among the deplorable features of the trial were the refusal of the tribunal to allow the defence lawyers to argue the prelim inary legal submissions, the refusal to allow the defendants and their lawyers to present their case properly, the handcuffing of the defendants in open court, and the admission by the court of the alleged confessions—while refusing to investi gate defence allegations that these were obtained under torture. (Irish Times, 12th December, 1970) Note: On 28th December, 10 of the Basques were sentenced to a record total of 316 years imprisonment. Six of the accused were condemned to death, but these sentences were subsequently commuted by General Franco on 30th December to 30 years imprisonment each — grand total of 496 years imprisonment — an average of 31 years imprisonment for each accused. EUROPEANS AGITATED OVER KIDNAPPING The Council of Europe has unanimously con demned the current personal attacks on diplomats 143