The Gazette 1973

350 TRIALS IN SPECIAL CRIMINAL COURT Almost 350 people have been tried by the Special Crim- inal Court in Dublin in the first sixteen months of its operation, according to figures given by the Department of Justice in response to inquiries. imposed were from two weeks to twelve months. Eleven were convicted of larceny; sentences were from three years to five years.

Eight have been convicted under the Official Secrets Act, 1963, and their sentences varied from three months to three years. Smaller categories of offences were, for example, con- spiracy, of which six persons were convicted, and con- victions for false pretences, malicious damage, receiving stolen property, obstructing gardai, and escaping from prison, were numbered in ones and twos. Although there were very few convictions in these latter categories, it is these cases for the most part which have given rise to claims in some quarters that the Special Criminal Court is being used occasionally in non-political cases, because of the higher conviction rate there. The Court, which sits without a jury, has a panel of seven judges from which the tribunal of three is drawn. The present members of the panel are Justice O Caoimh of the Supreme Court, Mr. Justice Finlay, Judge Con- roy and Judge Ryan of the Circuit Court, Justice O Floinn, president of the District Court, and Justices Tormey and Carroll of the District Court. Last January, Mr. Justice Finlay replaced Mr. Justice Griffin, who had up to then presided at most of the trials in the Special Criminal Court. The Irish Times (10 October 1973) Where in the initial hearing a year ago Sir Peter walked across the floor and congratulated Mr. Tom Finlay (now Mr. Justice Finlay) for his brilliant eluci- dation of points of law in the Irish case, the mood this week has been very different indeed. But then the first hearing was only concerned with the admissability of the Irish case. Britain, it is understood, is endeavouring to avoid at any cost the embarrassment of a team of Commissioners arriving in the North to investigate things on the spot, especially the conditions in Long Kesh and also the charges that detainees were tortured in the course of interrogation. Mr. Costello conceded nothing in ten hours of legal arguments this week. He has driven every point home with ruthless ability. The bi-partisan policy between the Coalition Government and Fianna Fail in fighting this case on the fundamental issues of the right of the individual to a fair trial, and the basic issue of intern- ment itself is evident in the support being given to Mr. Costello by his second in command, Mr. Tony Heder- man, S.C., who was a member of the team at the initial hearing under Mr. Colm Condon. Britain is now mounting a strong offensive aimed at pressurising the Commission of Human Rights in Stras- bourg to force the Irish Government into an early settlement of the inter-State case arising from intern- ment and the torture of detainees in the North. The powerful weapon that Britain is using is to threaten the Commission that it may, at worst, not renew its ratification of the Convention of Human Rights when it comes up for renewal next January. 227

Up to the end of last August, the Court—which was set up in May of last year—had convicted 249 persons and acquitted 100. The category in which most convictions occurred was firearms offences. A total of 84 people were convicted for offences in this category, and they received sentences varying from three weeks to five years. There were 39 convictions for explosives offences, and sentences in these cases ranged from four months to eight years. In the same period, to the end of August, 34 people were convicted of membership of an unlawful organisa- tion and their sentences varied from three months to fifteen months. (It is apparent from reports of various cases that the Court has gradually increased the severity of sentence for this offence, from a point around the start of its operations when the usual term was six months, to the present practice of imposing a year or fifteen months.) Eighteen persons were convicted of armed robbery with aggravation, receiving variously from eighteen months to ten years imprisonment. There were 18 convictions for assault also, and sen- tences have been from six months to seven years. Ten persons were sentenced for incitement and the terms

Strasbourg: No friendly deal is likely lhe prospects of an early, friendly settlement in the Ireland v Britain case have receded sharply. The British Attorney-General, Sir Peter Rawlinson, will make a last-ditch effort here today to try to prevent the Com- mission of Human Rights proceeding to the stage where evidence will be taken from key witnesses in the North and the torture charges are investigated on the ground. The Attorney-General, Mr. Declan Costello, has now, it is understood, made it clear to the Commission that Ireland will not agree to any settlement unless Britain admits that there were breaches of the Convention of Human Rights in the Six Counties, especially in rela- tion to torture and that the individual who was tortured will be fully compensated.

Mr. Costello now wants Britain to come forward with concrete proposals this morning that will guarántee there would be no repetition in the North of the breaches of the Convention. Only in the event of guar- antees of this nature will an early settlement be on the cards. The Commission meets early this morning to try and devise proposals that will break the deadlock. Then, at midday, there will be another open session involving the Irish and British teams. Everything could hinge on this session. The British Attorney-General is reported to be very unhappy at the way things are going and at the very determined stand being taken by the Irish team. He looked grave and pre-occupied as he left the Human Rights building here last evening. The cut and thrust of the legal arguments between Sir Peter and Mr. Costello over the past four days have been described as "rough" and "unrelenting".