We act for Mary McKenna, who is a daughter of Sean McKenna. Mr. McKenna was one of the “Hooded Men” who was subjected to ill-treatment contrary to Article 3 of the European Convention on Human Rights at the hands of members of the British Security Forces in 1971.
The treatment of Sean McKenna and the other men led the Irish Government to bring the UK Government to the European Court of Human Rights, which ruled in 1978 that Sean McKenna and the other men had been subject to inhuman and degrading treatment, but not torture.
Following a large number of documents being received by the Irish Government in 2014, which had not been disclosed by the British Government at the time of the original hearing, the Irish Government sought a revision of the original ruling made by the Court in 1978.
The request for revision of the Judgement was refused by the European Court of Human Rights, sitting as a Chamber on 20 March 2018. Following this refusal, there is a strict 3 month period in which Ireland may seek to refer this decision to the “Grand Chamber” which is composed of 17 Judges as opposed to 7 Judges. A decision has still not been made by the Irish Government, with the three month deadline running out on 20 June 2018.
Michael Halleron of Madden & Finucane said:
“In light of the Irish Government failing to make a determination, within a reasonable period of time, on whether they will appeal the judgement of the Court delivered on 20 March 2018 to the Grand Chamber, we have commenced judicial review proceedings in the High Court, Dublin today. The circumstances of the delay are such that if the Irish Government refuse to appeal the decision to the Grand Chamber, our client will be precluded from challenging this decision, by way of judicial review, prior to the three months running out.
“The case was before Judge Noonan in the High Court this afternoon and an application seeking permission for leave from the Court to challenge this delay will be heard on Wednesday morning. Due to the urgency of this matter, an expedited hearing will have to be listed to deal with the substantial issue as soon as possible.”