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Human Rights and Policing in Ireland - Law, Policy and Practice (Hardcover)
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Human Rights and Policing in Ireland - Law, Policy and Practice (Hardcover)
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This book assesses the powers, practices, and processes of Garda
(Ireland's police force) for compliance with international best
practice in human rights standards. It offers a unique critique of
the law, policy, and practice on policing in Ireland from a human
rights perspective. The book is divided into four sections, with
Part I examining human rights and policing in general. It offers a
detailed and comprehensive account of human rights standards
applicable to key aspects of policing, such as: arrest * detention
* interrogation * the right of access to legal advice and medical
treatment * the taking bodily samples * stop and question/search *
entry, search, and seizure * surveillance * the use of informers *
the improper use of intelligence * public order * the use of force
* the treatment of victims * the treatment of ethnic minorities *
complaints * internal discipline * accountability to the law *
governance and democratic accountability * gender and diversity in
the composition of the police organization * the rights of police
officers with respect to trade union membership, political
activity, and disciplinary procedures. The human rights standards
on each of these aspects are extracted from international sources,
such as: the European Convention on Human Rights, the International
Covenant on Civil and Political Rights, the UN Basic Principles on
the Use of Force and Firearms by Law Enforcement Officials, the
Council of Europe's Code of Police Ethics, the reports of the
Council of Europe's Committee on the Prevention of Torture, the
jurisprudence of the European Court of Human Rights, and examples
of best practice from other jurisdictions. This is supplemented by
an account of relevant Irish human rights standards as extracted
from Ireland's Constitution, the common law, and legislation. On
each of these key aspects of policing, attention is drawn to how
and where Irish law falls short of international best practice and
what is needed to remedy the deficiencies. Part II offers a
structured and comprehensive account of the human rights concerns
that have affected policing in Ireland over the past decade or so.
It gives an overview of the human rights failings that have been
revealed by sources, such as: the Morris Tribunal of Inquiry into
events in Donegal * the Barr Tribunal into the fatal shooting of
John Carthy at Abbeylara * the Garda Siochana Complaints Board and
Ombudsman Commission * the European Committee on the Prevention of
Torture * judgments from Irish courts * the Ionann Human Rights
Audit on the Garda * investigative journalism. Part III offers a
critique of the Garda policies and processes that have been and are
being taken to address the human rights deficiencies outlined in
Part II. This includes an expert analysis of the internal
formulation and dissemination of human rights policies and the
monitoring of compliance with those policies and human rights
standards within the force. In Part IV, the book concludes with a
body of broad recommendations on the further actions that are
needed to ingrain human rights standards at the heart of all
aspects of policing in Ireland.
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