European Court orders Britain to pay damages to two republicans

The British government has been ordered to pay £11,000 sterling and £6,920 sterling in damages and costs to two republican suspects…

The British government has been ordered to pay £11,000 sterling and £6,920 sterling in damages and costs to two republican suspects detained in Castlereagh in 1985 and 1990 respectively.

The two men brought cases to the European Court of Human Rights at Strasbourg, alleging violation of their rights under the European Convention on Human Rights.

Their claims were partially successful.

Mr Gerard O'Hara of Sinn FΘin was arrested in 1985 on suspicion of murder.

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He was held and questioned for six days and 13 hours. He claimed, under Article 5.1 of the convention, that he was not arrested on reasonable suspicion he had committed an offence and he was not brought promptly before a judge.

His first claim was dismissed but the court found that the UK authorities had breached Article 5.3 and awarded him £11,000 sterling.

The court pointed out that in previous judgments it had found that detention periods of more than four days without bringing a suspect before a judge violated Article 5.3.

Mr Thomas Brennan was arrested on October 20th, 1990 in relation to the murder of a member of the Ulster Defence Regiment.

He was held in Castlereagh Detention Centre from October 21st to 25th and saw his solicitor for the first time on October 23rd. A police officer was present at the time.

He claimed his right to a fair trial was violated by the delay in access to a solicitor.

He made admissions on October 22nd, and was subsequently convicted of murder.

The Strasbourg court found that the authorities were only responsible for the first 24 hours of the delay in his obtaining access to a solicitor, and that he had made no incriminating admissions during this period. Therefore, the court found, his rights under Article 6.1 were not violated.

However, it found that the presence of a police officer during his interview with his solicitor on October 23rd did violate his rights, and awarded him £6,920 sterling.