A Garda who was disciplined for writing to members of the Oireachtas about a member of the Chinese Falun Gong movement has appealed to the Human Rights Commission.
Garda Harry O'Mahony wrote to both the President of the Human Rights Commission, Dr Maurice Manning, and to individual members of it, following disciplinary action initiated against him. However, according to a reply to a Dáil question to the Minister for Justice, this was discontinued shortly before the question came up for answer.
The issue arose out of Garda O'Mahony, who is based in Garda headquarters in the Phoenix Park, writing a letter to each member of the Oireachtas in November 2001 about Mr Zhao Ming, a Falun Gong practitioner and Trinity College student, who was jailed in China. He was later released and returned to Ireland after an intervention by the Taoiseach, Mr Ahern.
Garda O'Mahony's letters were intercepted and resulted in the initiation of disciplinary action. In his Dáil reply last month, the Minister for Justice, Mr McDowell, said: "I understand that the disciplinary proceedings have been very properly discontinued. I am also assured by the Garda authorities that there is no question of the member involved being victimised."
Garda O'Mahony wrote to an internal Garda journal, called Communique, which is edited by a Superintendent, and he was cautioned for contacting a superior officer without permission from his immediate superior.
He has asked the Human Rights Commission to investigate these incidents, claiming breaches of his human rights.
While there is a prohibition on members of the Garda Síochána engaging in political activity, it is unlikely this would be interpreted to include the expression of concern about human rights violations. The question of proportionality also arises - whether his attempt to communicate with members of the Oireachtas ought to have been the cause of disciplinary action at all.