The Irish Human Rights and Equality Commission (IHREC) has urged the State to scrap the Special Criminal Court (SCC), and to declare that the ordinary courts are adequate to secure the effective administration of justice, and the preservation of public peace and order.

The human-rights watchdog points to “significant human-rights and equality concerns” associated with the SCC, and the Offences Against the State Act (OASA) that established it and governs its operation.

IHREC has made the recommendation to the Government’s Independent Review Group on the Offences Against the State Acts, chaired by Mr Justice Michael Peart, (small picture), which is reviewing the legislation.

“Abolition of the SCC and the repeal of the OASA is the only viable solution to vindicate the rights of an accused to a fair trial,” the commission says in its submission.

Oversight committee

The human-rights body also proposes “significant amendments” to the SCC’s operation that it believes would be needed, should the Government decide not to abolish the court.

These include a new Oireachtas oversight committee, and a definition of what conditions should be met to allow for abolition and repeal.

“The extension of the Special Criminal Court to tackle organised crime has seen it evolve into an institution that is far removed from the circumstances it was established to address in 1972,” said chief commissioner Sinéad Gibney (pictured).

She added that Ireland’s criminal-justice system was capable of effectively confronting the problem of organised crime, without resorting to “a parallel criminal-justice system” that deprived the accused of their right to trial by jury.