IRELAND V THE UK AND THE HOODED MEN: A MISSED OPPORTUNITY?

Written by Dr Alan Greene, Assistant Professor at Durham Law School*

In Ireland v The United Kingdom, the European Court of Human Rights (ECtHR; the Court) in Chamber formation refused to revise its 1978 judgment regarding whether British security forces’ use of the so-called ‘five techniques’ of interrogation during the conflict in Northern Ireland amounted to torture under Article 3 ECHR.  In so doing, the ECtHR missed an opportunity to correct an historic wrong; one that has had a pernicious effect across the globe. In contrast, the dissenting judgment of Judge Siofra O’Leary strikes a more persuasive balance between legal certainty and the public interest in holding a state to account for ‘a serious violation of the European public order.’ Continue reading