Euro court ruling over anti-terror law

The European Court of Human Rights in Strasbourg

The Irish government is studying the implications of a European Court of Human Rights ruling that parts of its main anti-terrorist law compromise the right to a fair trial.

On Thursday, the court declared that three men jailed in the 1990s for failing to account for their movements, should each receive £4,000 Irish punts damages and a total of more than £20,000 Irish punts in costs.

Anthony Heaney, William McGuinness and Paul Quinn all served six months in prison under the terms of the 61-year-old Offences Against The State Act after being arrested as IRA suspects.

The legislation, originally introduced at the start of the Second World War - known as "the emergency" in the Irish Republic - was reactivated in the early 1970s to deal with the then-developing disturbances relating to Northern Ireland.

Strasbourg ruling

It is currently being reviewed in Dublin in line with a pledge made by the Irish government in the 1998 Good Friday Agreement on Northern Ireland.

Mr Heaney and Mr McGuinness unsuccessfully challenged their jailing at Dublin's anti-terrorist Special Criminal Court in the Irish High Court and Supreme Court before taking their cases - together with Mr Quinn - to the European Court of Human Rights in Strasbourg.

The Strasbourg ruling made - that the three men did not have fair trials or enjoy the presumption of innocence - was welcomed on Friday by the Irish Council for Civil Liberties.

Solicitor Michael Farrell, a member of the council, who represents Mr Quinn, said: "Effectively this means that section 52 of the Act cannot be used any longer in the Irish legal system.

"The Irish courts could ignore this. But if they did, case after case would go to Strasbourg.

"There is now pressure on the review committee to bring out its report. There are other provisions of the Offences Against the State Act that are equally vulnerable to a Strasbourg decision."

Sinn Fein's only TD, Caoimhghin O'Caolain has also called on the Irish government to remove the anti-terrorist legislation.