The Irish Government has been urged to establish a Historical Investigations Unit (HIU) to investigate unresolved deaths and incidents or torture, including Troubles-related cases.
The recommendation is contained in a new cross-border report published by the Irish Council for Civil Liberties (ICCL) and Northern Ireland’s Committee on the Administration of Justice (CAJ).
The groups say that the establishment of the HIU will ensure Ireland meets its legal obligations in relation to historic human rights violations as well as miscarriages of justice.
The report further recommends that the Government establishes a system of robust and independent public inquiries and inquests, and an all-Ireland truth commission to examine conflict-related violations.
Among those involved in the launch of the report was Lucia O’Farrell, whose 23-year-old son was killed by a hit-and-run driver who should have been in jail at the time.
Shane O’Farrell, a law graduate, was killed while cycling in Co Monaghan in August 2011.
Claire McEvoy, acting co-director, ICCL, said that Ireland has legal obligations to address legacy human rights violations and miscarriages of justice.
“Case law from the European Court of Human Rights indicates that the State must not only prevent torture and loss of life, it must also act once an alleged violation has occurred by conducting investigations that are effective, prompt, thorough and transparent,” she said on Thursday.
“Yet, we have a litany of victims, survivors and families in Ireland who have never learned the full truth of what happened to them or their loved one, or seen justice done.”
Daniel Holder, director of CAJ, said: “The Irish Government has played a strong and important role in holding the British Government to account for obstructing proper legacy investigations in the north, most commendably by taking an inter-state case to Europe challenging the appalling Northern Ireland UK Legacy Act brought in by Boris Johnson’s Government.
“Before it was unilaterally ditched by the UK to make way for the Legacy Act, the 2014 UK-Ireland Stormont House Agreement was to set up new institutions to investigate the legacy of the conflict, including a cross-border information-recovery body.
“There are however significant gaps for historic investigations in the Irish government’s jurisdiction.
“We again recommend there should be an Historical Investigations Unit in the south, as was envisaged for the north under the Stormont House Agreement.”
The new report follows a private ICCL and CAJ roundtable event held last year with academics, survivors, family members and advocates as well as subsequent research by ICCL and CAJ.
Osgur Breatnach was wrongly arrested and convicted of the Sallins train robbery in 1976.
He was interrogated, detained and abused by state agents but has never received an explanation or an apology.
Speaking during a press conference on Thursday, he said: “Failure to hold independent public inquiries for the hundreds of prisoners tortured down the years, constitutes daily, ongoing, cruel and inhuman treatment by the Irish Government.
“It is in itself a breach of the UN Covenant Against Torture and contrary to the European Convention of Human Rights, both signed up to, and ignored, by the Irish Government.”
Margaret Urwin also attended the launch on behalf of Justice for the Forgotten, a group of bereaved families and survivors seeking justice for the Dublin and Monaghan bombings of May 1974.
She said it was “high time” that authorities put in place a mechanism for the investigation of legacy cases.
Ms O’Farrell said her son’s death merits investigation because there were “significant failings” by the state.
“13.5 years later, we still do not know the full details of how or why these failures occurred,” she added.
Darragh Mackin, partner at the Belfast-based law firm Phoenix Law, said: “This report is a timely reminder to the Irish Government that they must practice what they preach.
“We know from past experiences that when push comes to shove, the Government is not seen wanting in respect of taking action to ensure human rights compliance.
“It is now long past time for action, to ensure effective independent human rights compliant investigations for all those families affected.
“Human rights compliance cannot cease to exist at the border.”