ABSTRACT

In a sense, the Northern Ireland story is unique because it resulted in a precedent setting inter-state application by the Irish state against the United Kingdom to the regional human rights machinery at Strasbourg, France. Modern normative thinking on the distinction between torture, and cruel, inhuman, and degrading treatment stems from the European Commission of Human Rights and the European Court of Human Rights’ consideration of the effects of the systematic application of these 5 ­techniques on 14 individuals – the ‘hooded men.’ In addition, establishing these historical threads casts new light on the European Court jurisprudence, first, by piecing together the specific lines of authorisation and providing a detailed analysis on the execution of the operation. Furthermore, it was understood, prior to the Northern Ireland operation that such a systematic psychological attack could result in psychotic episodes, overwhelming pressure, and mental breakdown.