ABSTRACT
The Irish State has a clear obligation rooted in human rights law to prevent torture and ill-treatment in police custody. It is widely recognised that independent inspections are the most effective way of preventing ill-treatment. In Ireland, there is currently no independent oversight body with a statutory mandate to inspect places of garda detention. Visits from the Council of Europe Committee on the Prevention of Torture and recent own-volition inspections by the Garda Inspectorate indicate that there are shortcomings in the care of those in custody. Ireland has not yet ratified the Optional Protocol to the UN Convention against Torture (OPCAT) which would mandate the creation of a National Preventive Mechanism, a mechanism specifically designed to inspect all places of detention in Ireland. In 2022, Government published a Bill called the Inspection of Places of Detention Bill, intended to pave the way for ratification of OPCAT but falling short of full compliance with the treaty. This chapter examines the gaps in the current oversight regime of An Garda Síochána and outlines what will be necessary for the Inspection of Places of Detention Bill to fully comply with OPCAT.
