Lawless v Ireland
Encyclopedia
Lawless v Ireland was the first international court case decision that involved the interpretation of international human rights law and the first one filed against a country. It was referred to the European Court of Human Rights
and the judgement by that court was its first.
The Case was filed by Gerard Richard Lawless, who had been an IRA
member, though he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain
from Ireland
, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no punishment without law' .
The Offences against the State (Amendment) Act 1940 was introduced by the Irish government as a response to a sabotage campaign
initiated by the IRA in January 1939. Lawless was an IRA member and had been arrested in 1956 after guns and other weapons were found in County Leitrim
; he was subsequently tried and acquitted, but later charged and convicted and sentenced to a month's imprisonment for possessing maps for attacks on British posts on the border between Ireland and Northern Ireland
, and possessing documents advocating guerilla attacks on British officials and property; however he was acquitted by the same court on the charge of being a member of the IRA. Lawless was detained under emergency legislation on his third arrest.
The Irish government's case was presented by the then Attorney General of Ireland
, Aindrias Ó Caoimh
while Lawless was represented by Seán MacBride
the human rights lawyer. The case was dismissed because emergency legislation was used.
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
and the judgement by that court was its first.
The Case was filed by Gerard Richard Lawless, who had been an IRA
Irish Republican Army (1922–1969)
The original Irish Republican Army fought a guerrilla war against British rule in Ireland in the Irish War of Independence 1919–1921. Following the signing of the Anglo-Irish Treaty on 6 December 1921, the IRA in the 26 counties that were to become the Irish Free State split between supporters and...
member, though he claimed to have left the IRA. He was arrested on 11 July 1957, as he was about to travel to Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
from Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
, and subsequently detained under the special powers of indefinite detention without trial under the Offences against the State (Amendment) Act 1940. The case was filed by Lawless for violation, by the Irish Government, of Articles 5, 6 and 7 of the European Convention of Human Rights, providing rights to liberty and security, fair trial and the principle of 'no punishment without law' .
The Offences against the State (Amendment) Act 1940 was introduced by the Irish government as a response to a sabotage campaign
S-Plan
The S-Plan or Sabotage Campaign or England Campaign was a campaign of bombing and sabotage against the civil, economic, and military infrastructure of the United Kingdom from 1939 to 1940, conducted by members of the Irish Republican Army . It was conceived by Seamus O'Donovan in 1938 at the...
initiated by the IRA in January 1939. Lawless was an IRA member and had been arrested in 1956 after guns and other weapons were found in County Leitrim
County Leitrim
County Leitrim is a county in Ireland. It is located in the West Region and is also part of the province of Connacht. It is named after the village of Leitrim. Leitrim County Council is the local authority for the county...
; he was subsequently tried and acquitted, but later charged and convicted and sentenced to a month's imprisonment for possessing maps for attacks on British posts on the border between Ireland and Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
, and possessing documents advocating guerilla attacks on British officials and property; however he was acquitted by the same court on the charge of being a member of the IRA. Lawless was detained under emergency legislation on his third arrest.
The Irish government's case was presented by the then Attorney General of Ireland
Attorney General of Ireland
The Attorney General is a constitutional officer who is the official adviser to the Government of Ireland in matters of law. He is in effect the chief law officer in Ireland. The Attorney General is not a member of the Government but does participate in cabinet meetings when invited and attends...
, Aindrias Ó Caoimh
Aindrias Ó Caoimh (Attorney General)
Aindrias Ó Caoimh , also known as Andreas O'Keeffe and Ayindries Ó Cuiv, was Attorney General of Ireland from 30 January 1954 to 21 June 1954, and again from 20 March 1957 to 15 March 1965. For the time between his terms, the position was held by Patrick McGilligan. He was President of the High...
while Lawless was represented by Seán MacBride
Seán MacBride
Seán MacBride was an Irish government minister and prominent international politician as well as a Chief of Staff of the IRA....
the human rights lawyer. The case was dismissed because emergency legislation was used.