The Challenge
The Government of Ireland lodged an application with the European Court of Human Rights in respect of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023. The Irish Government will argue that the guarantee of immunity from prosecution is contrary to Articles 2 and 3 European Convention on Human Rights (ECHR). Further, that the replacement of mechanisms for information recovery with the newly established Independent Commission for Reconciliation and Information Recovery (ICRIR) is contrary to Articles 2, 3, 13 ECHR. Finally, that preventing the initiation of new civil actions and the continuation of actions not commenced before May 2022 is contrary to Article 6 read alone and in conjunction with Article 14 ECHR.
The NIHRC has applied to the European Court for leave to intervene.
Human Rights engaged
Article 2, 3, 6, 13 and 14 European Convention on Human Rights (ECHR).
Current status
A decision on the NIHRC’s application to intervene has yet to be made.