Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January-June 2007 publication of the Bill in March, the Law Society and individual lawyers called for its adoption to be postponed until it could be fully debated. The Irish Human Rights Commission (IHRC), an independent body established by statute, also criticized the limited time-frame within which the Bill was being brought forward, stating that “[d]esire to change the law should be balanced by the need to discuss, analyse and reflect on provisions which involve a significant restriction of long established rights”. The Act extends the categories of offences in relation to which people may be held in police custody without charge for up to seven days. The IHRC expressed “doubt as to the rationale behind reform in this area”, and concern that, in this respect, implementation could lead to violations of Ireland’s obligations under the European Convention on Human Rights and the International Covenant on Civil and Political Rights. The Act extends the circumstances in which a decision on the part of individuals who have been charged with a criminal offence to exercise their right to remain silent could result in adverse inferences being drawn against them, and does not incorporate the IHRC’s proposal that any such drawing of inferences should be made conditional on the accused having been advised by a solicitor. The Act also includes provisions requiring an individual charged with certain serious offences to supply a written statement as a precondition to being granted bail. The IHRC considered that these provisions raise serious concerns as to the right to liberty and the principle of the presumption of innocence, and expressed concern that certain information demanded in this statement, for instance as to the source of the individual’s income and the individual’s possession of assets, does not have a direct bearing on those factors which are of relevance in a decision to grant bail – that is, the likelihood that the individual will attend court to stand trial, will attempt to interfere with witnesses or will commit offences while on bail. Amnesty International 63 Policing The case of John Carthy (update to AI Index: POL 10/001/2007 – Ireland) Having reviewed the 2006 findings of the Tribunal of Inquiry (the Barr Tribunal) into the fatal shooting of John Carthy by the Garda Síochána (police) Emergency Response Unit (ERU) at Abbeylara, County Longford, in April 2000, the Garda Síochána Inspectorate published a report on so-called ‘barricade incidents’ in March. The report defines ‘barricade incidents’ as “situations in which persons secure themselves at a location, with or without hostages, and are perceived to present a threat to themselves or others”. Amongst the recommendations in the Inspectorate’s report were: that An Garda Síochána should develop protocols on responding to and investigating barricade incidents; that special training should be given to on-scene commanders; and that access to equipment to enhance the safety of the police should be improved. It recommended the establishment of a roster of mental health professionals to work with Garda Síochána Negotiation Teams during siege situations, and the development of protocols and training in this area between the Garda Síochána and the Health Service Executive. In its report the Inspectorate also supported a proposal by the Garda Commissioner to provide the ERU with conductive energy devices (‘tasers’) as a “less lethal” alternative to firearms. In 2002, the Garda Síochána introduced three “less lethal” options – bean-bag cartridges, 12Gauge OC (more commonly known as pepper spray) cartridges and Mark 9/12 OC aerosol projectors. These are currently available only to the ERU. While noting concerns about the use of these devices in terms of their safety, the Inspectorate concluded that the Garda Commissioner was “taking a measured approach in recommending their procurement for use by the ERU in defined circumstances”. It recommended that any extension of the AI Index: EUR 01/010/2007