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Thursday, February 7, 2013

Civil Authorities

courteous Authorities

During 1971, at what we now know was an early item of open strife between the communities in Union Ireland, the ire increased the ferocity of its campaign of violence in Northern Ireland. Early in August, the government of Northern Ireland, after consulting with the UK government, heady to exercise the power of reposenment available to it under the Civil Authorities (Special Powers) Act (Northern Ireland) 1922. The power did not survive into the terrorist act Act 2000; see ch 26.On the internments in 1971-6, see R J Spjut (1986) 49 MLR 712 This power could be used against persons suspected of having acted or being about to act in a expression prejudicial to the preservation of peace or the maintenance of order.

The security measures forces saw in internment an opportunity of obtaining fresh wisdom about the IRA. Fourteen detainees were interrogated in depth. The procedures of interrogation included retentivity the detainees heads covered with black hoods; subjecting them to continuous and monotonous noise; depriving them of pause; depriving them of food and water. It was later held by a committee of enquiry that these procedures constituted physical ill-treatment. Cmnd 4823, 1971 (Compton Report).

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In November 1971, after these facts had been established, three fanny Councillors were asked to consider whether the procedures currently authorised for interrogating persons suspected of terrorism needed to be changed. They produced both motifs - Cmnd 4901, 1972 (Parker Report). This report did not express any view on the legality of the interrogation procedures, but stated that valuable instruction about the IRA had been discovered through the interrogation. The minority report, by Lord Gardiner, a former Labour Lord Chancellor, held that the interĂ‚¬rogation procedures had never been authorised:

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