Human Rights in Irish Prisons

Ireland is bound by several international instruments in the area of prisoners’ rights and penal policy and the ongoing reform in the Irish prison system means that the time is opportune to consider the extent to which these legal obligations are currently met and to evaluate what needs to be done to ensure greater compliance. The aim of this article is thus to examine Ireland’s record in prisoners’ rights against international standards and to determine where reform needs to take place in order to ensure full respect for the rights of prisoners in Irish law, policy and practice.

“They might as well be walking around the inside of a biscuit tin”: Barriers to Employment and Reintegration for ‘Politically Motivated’ Former Prisoners in Northern Ireland

The prisoner provisions under the Northern Ireland Peace Agreement clearly emphasised the importance of the reintegration and civic inclusion of ‘politically motivated’ former prisoners; however, numerous barriers to full reintegration remain. Even though these prisoners were released as part of a peace process, based on principles of conflict transformation and reconciliation, there were still The prisoner provisions under the Northern Ireland Peace Agreement emphasised the importance of the reintegration and civic inclusion of ‘politically motivated’ former prisoners; however, numerous barriers to full reintegration remain. Notwithstanding the fact that these prisoners were released as part of a peace process, based on principles of conflict transformation and reconciliation, there were still numerous conditions placed upon them as part of their release process and they continued to hold a ‘criminal’ record upon release. As with ‘ordinary’ ex-prisoners, these ‘politically motivated’ former prisoners have subsequently faced numerous obstacles in their attempts to reintegrate back into society, particularly in the area of employment. Recognising that they needed to deal with the consequences of imprisonment, ‘politically motivated’ former prisoners formed numerous self-help organisations to assist in the reintegration process and have mobilised to lobby for protection against the discrimination and unequal treatment experienced by ex-prisoners seeking employment. This article explores the remaining barriers to employment for ‘politically motivated’ former prisoners and the consequences of these barriers. The article moves to assess how prisoner groups have subsequently used a ‘rights based’ discourse to engage local government in their struggle to overcome existing obstacles before finally concluding that any piecemeal attempt to remove barriers to full reintegration will only impede the longer term conflict transformation process in Northern Ireland.

From Conflict to Peace?:The Rights Abuses of Women and Girls in Northern Ireland

This article is based on primary research conducted by the authors in Northern Ireland in Mourne House women’s unit at Maghaberry Prison in 2004 and in Ash House women’s prison unit in Hydebank Wood Young Offender Centre from 2005-2006. It explores the imprisonment of women in prison in the context of a society slowly and unevenly emerging from violent conflict and against a backdrop of the global rise of women’s imprisonment over the past two decades. The history of the gendered punishment of politically motivated prisoners is explored, followed by discussion of the findings of primary research in Mourne House women’s unit and, following its closure, in Ash House. The conclusion analyses how women’s prison experiences in the North contribute to an understanding of the contested terrain of agency and resistance. Finally, the article explores the potential for, and barriers, to change within women’s imprisonment in Northern Ireland.

Out on the Inside: The Rights, Experiences and Needs of LGBT People in Prison

Lesbian, Gay, Bisexual and Transgender (LGBT) people have long been a ‘hidden’ or overlooked population in prisons. In recent years, however, international research and policy has begun to focus on the experiences and needs of this group. This research has revealed a range of issues that affect LGBT individuals in prison. This includes heteronormativity, homophobia and transphobia both within and outside prison, the threat of physical and sexual violence within prison, institutional discrimination and neglect, health needs, and social isolation. Based on a review of international literature and primary research with representatives from the LGBT and criminal justice sectors, prisoners and former prisoners, this report represents the first study of the needs and experiences of LGBT prisoners within the Irish context.

No Sense of an Ending: Researching the Experience of Imprisonment and Release upon Republican Ex-Prisoners

This article describes an interview-based study of the effects of long-term imprisonment upon 18 Republican ex-prisoners and their families. The interviews followed a biographical, narrative format, drawing from experience of psychiatric assessment of released long-term prisoners. Interpretation of the material was influenced by the sociological literature on imprisonment effects and war trauma. The ex-prisoners had spent an average of 11 years in custody. They described complex experiences of loss, psychological change and social integration, particularly in the area of employment. A decade after release some still had vivid difficulties in coming to terms with the losses of the past and finding purpose for the future. There were parallels between the experiences of this goup and those of war veterans returning home. There is insufficient recognition of these phenomena in previous research on the psychological effects of imprisonment.

The Effect of Human RIghts on Criminal Evidentiary Processes: Convergence, Divergence or Realignment?

This article examines the contribution which the European Court of Human Rights has made to the development of common evidentiary processes across the common law and civil law systems of criminal procedure in Europe. It is argued that the continuing use of terms such as 'adversarial' and 'inquisitorial' to describe models of criminal proof and procedure has obscured the genuinely transformative nature of the Court's jurisprudence. It is shown that over a number of years the Court has been steadily developing a new model of proof that is better characterised as 'participatory' than as 'adversarial' or 'inquisitorial'. Instead of leading towards a convergence of existing 'adversarial' and 'inquisitorial' models of proof, this is more likely to lead towards a realignment of existing processes of proof which nonetheless allows plenty of scope for diverse application in different institutional and cultural settings.