Is Ireland guilty of allowing torture?

Andries van Tonder, APS Ireland

In brief
1. I believe that some matters heard in camera under the Child Care Act crosses the line from lawful sanctions to unlawful, making it torture. 2. I have been warned that I will face incarceration for contempt of court if I publish this document as it contains information that is protected under section 29 of the Child Care Act. Nevertheless, I do publish it as I believe that I am guilty of contravention of section 3.- (c) of the Criminal Justice (United Nations Convention Against Torture) Act, 2000, knowing about it and not making it public.

Lawful Sanctions
3. I did not find a legal definition in Irish law. What I did find is under American law and will use it in my argument. 1208.18 Implementation of the Convention Against Torture (a) (3) Torture does not include pain or suffering arising only from, inherent in or incidental to lawful sanctions. Lawful sanctions include judicially imposed sanctions and other enforcement actions authorized by law, including the death penalty, but do not include sanctions that defeat the object and purpose of the Convention Against Torture to prohibit torture. 4. The moment the Law places an obligation on the Health Service Executive and the Court and said obligation is ignored or refused in the Child Care action, said action is not lawful sanctionsany more. Some examples: 4.1. The Child Care Act S. 3-(2)(b), S.-24 and Child Care (Placement

of children in foster care) Regulations 1995 clearly place an obligation on the Health Service Executive and the Courts to regard to the rights and duties of parents, whether under the Constitution or otherwise a) The State recognises the Family... and the rights of the family. (See also Article 8 of the ECHR hereunder).

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b) The Constitution only authorises action In exceptional cases, where the parents for physical or moral reasons fail in their duty towards their children This also places an obligation on the state to ensure that the physical or moral aspect of the foster care placement should be an improvement to what the child did experience at home. c) The European Court on Human Rights has ruled on many facets of the family in child care cases and the Case Law is completely ignored. This ignorance removes the lawfulness of the sanction. 4.2. The lawfulness of any action and Orders under the Child Care

Act is removed when it is based on perjury and/or perversion. 4.3. The Child Care Act places numerous other obligations on the

Health Service Executive that are ignored in Child Care matters. This ignorance removes the lawfulness of the sanction. 4.4. There are clear written procedures in place to be followed.

Failure to follow procedure in child care matters removes the lawfulness of the sanction.

Severe pain or suffering, whether physical or mental

5. I do not think there is someone to persuade otherwise that a parent who loves his/her children, suffers severe mental pain if that child is wrongly removed from that parent. 6. There is also enough evidence of stress induced illnesses that develop in parents and some children, after the illegal removal of a child or children. 7. The suicides and mental certifications published in the press is less than one percent of what is actually happening.

Intentionally
8. If the relevant authority intentionally ignore and refuse documented obligations and said ignorance or refusal causes pain, the pain is intentionally inflicted.
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Reasons
9. Obtaining from that person, or from another person, information or a confession. 9.1. Parents are regularly coerced into making confession that they

abused their children. 9.2. On regular occasions parents are separately assessed and

coerced into confessing that the other one caused abuse of the child. 9.3. It is regularly reported that parents are in denial, not wanting

to confess therefore the punishment must continue. 9.4. In at least one case the social worker openly stated in evidence

in the District Court that the parents should be punished for not engaging with the social worker 10. punishing that person for an act which the person concerned or a

third person has committed or is suspected of having committed 10.1. In many cases the action starts when a parent has acted against

the will of the social worker referring to unjust or unreasonable demands 10.2. In many cases the mere non agreement with the beliefs of the

social worker initiates the removal of the children. Referring to just one example that was highlighted in court after playing a recording made secretly of social worker during her visit, she admitted that she had to teach them a lesson 11. 11.1. intimidating or coercing that person or a third person Parents are intimidated and coerced in different ways during

child care proceedings 11.2. 11.3. state. Parents are coerced into breaking up of marriages Parents are coerced in accepting that the child is lost to the

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Torture:
12. 12.1. 12.2. 12.3. 12.4. All the requirements to meet the definition of torture is met: severe pain or suffering intentionally purpose not lawful sanction.

Definition of torture (as amended) in the Act: torture means an act or omission done or made, or at the instigation of, or with the consent or acquiescence of a public official by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person (a) for such purposes as (i) obtaining from that person, or from another person, information or a confession, (ii) punishing that person for an act which the person concerned or a third person has committed or is suspected of having committed, or (iii) intimidating or coercing that person or a third person, or (b) for any reason that is based on any form of discrimination, but does not include any such act that arises solely from, or is inherent in or incidental to, lawful sanctions.

My question: Is this torture?

Even if despite this explanation the actions is seen not being torture, please refer to PART 1, Article 16 of the Criminal Justice (United Nations Convention Against Torture) Act, 2000, declaring other inhumane and degrading actions an offence. My problem, where in another act do I find it to be prosecutable and punishable? Several solicitors and barristers, at least one District Court Justice and one retired High Court Justice agrees that it is torture. If their opinion and my argument above is acceptable and it is torture then, according to the United Nations Convention Against Torture - Ireland is guilty of the following: (1)Article 2 by not having effective legislative, administrative, judicial or other measures to prevent acts of torture in any territory under its

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jurisdiction. Ignorance of legal obligations, perjury and perversion are allowed and not prosecuted when committed in Child Care matters. (2)Article 4 by not ensuring that all acts of torture are offences under its criminal law. It is clear that torture committed during in camera proceedings under the Child Care Act 1991 is excluded in practice. (3)Article 5 by neglecting to take such measures as may be necessary to establish its jurisdiction over the offences.. (4)Article 6. 1 by not taking into custody a person alleged to have committed any offence referred to in article 4 if that person is protected by the in camera rule. (5)Article 6.2 by not immediately make a preliminary inquiry into the facts (6)Article 10.1 by not ensuring that education and information regarding the prohibition against torture are fully included in the training of law enforcement personnel, civil or military, medical personnel, public officials and other persons who may be involved in the custody, interrogation or treatment of any individual subjected to any form of arrest, detention or imprisonment. (7)Article 10.1 by not including this prohibition in the rules or instructions issued in regard to the duties and functions of any such persons. (8)Article 12 by not ensuring its competent authorities proceed to a prompt and impartial investigation, wherever there is reasonable ground to believe that an act of torture has been committed in any territory under its jurisdiction. (9)Article 14 by not ensuring in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act
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of torture, his dependants shall be entitled to compensation. (10) Article 16 by not undertaking to prevent in any territory under

its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article 1, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.. Note: This document was drafted in March 2013 and circulated amongst knowledgeable persons for comment. The last edit was done on 04 July 2013 following comments and suggested edits received from legal eagles. Due to uniqueness in names, all being legal professionals, the people contributing cannot be named. They know who they are. Thank you.
See also document by the same author: http://www.aps.ie/education/20130401_Constitution_Child_Care_Act_v1.pdf

-oOo-

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All the undermentioned quotes confirmed by the author. Full particulars can be given if the in camera rule is lifted in said cases. Quote 1:

that serve those courts, such as social services, she continued. They should be there as the norm. If you have a specific exclusion, then you make it.

Quote 2: District Court Judge Somewhere in Ireland (case in camera) addressing parents challenging ex parte emergency care order evidence, granting interim care orders without a hearing and offences, including torture, by social workers: They are doing their work.. you are guilty until you can prove your innocence beyond reasonable doubt. Quote 3: District Court Judge - Somewhere in Ireland (case in camera) addressing McKenzie friend who challenged the judge to report offences committed by social workers, including torture, to the DPP: Is my name on the list? (of judges that report cases) I do not report it. He also refused to hear an application to lift the in camera rule to allow An Garda Sochna to investigate the offences. Quote 4: HSE solicitor to solicitor of parents,

not knowing that the father left voice recorder in his jacket pocket in the room when they (the parents) was asked to leave while the solicitors discuss the case: If you agree to adjournments you are assured of a regular income, they can afford it it is to our mutual benefit. (Recording given to State Solicitor nothing happened).

Quote 5: District Court Judge - Somewhere in Ireland (case in camera) addressing solicitor when she warned the child is at breaking point, wanting to go home, self harming and saying he would rather die than to stay in foster care: It is after 5. Do you expect me to hear evidence at this hour? Quote 6: Circuit Court Judge - Somewhere in Ireland (case in camera) addressing mother after she entered application to lift the in camera rule to have offences, including torture, rape, defilement, investigated by An Garda Sochna. What did the District Court Judge say? HSE solicitor answered that he refused to hear the application. Then I also refuse to hear it.

Judy Sheindlin (Judge Judy) said closed courtrooms protect two things bad judges and bad lawyers. They also protect bad institutions

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