Sinéad Gibney

The human rights watchdog said the State should declare that the ordinary courts are adequate to secure the effective administration of justice and the preservation of public peace and order.

It said the move is necessary due to the significant human rights and equality concerns associated with the Special Criminal Court and the Offences Against the State Acts which established it and govern its operation.

The Commission has submitted its recommendations to the independent review group led by Mr Justice Michael Peart, which was established by the government earlier this year.

It sets out that the abolition of the Special Criminal Court and the repeal of the Offences Against the State Acts is “the only viable solution to vindicate the rights of an accused to a fair trial”.

The Commission has also set out proposals for amendments to the court should the government decide against abolishing it, including a new Oireachtas oversight committee and the definition of what conditions should be met to allow for abolition and repeal.

Chief commissioner Sinéad Gibney stated: “The extension of the Special Criminal Court to tackle organised crime has seen it evolve into an institution that is far removed from the circumstances it was established to address in 1972.

“Ireland’s criminal justice system is capable of effectively confronting the problem of organised crime without resorting to a parallel criminal justice system that deprives the accused of their right to trial by jury.

“The fundamental rights of individuals need to be carefully balanced against the rights of victims, national security concerns and the public interest in having an effective criminal justice system. Any restrictions or limitations of the rights of an individual must comply with the principles of legality, necessity and proportionality.

“The use of the Special Criminal Court has led to two criminal justice systems in Ireland, and subsequently has compromised the fundamental right of equality before the law.”