Fiosrú to face legal action over lack of Troubles probes

Legal action is being taken against the Garda Ombudsman Fiosrú over a lack of investigations into Troubles incidents.

The legal action has been initiated against Fiosrú by the son of Martin Doherty, who was murdered by loyalist terrorists in a gun attack at Widow Scallan's Pub House on Pearse Street in Dublin in 1994.

Martin Farrell said despite extensive engagement with garda authorities and complaints later submitted to the ombudsman, including identifying potential suspects, no meaningful investigative outcome has ever been delivered.

Legal action has also been initiated against Minister for Justice Jim O’Callaghan and Attorney General Rossa Fanning over the State’s "continuing failure to establish any effective, independent mechanism capable of investigating Troubles-related complaints concerning garda misconduct, investigative failures and systemic accountability issues".

The pre-action letters contend that Fiosrú has "historically declined to investigate, relying on rigid statutory limitation rules", while its counterpart in Northern Ireland accepted the complaint but its probe was terminated following the former UK government’s Legacy Act.

They also set out that "no Irish body has accepted responsibility" for investigating garda-related allegations arising from Troubles-connected incidents, resulting in an "investigative vacuum which continues to the present day".

Fiosrú has been asked to address its "obligations" under Article 12 of the European Convention on Human Rights.

Solicitors say left with 'little option'

Solicitor Kevin Winters of KRW Law said they were left with "little option" but to send the pre-action correspondence.

He said while the former GSOC said it had no remit to look at historic complaints, hopes had been raised when Fiosrú was set up to replace it in 2025 that it would "fill this investigative void".

He said: "However, to date that hasn’t happened.

"The inertia around investigating Troubles-related complaints against gardaí flies in the face of recent Irish Government pronouncements on co-operation with their British counterparts.

"It’s against this background that we were left with little option but to issue formal pre-action correspondence against Fiosrú, the Minister for Justice and the Attorney General."

Mr Winters said the legal action follows the publication of the paper Policing for Peace in 2024 which found there is currently no systematic legacy investigative processes in the Republic of Ireland, the Garda Ombudsman lacks the power to probe historic misconduct, and an independent Historical Investigations Unit is required.

"We say the Doherty case is a textbook example of the deficiencies identified in that report," he added.

Daniel Holder, of Belfast-based human rights group the Committee on the Administration of Justice, said it is "not an option to just have no independent mechanism to investigate these cases".

"It was long established as a requirement of human rights law that the police ombudsman in the north had to investigate allegations of human rights violations committed by the RUC," he said. "Police could not investigate themselves."

"This legal obligation stems from the ECHR, which is a cornerstone of the Good Friday Agreement and applies both north and south, the same duties apply. It’s not an option to just have no independent mechanism to investigate these cases," he said.

Joe O’Brien, of the Irish Council for Civil Liberties, added that it has "consistently warned that the Irish State is failing people who experienced human rights violations and miscarriages of justice".

He added: "Ireland has clear legal obligations to address and investigate these incidents.

"Yet, there are countless victims, survivors and families in Ireland who have never learned the full truth of what happened to them or their loved one, or seen justice done.

"The lack of any systematic legacy investigative processes in the south must be remedied.

"We have recommended and continue to campaign for the establishment of an independent Historical Investigations Unit which would allow for effective and independent investigations of these issues.

"The Garda Troubles Legacy Liaison Unit, set up this year, does not come close to fulfilling the state’s responsibilities under the European Convention of Human Rights."

Responding, a spokesperson for Fiosrú said it "has no comment to make".