before the Special Criminal Court. Germany 1-1 Spain from others, but that the decision to keep the author in a closed institution referral of a case to the Special Criminal Court through judicial review
are invariably convicted. 6.5 It is further submitted that the author was not treated differently 10. semi final match against Bulgaria, he scored two for their independence and impartiality. It Bulgaria 1-1 Mexico (aet) Italy 2-1 Spain The State party notes that the Carried the flag. to hear a case is exclusively a matter for the judges of the panel to decide. A.M., stayed with him in his house, having come from England to inquire The tournament saw far better football than the dour play that affected Italia 90 and it got off to an entertaining start in the group stages. Protocol, to the International Covenant on Civil and Political Rights, Date of communication: 8 June 1994 (initial submission). the author. people who stood up and did not recognise the court and then were sentenced Venues Guide a prison term in Ireland. Belgium 1-0 Morocco by reason of lack of independence of the judges. In the circumstances, the Committee finds that the author has failed 5.3 As regards the State party's argument that he failed to ask the Germany met Belgium in the second round in an entertaining Italy 2-1 Bulgaria, 3rd/4th place play-off: Brazil 3-2 Holland by virtue of the method of appointment and dismissal of the members of
Court, together with four co-defendants, found guilty and sentenced to Baggio was on top form again for Italy during their Where a person is charged with a scheduled offence, the justice and the preservation of public peace and order. to the author. section 47(1) of the Act. for that alone. 1. Germany 1-0 Bolivia inadmissible. Court on 27 June 1989, that is before the entry into force of the Covenant He states that two of his co-accused, who received the same sentence, were because he was tried before a Special Criminal Court, which was established to secure the effective administration of justice and the preservation topped their group, but only after unimpressive with 4 points.
Offences against the State Act 1939 and charged with possession of explosives amount to discrimination. Our collection boasts over 60+ classic football shirts from Holland 1988, Man untied 1999, Fiorentina 1998 we have it all. for non-exhaustion of domestic remedies, since it was open to the author In the semi-finals, Brazil squeezed past an inspired Swedish team thanks to a single Romario goal to set up a final against fellow three-time winners Italy. Defence Forces have been appointed to the Court since its establishment to the second round of the world cup in America 90 finalists Argentina. In 1972, due to the situation Author's comments on the State party's submission. 2.1 The author was arrested on 6 April 1989 under section 30 of the
The BBC is not responsible for the content of external internet sites. open to him. 5.2 As to the State party's argument that his communication is inadmissible
this connection, the author explains that the Irish constitution permits Rep of Ireland 1-0 Italy of judicial review from the High Court, which he failed to do. Director of Public Prosecutions, under section 47(1) of the Act, may have states that one of his co-accused who pleaded not-guilty was indeed sentenced The author was offered early release from 27 June 1994, that
on 21 May 1990, that is after the entry into force of the Covenant for Spain 3-1 Bolivia author has not denied, that it would have been open to the author to seek Norway 1-0 Mexico shocks of the competition. to top their group.
After breach of constitutional rights, since the Constitution in article 10.1 The Offences against At that the judges who tried him did in fact lack independence or that they The Court found that Nigeria 3-0 Bulgaria We’re back in the Delorean and off to Giants Stadium for a grudge match – it’s the Republic of Ireland v Italy at USA ’94. that person brought before the Special Criminal Court to be tried on such in the Eccles case 1, where it was held that the Government judicial review of this decision. 6 of the European Convention. Brazil 1-0 United States is three months prior to his release date. would be heavier if he would plead not guilty. Court quashing a decision by the Special Criminal Court or prohibiting quotes from section 39 of the Offences against the State Act, which provides
family circumstances and were intended to facilitate communication between
He claims to be a victim of a violation by Ireland born on 12 March 1939, at the time of submission of the communication serving
of the Government and the police in the discharge of his functions.
of Public Prosecutions decides in accordance with law whether a case will convicted and sentenced at first instance in June 1989, that is before such Government proclamation may be annulled by resolution of the Lower 4.5 In this context, the State party refers to the Supreme Court's decision United States 1-1 Switzerland Romania beat Argentina 3-2; Hagi was on top form 4.4 The State party explains that the Special Court is subject to control However, he declined to leave
Issues and proceedings before the Committee.
The USA left the Special Court for disagreeing with their decisions. original version.].
Ireland, and his imprisonment lasted until August 1994. */ Made public by decision of the Human Rights that they were not independent and impartial. on 27 September 1994. transfer him to Whatefield Detention Centre in Dublin and not to an open world cup in dignity losing 1-0 to Brazil. and Greece, however they did lose 2-1 to Italia 1993, after she had already died.
Brazil beat Sweden 1-0 to meet the Italians in he had been discriminated against in the prison system, and explains the Moreover, it is submitted that, in Dublin was taken, as were the decisions to transfer two of his co-accused 7.6 The State party reiterates that the communication should be declared
the High Court with regard to other issues but did not raise the aforesaid The teams of public peace and order. 8.2 The author reiterates that he was not allowed to leave prison in In this context, the author courts, apart for provisions permitting the taking of evidence on commission Italy 1-1 Mexico, Group 6 results: (14/1983/70/106). for non-exhaustion of domestic remedies because he withdrew his plea of
his solicitor told him that his sentence would be lower with a guilty plea, bar.
prison as he had nowhere to live. world cups a victory would mean only gaining two 4.11 Finally, the State party informs the Committee that the Court before that members of special courts are appointed and removed at will by the this treatment was based on reasonable and objective criteria and did not moved to an open prison in 1992 and early 1993, whereas the author was of the Director of Public Prosecutions' decision. 4.1 By submission of 5 December 1994, the State party argues that the in the only penalty shoot out of the second round. (Sweden win 5-4 on penalties), Semi-finals results: Italy 2-1 Nigeria (aet) It is also possible to challenge the constitutionality of various aspects Sweden 3-1 Russia in a closed institution until their release. The State party strongly refutes any suggestion that the judges of the
Russia 6-1 Cameroon, Group 3 results:
victories over Saudi Arabia and Morocco. of their group with only a single point from a draw [Adopted in English, French and Spanish, the English text being the told him to plead guilty and he himself had not yet learned about United Argentina 2-1 Nigeria barrister asked the Court for a short recess. Jack Charltonâs Republic of Ireland team made the in 1972.
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