The Irish Council for Civil Liberties (ICCL) has said the longstanding abuse which took place at St Joseph’s Community Hospital and the Ard Gréine Court complex could and should have been prevented by a properly empowered independent inspection system.
It follows the sustained sexual abuse of 18 intellectually disabled people at the HSE-run complex in Stranorlar between 2003 and 2016 .
The abuse occurred with the “full knowledge of staff and management”.
A Garda investigation into the abuse has now been closed and pressure is mounting for an unpublished ‘Brandon’ report into the abuse to be published for all the families of the victims to read.
The unpublished report, from the National Independent Review Panel (NIRP), found “devastating” abuse had been perpetrated on mainly non-verbal adults.
The incidents of abuse “included molestation, entering residents’ beds at night, exposing himself, prolonged and loud masturbation close to residents, and possibly rape”.
The human rights group pointed out that Ireland signed the UN’s anti-torture treaty 15 years ago but still has not implemented a National Preventive Mechanism (NPM) which would prevent this kind of abuse. Such a system is not in place despite repeated warnings from UN human rights bodies.
ICCL’s Head of Legal and Policy, Doireann Ansbro, said “There may be other victims out there. An NPM would mean independent inspectors would visit care homes with a focus on the human rights of the residents. They would speak to all residents and where they discovered sexual abuse on this scale, they would be able to take real preventative action.
“They would also be able to visit private nursing homes such as the home the abuser in this case was moved to in 2016. We have serious questions about the safety of residents in that home after his arrival.”
ICCL recommends the immediate establishment of a National Preventive Mechanism (NPM) as set out in the Optional Protocol to the UN Convention Against Torture which Ireland signed in 2007 but is yet to ratify. This body should come under the remit of the Irish Human Rights and Equality Commission.
“We also call on the DPP to clarify its decision not to investigate this case any further. There may be other abusers. Their victims cannot wait any longer,” added a spokesperson.
The Irish Council for Civil Liberties (ICCL) is Ireland’s oldest independent human rights campaigning organisation. We monitor, educate and campaign to secure human rights for everyone in Ireland.