Abuse at Donegal HSE-run complex 'could and should' have been prevented says the Irish Council for Civil Liberties

The following report contains details of an adult nature

The Irish Council for Civil Liberties (ICCL) has stated that 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.

A report (unpublished) by the National Independent Review Panel found that 'devastating' instances of sexual abuse had been perpetrated on mainly non-verbal adults at the HSE-run complex in Stranorlar, Donegal between 2003 and 2016. The Irish Times claims to have had access to the report and that it details over 108 occurrences of sexually inappropriate behaviours by one resident towards 18 other residents. The incidents of abuse are alleged to have included 'molestation, entering residents' beds at night, exposing himself, prolonged and loud masturbation close to residents and possibly rape'.

It was found that the abuse occurred with the 'full knowledge of staff and management'. A Garda investigation into the abuse is now completed and there is mounting pressure for the unpublished 'Brandon' report to be released to the public.

Deputy Thomas Pringle, Sinn Féin, has stated that he believes there is no valid reason for the HSE or the Gardaí to refuse to publish the report, whilst Deputy Pearse Doherty, also Sinn Féin, has sought an urgent meeting with the HSE to raise the concerns of the victims and their families in relation to the delay in the publication of the Brandon Report.

The ICCL has pointed out that despite Ireland having signed the UN's Anti-Torture Treaty 15 years ago the State has still not implemented a National Preventative Measure which would prevent this kind of abuse. UN human rights bodies have warned Ireland about this issue repeatedly.

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.

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