24 January 2021
The Irish Council for Civil Liberties (ICCL) has written to the Garda Síochána Ombudsman Commission (GSOC) to express our concern that eyewitness statements have not yet been taken from George Nkencho’s family who were present at the time of his killing.
In the letter, we outline obligations under international law to fully investigate the killing of George Nkencho by gardaí, including the need to fully investigate the possibility of racial bias, and to include and update Nkencho’s family at all stages of the investigation.
Doireann Ansbro, ICCL’s Head of Legal and Policy, said:
“We’ve called on GSOC to interview the Nkencho family as soon as possible in order to restore confidence that the investigation will be thorough.
We’ve also called on them to take into account all of the gardai’s human rights obligations including the prohibition on discrimination. We think there is a need to ensure they investigate potential bias – both explicit and implicit. In order to really examine this, it may be necessary for GSOC to recommend a wider systemic inquiry following the current one. This could include, for example, whether gardaí receive adequate training on bias, as well as an investigation into the policing of minority communities.”
ICCL has today also published a briefing note on the State’s obligations when it uses lethal force. Part of Ireland’s human rights obligations in this context are that the family of the victim be included at all stages of the process. It is also essential that any investigation be undertaken as promptly as possible in order to ensure the confidence of the community involved. In this context, it is particularly worrying that the Nkencho family have yet to be interviewed by GSOC.
If the GSOC investigation does not fulfil the requirements under Article 2 of the European Convention on Human Rights (on the right to life and right to an independent, effective, thorough and prompt investigation where there is lethal use of force by the State), another form of inquiry will likely be necessary.
The pain and anger in the African-Irish community in Ireland has been palpable since the killing of George Nkencho. In today’s globalised world we cannot ignore the international resonances of a police shooting of a black man and Ireland is not immune to allegations of racial discrimination in policing. The UN Committee on the Elimination of Racial Discrimination (CERD) noted reports of racial profiling by police in its report on Ireland in 2019.
In its report to the CERD Committee, the Irish Human Rights and Equality Commission (IHREC) noted that during its consultation with young people from minority ethnic communities, some young people noted that they felt discriminated against by police, including higher rates of stop and search. All of this must be fully investigated in order to secure justice for George Nkencho.
ENDS/
See ICCL’s briefing note on lethal use of force here: https://www.iccl.ie/wp-content/uploads/2021/01/210122-FINAL-ICCL-Briefing-use-of-lethal-force-by-Gardai.pdf
See ICCL’s letter to GSOC here: https://www.iccl.ie/wp-content/uploads/2021/01/210122-ICCL-Letter-to-GSOC-re-GN-shooting.pdf
Notes for editors:
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.