Information Note on the Court’s case-law 10

September 1999

Heaney and McGuinness v. Ireland (dec.) - 34720/97

Decision 21.9.1999 [Section IV]

Article 6

Criminal proceedings

Article 6-1

Fair hearing

Self-incrimination - applicants convicted for having refused to answer questions asked by the police: admissible

Article 6-2

Presumption of innocence

Self-incrimination - applicants convicted for not having refused to answer questions asked by the police: admissible

[This summary also covers the decision of the case Quinn v. Ireland (dec.), no. 36887/97, 21 September 1999.]

The three applicants were arrested on suspicion of serious terrorist offences. Their arrests were based on the suspicion that they belonged to an illegal paramilitary organisation, the IRA. After having been cautioned by police officers that they had the r ight to remain silent, they were each requested to give details concerning their whereabouts at the time of the relevant offences. All three refused to provide the information requested by the police. As a consequence, they were convicted and sentenced und er Section 52 of the Offences Against the State Act 1939 to six months’ imprisonment for failure to provide information requested by the police.

Admissible under Articles 6 § 1 (self-incrimination) and 6 § 2 (presumption of innocence), and 10 (right not to impart information) and also under Article 8 (private life) in the Heaney and McGuinness application.

© Council of Europe/European Court of Human Rights This summary by the Registry does not bind the Court.

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