Deaf People's right to Irish Sign Language Access in the Judicial System.
On Wednesday 18th May 2016, Judge Paul Kelly at a sitting in Falcarragh District Court which took place in Letterkenny, Donegal did not allow a Deaf man (the defendant) who uses Irish Sign Language have a fair trial.
No Irish Sign Language interpreter could be available at the court and the Deaf man's solicitor informed the judge of this and said his client could not give evidence without an interpreter.
However, Judge Kelly allowed the complainant to give evidence in court against the Deaf man without an ISL interpreter present at the time. Judge Kelly then proceeded to make a decision to BAN the Deaf man from his home county and said that he will put the Deaf man in custody if he returns to Donegal. (Reference: Donegal Daily Online, 19th May)
Under Article 40.1 of the Irish Constitution citizens are afforded the right to be equal before the law, having due due regard to differences of capacity, physical and moral, and of social function Under the European Convention on Human Rights (ECHR), Article 5.2 guarantees the right to liberty and security stating that “everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him”. Article 6.3 guarantees the right to a fair trial so that “everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; … (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 14 of the ECHR outlines a prohibition on discrimination stating that “the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”. Article 21 of the EU Charter of Fundamental Rights states that “any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited”.
By signing this petition, I wholeheartedly object the breaches of the articles set above by the aforementioned Judge and demand recognition of the Defendant's human rights.
Updates
May 22, 2016
I am truly overwhelmed that one thousand of you have stepped up to demand fairness for this man. This moment reflects your commitment to equality rather than any effort of my own. Seeing so many people care about this right to access is deeply moving.
May 21, 2016
I am honestly a bit overwhelmed that one hundred people have chosen to back this cause. I started this because I felt alone in my frustration but seeing your names here makes me realize that fairness matters to so many of you.
Reached 1,000 supporters
May 21, 2016
Reached 100 supporters
May 20, 2016
May 20, 2016
I am honestly overwhelmed by how many of you have stepped up to demand fairness for this man. Seeing this number grow makes me realize how many people truly care about equality in our courts. If we can reach that next milestone, it will show the authorities that we cannot be ignored.
478 Comments
Completely unacceptable. He did not get what he should have been fully entitled to get heard at the court. I was appalled to learn the shocking news. There should be a re-trial with full provision of the interpreting service.
Absolute disgrace that this has happened and this Deaf man's rights were taken away from him. No matter if the person is innocent or guilty everyone is entitled to a fair and just trial, everyone is entitled to be treated as an equal citizen and have their rights observed.
A miscarriage of justice. I call on Judge Paul Kelly to resign with immediate effect. I ask Garda Commissioner to investigate conduct of Garda for mistreatment to accused. I also ask the Minister for Justice to set up public inquiry to avoid the prevention of this happening.
Signed because a fair trial,is a Human Right and access is SLIs is essential,to,ensure this with Deaf. Perhaps the Judge could read my article on Sign Langage interpreters in the UK JSB Tirbinals Magazine. It is on,the JSB web site.
Just because something is an inconvenience for the trial or j udge does not mean that the law does not need to be upheld. Another example of people using their power to deny rights and access to minority communities. So sad.
I whole heartedly sign this petition.
Irish Sign Language is my first language
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Deaf People's right to Irish Sign Language Access in the Judicial System.
On Wednesday 18th May 2016, Judge Paul Kelly at a sitting in Falcarragh District Court which took place in Letterkenny, Donegal did not allow a Deaf man (the defendant) who uses Irish Sign Language have a fair trial.
No Irish Sign Language interpreter could be available at the court and the Deaf man's solicitor informed the judge of this and said his client could not give evidence without an interpreter.
However, Judge Kelly allowed the complainant to give evidence in court against the Deaf man without an ISL interpreter present at the time. Judge Kelly then proceeded to make a decision to BAN the Deaf man from his home county and said that he will put the Deaf man in custody if he returns to Donegal. (Reference: Donegal Daily Online, 19th May)
Under Article 40.1 of the Irish Constitution citizens are afforded the right to be equal before the law, having due due regard to differences of capacity, physical and moral, and of social function Under the European Convention on Human Rights (ECHR), Article 5.2 guarantees the right to liberty and security stating that “everyone who is arrested shall be informed promptly, in a language which he understands, of the reasons for his arrest and of any charge against him”. Article 6.3 guarantees the right to a fair trial so that “everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; … (e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.
Article 14 of the ECHR outlines a prohibition on discrimination stating that “the enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status”. Article 21 of the EU Charter of Fundamental Rights states that “any discrimination based on any ground such as sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political or any other opinion, membership of a national minority, property, birth, disability, age or sexual orientation shall be prohibited”.
By signing this petition, I wholeheartedly object the breaches of the articles set above by the aforementioned Judge and demand recognition of the Defendant's human rights.
Updates
May 22, 2016
I am truly overwhelmed that one thousand of you have stepped up to demand fairness for this man. This moment reflects your commitment to equality rather than any effort of my own. Seeing so many people care about this right to access is deeply moving.
May 21, 2016
I am honestly a bit overwhelmed that one hundred people have chosen to back this cause. I started this because I felt alone in my frustration but seeing your names here makes me realize that fairness matters to so many of you.
Reached 1,000 supporters
May 21, 2016
Reached 100 supporters
May 20, 2016
May 20, 2016
I am honestly overwhelmed by how many of you have stepped up to demand fairness for this man. Seeing this number grow makes me realize how many people truly care about equality in our courts. If we can reach that next milestone, it will show the authorities that we cannot be ignored.
478 Comments
Regardless of the events that led to the arrest - a deaf person should never be formally arrested, charged or sentenced without full access to ISL. This case was clearly presented in breach of the defendants equality and human rights. I'm appalled!
Completely unacceptable. He did not get what he should have been fully entitled to get heard at the court. I was appalled to learn the shocking news. There should be a re-trial with full provision of the interpreting service.
Absolute disgrace that this has happened and this Deaf man's rights were taken away from him. No matter if the person is innocent or guilty everyone is entitled to a fair and just trial, everyone is entitled to be treated as an equal citizen and have their rights observed.
A miscarriage of justice. I call on Judge Paul Kelly to resign with immediate effect. I ask Garda Commissioner to investigate conduct of Garda for mistreatment to accused. I also ask the Minister for Justice to set up public inquiry to avoid the prevention of this happening.
Signed because a fair trial,is a Human Right and access is SLIs is essential,to,ensure this with Deaf. Perhaps the Judge could read my article on Sign Langage interpreters in the UK JSB Tirbinals Magazine. It is on,the JSB web site.
Just because something is an inconvenience for the trial or j udge does not mean that the law does not need to be upheld. Another example of people using their power to deny rights and access to minority communities. So sad.
I whole heartedly sign this petition.
Irish Sign Language is my first language
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Regardless of the events that led to the arrest - a deaf person should never be formally arrested, charged or sentenced without full access to ISL. This case was clearly presented in breach of the defendants equality and human rights. I'm appalled!