Crime, Punishment and Rights

Dr Róisín Mulgrew’s new book, the Research Handbook on the Punishment of Atrocity has been published by Elgar Publishing. This timely collection was co-edited with Professor Mikkel J Christensen of the University of Copenhagen. Their chapter, Researching the Punishment of Atrocity Crime is available open access. This Research Handbook examines the punishment of atrocity crime and presents a wide-ranging critique of post-conviction law, policy and practice. With a team of expert contributing authors, Róisín Mulgrew and Mikkel Jarle Christensen provide insights into the impact and implications of punishment models, strategies and frameworks. Taking a multidisciplinary approach, chapters analyse the work of international criminal courts and tribunals, as well as domestic criminal, military and traditional justice systems. Authors utilise a wide range of research methods and tools to bring the impact of different penalties, sentencing policies and sentence enforcement models to light. They also outline the implications of release and post-release strategies for a variety of stakeholders, such as accused persons, courts, states and wider society. Individually and collectively, these contributions add to a growing body of literature on how punishment can prevent and address atrocity crime, while also challenging contemporary assumptions about systems of punishment. The Research Handbook on the Punishment of Atrocity Crimes is an essential read for academics, researchers and students in criminal law and justice, public international law and human rights. It is also an indispensable resource for lawyers, judges, policy-makers and practitioners working in the field of atrocity crime. Critical Acclaim for the book… ‘This Research Handbook takes up a wide variety of themes and an amazingly broad, multidimensional and inter- and multidisciplinary approach to both punishing and sentencing atrocity crimes. It is informative, insightful and challenging. A “must-read” for those interested in the field of international criminal justice and atrocity crimes.’– Alette Smeulers, University of Groningen, the Netherlands ‘The Research Handbook on the Punishment of Atrocity Crimes offers an unusually comprehensive take on a neglected area of research. Rich in conceptual, empirical, and methodological approaches, this is a “must-read” for anyone concerned with punishment and justice after atrocity crimes.’– Kjersti Lohne, University of Oslo, Norway ‘This Handbook offers a second-generation view of research regarding the punishment of atrocity crimes. It constellates new voices, connects seasoned perspectives, and nimbly traverses boundaries whether jurisdictional or conceptual. The editors offer an indispensable contribution to the literature.’– Mark Drumbl, Washington and Lee University, School of Law, US

On Wednesday the 6 November the Hon Mr Justice Peter Charleton visited the University of Galway to deliver two papers. The first was delivered to Sentencing and Penal Policy students on the new LLM (Criminology, Criminal Justice and Human Rights). The paper was entitled “Sentencing chaos or sentencing bands?” and considered the development of judicial guidance on sentencing in Ireland with comparisons to England and Wales, and the United States. The second paper “A Guide to Evidence in Sexual Violence Cases” was delivered to Evidence Law students. It considered numerous features of evidence law that impact on the effectiveness of prosecutions for sexual violence offences. Mr Justice Charleton has been a judge of the Supreme Court since 2014 having been a Judge of the High Court from 2006. He is also an author of the leading Criminal Law Text, Charleton & McDermott’s Criminal Law and Evidence.

On 29 and 30 October 2024, the European Organisation of Prison and Correctional Services (EuroPris) and the Confederation of European Probation (CEP), hosted a ‘Foreign Nationals in Prison and Probation’ conference in association with the Austrian Federal Ministry of Justice in Palais Trautson, Vienna. The event was attended by officials, policy-makers, practitioners from national ministries of justice and prison services, international criminal courts, regional and international organisations, NGOs and charities. Dr. Mulgrew presented a paper on the Committee of Ministers’ Recommendation 2012 concerning foreign prisoners, outlining its key contributions to regional penal policy and some limitations. Dr. Mulgrew also led a session, with Ana-Maria Teblis (Council of Europe) on an e-learning module she co-created on the Treatment and Management of foreign prisoners. This tool, which can be integrated into national prison training systems, is available in 15 languages.

On August 15th, PhD researcher Parisa Zangeneh presented a paper, 'The gradual abandonment of the si omnes clause and the emergence of the grave breaches regime' at the law faculty of Universidad Torcuato Di Tella in Buenos Aires, Argentina. The Conference was part of the Diálogos de Derecho Internacional 2024, or Dialogues of International Law Series. Papers focused on a range of topics on the history of international law. The Conference was organized by the Dean, Dr Alejandro Chehtman.

The Crime Punishment and Rights Film Series* presents 20 Days in Mariupol. This award-winning documentary focuses on the Russian invasion of Ukraine and documents atrocities committed in the besieged city of Mariupol. The documentary will be screened on Thursday 24th October at 6:30pm in Pálás Cinema. The crime and rights issues raised by the movie will be introduced by Professor Shane Darcy (Irish Centre in Human Rights) and Dr. Iuliia Anosova (Huma Rights Centre, Ghent University). Professor Darcy is an expert in international humanitarian and international criminal law and Deputy Director of the Irish Centre for Human Rights. For recent publications on informants and collaborators in armed conflict see here, and victims of aggression in international law, see here. Dr. Iuliia Anosova is a researcher and human rights lawyer from Ukraine specializing in international law and human rights. Currently she is a postdoctoral fellow under the MSCA4Ukraine fellowship programme at the Faculty of Law and Criminology of Ghent University, Belgium. For recent publications on international criminal justice and Ukraine see here and conflict-related sexual violence see here. Tickets for 20 Days in Mariupol can be purchased here - https://www.palas.ie/film/20-days-in-mariupol Click here to sign up for student loyalty! (For €5 tickets, no booking fee, €4 popcorn, and more...) The Crime Punishment and Rights Film Series is an initiative of the Crime, Punishment and Rights Research Cluster at the University of Galway, supported by the School of Law and Irish Centre for Human Rights in partnership with Pálás Cinema.

To mark the launch of the new LLM in Criminology, Criminal Justice and Human Rights, Dr O’Mahony organised a Law and Criminal Justice Walking Tour on 13th September 2024. Our new LLM students were joined by doctoral researchers, and staff from the School of Law and the Crime, Punishment and Rights Research Cluster. Dr Charles O’Mahony led the fascinating tour around the campus and city, visiting significant sites for understanding the legal and criminal justice history of Galway, including … Quadrangle, University of Galway  (Royal Coat of Arms at the rear of the Quad) Galway Cathedral (Site of Old City Prison)     Galway Courthouse (Opened 1stof April 1815)     Eyre Square (From Medieval Open Space to JFK)     Forster Street (Site of Galway Magdalene Laundry)     Lynch's Castle (Medieval Fortified House)     Saint Nicholas' Collegiate Church (From Cristopher Columbus to Cromwell) Eglinton Canal Walk (Connecting Lough Corrib to Galway Bay) College Bar, University of Galway (Former Ammunitions Factory)    

[University of Galway School of Law and Irish Centre for Human Rights in partnership with Pálás Cinema] Jack Nicholson plays a Korean War veteran and criminal who pleads insanity and is admitted to a mental institution, where he rallies up the scared patients against the tyrannical nurse. This classic film explores the human rights issues associated with residential mental health services, in particular involuntary detention and forced treatment. It portrays the dehumanising effects of coercive psychiatric practices and underscores the importance of respecting autonomy (legal capacity), dignity, and the right to refuse treatment. In conjunction with the screening, we will briefly consider the UN Convention on the Rights of Persons with Disabilities (CRPD), which has, for over two decades, driven global law reform. The CRPD urges states to abolish mental health laws that allow involuntary detention and forced treatment, a position that remains contentious and contested. Click here to sign up for student loyalty! (For €5 tickets, no booking fee, €4 popcorn, and more...) Click here to buy your tickets now!

Dr. Mulgrew presented at the international conference ‘Spandau, Sugamo, and Landsberg – The Origins of Sentence Enforcement in International Criminal Law, and their Relevance for the International Criminal Justice System of Tomorrow: Past, Present, and Future’ hosted by Philipps University, Marburg, Germany. Dr. Mulgrew was invited to give a paper giving ‘Critical Remarks on today’s Decentralized System of the Enforcement of Sentences in International Criminal Law and Possible Consequences for the Future’. Organised by Prof. Dr. Burghardt (Marburg Conference) and Prof. Dr. Knaeuer (Jena University), this workshop was funded by the Deutsche Forschungsgemeinschaft.

On 8 July 2024, Dr Róisín Mulgrew presented her research at the inaugural International Criminal Justice Conference at the University of Nottingham. Her presentation based on findings from her forthcoming book, Early Release in International Criminal Law (Elgar, 2025) focused on changes to the forms of release in international criminal law, the factors considered in release decision-making, and the impact of victim participation.  The conference, hosted by the Human Rights Law Centre’s International Criminal Justice Unit took place at University Campus from 8-9 July 2024.

On 30 May 2024, the School of Law came together to share their research. The Crime, Punishment and Rights Cluster members shared findings, and updates on publications and projects. Dr. Róisín Mulgrew discussed findings from her forthcoming monograph, ‘Early Release in International Criminal Law’. Dr. Conor Hanly discussed his recent project, ‘A rapid review of delay in Irish rape cases’. Professor Shane Darcy presented a paper entitled ‘Internal wars and International Laws: Ireland 1916-1923’. Dr. Charles O’Mahony shared findings from a recent ‘Baseline Study on the Right to Access to Justice for Disabled People in Ireland’. And finally, Dr. Rory Kelly presented on ‘Retrospective Legislation and the Safeguard Deficit’.

The Irish North/South Criminology Conference was hosted by both Queen’s University Belfast and Ulster University in Belfast from 17-19 June 2024. The Conference’s theme was Criminology in Times of Conflict: Rights, Harms and Responsibilities. Two members of the Crime, Punishment and Rights Research Cluster presented their research. Aisling McNally gave a paper entitled ‘Perusing the Perspectives of Domestic Violence Support Organisations using Structural Role Theory on a panel ‘Exploring Victimisation’. Dr. Róisín Mulgrew presented her research on ‘Implementing Punishment in the Context of Atrocity Crimes: Factors and Voices Influencing International Release Decisions’ on a panel focusing on ‘Criminology, conflict and war’ The programme for the event can be viewed here: Irish North-South Conference Programme (June '24)

On 11 March 2024, Dr Róisín Mulgrew and Professor Shane Darcy provided training on the Land Command and Staff Course.  The course is designed to prepare students to become Senior Officers within the Defence Forces.  The lectures were delivered at the Military College in The Curragh Camp. Lectures covered the history, law and principles of international human rights law, the law of armed conflict/international humanitarian law and international criminal law.  

Final year Law, Criminology and Criminal Justice students benefited from the wealth of experience of recent guest lecturers who talked about a child sensitive and victimological centred approach to dealing with reports and prosecutions of child sexual abuse. Dr. Mulgrew, module convenor of the Victimology module, was delighted to welcome two experts that advocate for, and help to operationalise, a child-sensitive approach to process and procedures in Ireland to talk to the class on 28 February 2024. Niamh O’Loughlin, social worker team leader and specialist interviewer from Tusla, explained the Barnahus multi-agency and child-centred approach to working with children affected by sexual violence. The Barnahus model enables children to meet with police, medical personnel, social workers and therapists under the same roof. Garda Ken Murphy, an expert in Specialist Interviewing techniques from the Crime Specialist and Operational Skills Unit in the Garda College, shared information about and insights from his experience in interviewing children and persons with intellectual disabilities.

Join our inaugural event of the Crime, Punishment and Rights Research Cluster’s film series, in conjunction with Pálás Cinema. Date and Time: Wednesday 31st January at 6.30pm  Location: Pálás Cinema  Movie: In the Name of the Father The movie depicts the events surrounding one of the biggest miscarriages of justice in British history, the false conviction and imprisonment of the Guildford Four following an IRA bombing. The themes evoked by the movie remain relevant today – the use of interrogation techniques in police interviewing, false confessions, conditions of imprisonment, and the right to truth and redress for both the victims of the bombings and the miscarriage of justice. Purchase Tickets: Click here to purchase a ticket. Students can avail of reduced priced tickets for €5 by signing up for the loyalty scheme (free of charge).

On 6 December 2023, Dr. Mulgrew attended the timely international conference hosted by the Office of the Inspector of Prisons on Developing a Criminal Justice National Preventive Mechanism in Ireland.  Dr. Mulgrew, along with LLM students from the Irish Centre for Human Rights, participated in roundtable discussions about the challenges and opportunities for developing a criminal justice National Preventive Mechanism in Ireland under the Optional Protocol to the UN Convention Against Torture.  The key note speech was delivered by Judge Mykola Gnatovskyy (ECtHR). Insights and views were also shared by panellists from the UK’s NPM, the UN Sub-Committee for the Prevention of Torture, the Irish Human Rights and Equality Commission, Irish Penal Reform Trust, the Criminal Justice Inspection Northern Ireland, the Association for the Prevention of Torture and the Council of Europe. Dr. Mulgrew is an Expert Panel Member for the Office of the Inspector of Prisons.

On 2 November 2023 Dr Rory Kelly presented a paper on Prison Labour to colleagues at the Staff Research Seminar Series. Professor Dirk van Zyl Smit Acted as a respondent. Professor Van Zyl Smit is Emeritus Professor of Criminology and Senior Research Scholar, University of Cape Town and Emeritus Professor of Comparative and International Penal Law, University of Nottingham. The presentation queried whether prison labour ought to be considered part of an offender's punishment. At present in England and Wales prison labour is not so classed. The sentence is the years to be served in prison and on licence in the community. The argument for reclassification drew on comparison to general features of punishment and to the role of labour in other sentences - the community order and suspended sentences. The paper also engaged with the difficulties that would follow from reclassification. Would proportionality dictate that sentences of imprisonment should be reduced and, if so, by how much? The paper finished by engaging with the alternative: that prison labour could be reformed to make it non-punitive through giving the offender a choice of whether to work and wider labour protections. The paper concluded prison labour is lost when classed as neither punishment nor as employment.

Dr. Róisín Mulgrew has joined with EuroPris (European Organisation of Prison and Correctional Services) to launch a dedicated prisoner rights section in its regular newsletter. This newsletter is distributed to prison policymakers and practitioners across the Council of Europe. The goal of this initiative is to promote professional and rights-informed prison practice. Europris stated that it was ‘delighted to announce the inauguration of a new segment dedicated to the dissemination of human rights conventions. In this section, we will systematically explore key topics of significance within prison environments, as identified by their relevance and importance. This section is made possible thanks to Dr. Róisín Mulgrew, an expert in international law and human rights and a lecturer at the University of Galway, who is also an expert in the EuroPris Foreign Nationals in Prison and Probation group’. The first addition in September 2023 focused on the rights of transgender prisoners. The November edition will focus on solitary confinement.

The UN Special Rapporteur on extrajudicial, summary and arbitrary executions, Dr. Tidball-Binz delivered his report on Deaths in Prison to the Human Rights Council in Geneva in June 2023.  The report aims to raise awareness of the ‘invisible, albeit largely preventable, tragedy of global dimensions’ caused by the failure of states to protect the right to life of persons deprived of their liberty.   The report’s discussion and recommendations in relation to information collection and use are informed by Dr. Mulgrew’s research. In particular, the report cites her article, with Professor Tomczak (‘Making Prisoner Deaths Visible: Towards a new epistemological approach’ (2023) 4 Incarceration 1-21) and the policy brief, Deaths in Prison, co-produced by her collaborative prisonDEATH team (Dr. Mulgrew, Professor Tomczak and Dr. Appleton) and Penal Reform International. Significantly, the UN Special Rapporteur reiterates Mulgrew and Tomczak’s call for States to collect comprehensive and disaggregated data on all prisoner deaths and for the adoption of a global classification system for prisoner deaths (Recommendation r, page 19). ‌‌

The members of the Crime, Justice and Punishment research cluster came together on 26 May 2023 in the Dean Hotel for an Away Day. The time was used to share information about our research interests and plans, and to develop a strategic plan for future activities. Discussion centred on the communication of our research, the hosting of events, collaborations with other academic institutions and external engagement with governmental and civil society partners.  In attendance: Dr. Róisín Mulgrew, Dr. Charles O’Mahony, Dr. Conor Hanly, Eilís Ní Chaoimh, Dr. Janos Fiala-Butora, José Henriquez Leiva, Dr. Connie Healy, Dr. Edel Hughes (pictured below) and joined virtually by Dr. Rory Kelly and Michael Coyne. ‌

Students from the LLM course, Imprisonment and Rights, and the undergraduate course, The Protection of Prisoner Rights under International Law, visited Limerick Prison on Thursday 16th March 2023 with their module convenor Dr Róisín Mulgrew, and Dr. Charles O'Mahony. The students were able to see the changes that will be brought in by recent investment in the male prison – contrasting the recently closed and very old section of the male prison with the new wings. Students was also able to view the new women's section of the prison, based on innovative and trauma-informed design. Students were able to quiz Governor Mark Kennedy and staff about all aspects of prison life and management. Sincere thanks to Governor Kennedy and all his team for facilitating this visit and making it such an engaging and insightful experience for the students.

The Crime, Justice and Punishment Research Cluster was delighted to host a screening of the powerful and moving documentary ‘Bulgaria’s Abandoned Children’ on Thursday 9th March 2023. This critically acclaimed documentary follows the fate of 75 abandoned children in the Social Care Home in the village of Mogilino, Bulgaria. It shows how institutional care can lead to neglect and the destruction of the lives of children with disabilities. The documentary is an eye-opener for all human rights advocates, and it pushes us to ask: why are these abuses happening, and what can we do to stop them? After the screening, one of the documentary’s creators, Dr. Janos Fiala-Butora (pictured below) from the Centre for Disability Law and Policy at the University of Galway, lead a lively discussion with attendees.

  The Irish Penal Reform Trust (IPRT) commissioned researchers from the Centre for Disability Law and Policy to carry out a scoping study on access to rights for people detained in forensic mental health facilities in Ireland. This research was supported by the Irish Human Rights and Equality Commission under the Human Rights and Equality Grant Scheme 2021-2022. It was carried out by Dr Suzanne Doyle Guilloud, Eilís Ní Chaoimh, Maria Ní Fhlatharta and Prof. Eilionóir Flynn, with additional research support from Renee Payne.  Eilís Ní Chaoimh The report was launched in October 2022 and involved a literature review of Irish law and policy in the area, the identification of relevant research on these settings, and the applicability of international human rights law. The study also included interviews with stakeholders within the forensic mental health system. The project's limited scope prevented the research team from speaking directly with individuals detained in the Central Mental Hospital. The study concluded that Ireland's ultimate objective in any process of law reform compliant with the UN Convention on the Rights of Persons with Disabilities (CRPD) should work towards the abolition of the current forensic mental health system. However, recognising the challenges of abolition, the report includes 17 rights-based changes which could be made within the existing system to better align it with the requirements of the CRPD. Prof. Flynn and Eilís Ní Chaoimh presented the findings of the report alongside Molly Joyce of the IPRT to the Oireachtas Joint Sub-Committee on Mental Health on 6 December 2022.

Dr. Anna Arstein-Arslake was awarded the President’s Award for Research Excellence in December 2022 in recognition of her contribution to research. This work includes her 2021 monograph on Legal Capacity and Gender, and a 2022 special issue of Griffith Law Review on Recognising Personhood. 

The School of Law held a successful conference on ‘Oversight of National Security: Lessons from Australia and the United Kingdom’ on Friday 23rd September. The event, which was opened by the Minister for Justice, Helen McEntee, TD, was held to coincide with the publication of new legislation to establish an office of Independent Examiner of National Security Legislation, something that was recommended by the Commission on the Future of Policing in 2018. Current and previous holders of similar oversight offices in Australia, United Kingdom and Northern Ireland  (Grant Donaldson SC, Lord David Anderson KBE KC and Professor Marie Breen-Smyth) addressed the conference along with other experts drawn from the fields of academia, human rights and security (Dr Jessie Blackbourn, Michael O’Neill and Dermot Woods). Professor Donncha O’Connell of University of Galway School of Law organised the conference and was a member of the Commission. The conference was also livestreamed on Zoom so that people can participate remotely. A video recording of the event will be uploaded shortly. The conference proceedings were reported in the media by the Irish Times and the Irish Examiner. Pictured above (L to R) are: Conference organiser and chair, Professor Donncha O’Connell of the School of Law, Dr Jessie Blackbourn, Durham University, Lord David Anderson KBE KC, former UK Independent Reviewer of Terrorism Legislation, Professor Marie Breen-Smyth, Independent Reviewer – Justice & Security for Northern Ireland, Dermot Woods, Director of the National Security Analysis Centre, Department of An Taoiseach and Michael O’Neill, Head of Legal, Irish Human Rights & Equality Commission

Dr. Mulgrew and Professor Tomczak (University of Nottingham) presented their research findings on prisoner death data to the Council of Penological Cooperation Working Group and representatives from Council of Europe member States. The Plenary session was held in Strasbourg from 5-7 of November 2024. Based on their 2023 article ‘Making Prisoner Deaths Visible: Towards a New Epistemological Approach’, Mulgrew and Tomczak shared their core recommendations for improving the evidence base for prisoner death prevention policy from their policy brief, Improving Prisoner Death Statistics (Council of Europe), February 2024. They call for comprehensive, disaggregated and contextualised data on prisoner deaths in order to reduce or prevent preventable deaths in prisons.

Dr. Mulgrew and Dr. O’Rourke participated in the launch of the two year EU funded, and Council of Europe supported project, ‘Technical support for more effective and resilient National Preventative Mechanisms’ in Dublin (22 October) The project was launched by officials from the Council of Europe’s Transversal Challenges and Multilateral Projects Division, the European Union’s Directorate General for Structure Reform, the Office of the Inspector of Prisons and the Cypriot Ombudsman Office. Panel discussions were led by the Director of the Irish Human Rights and Equality Commission, the Executive Director of the Legal and Compliance Unit of An Garda Síochána, the head of the UK National Preventative Mechanism and the Irish Representative of the European Committee for the Prevention of Torture. The launch event ‘brought together over 60 stakeholders, including policymakers, representatives from state institutions and civil society, international experts, and a European Commission representative in Ireland. Participants engaged in discussions aimed at fostering collaboration, exchanging innovative ideas, and sharing promising practices to enhance the effectiveness of NPMs’.

Dr. Mulgrew was invited by the Executive Director Saoirse Brady to join the Board of Directors of Irish Penal Reform Trust and was co-opted on 27 July 2024. Her election to the Board of Directors was officially confirmed following a vote at the Annual General Meeting in Dublin on 18 September 2024. IPRT, an independent charity, was founded in 1994 by a group of citizens concerned about the abuses of human rights in Irish prisons. The IPRT is Ireland's leading non-governmental organisation campaigning for rights in the penal system and the progressive reform of Irish penal policy. It has three priority areas of work: a national penal policy which is just, humane, evidence-led, and uses prison as a last resort  a national penal system which protects and promotes human rights and strives to achieve international best practice in its regimes, daily practices and overall culture  IPRT as a sustainable, well-resourced, respected and collaborative stakeholder in penal policy in Ireland IPRT is governed by a voluntary Board of Directors with expertise in a range of areas relevant to penal reform. The Board focuses on the broader strategic goals of the organisation.    

A new report co-authored by Dr. Maria de Almeida Silva for the Irish Council for Civil Liberties (ICCL) and the Irish Network Against Racism (INAR) was recently published.  Titled "Policing and Racial Discrimination in Ireland: A Community and Rights Perspective," the study reveals that ethnic minority communities feel unsupported and unrepresented by Gardaí due to racial profiling.  The report calls for comprehensive research and policy reforms to address these issues. Full details, findings and recommendations are available here.

On 5th April 2024, the Minister for Justice appointed Dr. Conor Hanly to the inaugural Board of Cuan.  Cuan is the statutory body dedicated to tackling and reducing domestic, sexual and gender-based violence.  Minister McEntee stated that she was ‘delighted that people with such experience and knowledge have been appointed to the Board. In supporting Cuan to deliver on its functions, their commitment and contribution will be a key element to delivering real and positive change for victims and survivors and for society more broadly’.  Dr. Hanly is also on the Board of the Galway Rape Crisis Centre. 

Dr Charles O’Mahony and Dr Róisín Mulgrew were appointed by the Chief Inspector to join the Office of the Inspector of Prison’s Expert Panel in August 2023. Their nomination reflects their specialist knowledge and professional qualifications in this field. The Office of the Inspector of Prisons aims to support excellence in the delivery and outcomes in Ireland’s prisons through an independent programme of inspections and investigations. The Expert Panel may be asked to assist the Inspectorate in carrying out its statutory duties, including the inspection of prisons.