THREE Irish citizens who claimed their detention for suspected terrorist activity breached their human rights have had their case rejected by a European judge.
In 2009 Gabriel Magee, Colin Frances Duffy and Teresa Magee, who live in Belfast, Lurgan and Craigavon respectively, were arrested under the UK Terrorism Act 2000 following the death of a police officer and two soldiers.
They were held for 12 days without being charged and later took their case to Europe, claiming their detention breached human rights law under the European Convention of Human Rights.
The standard length of time a suspect can be held, before being charged or released, is 48 hours.
Gabriel and Teresa Magee were not charged at the time of their arrest – though Duffy was charged with the murder or the two soldiers, as well as five other attempted murders, before being cleared of all charges in 2012.
During their detention, Britain's Director of Public Prosecutions sought extensions to allow for forensic tests to be carried out.
The Magees and Duffy sought a judicial review of their extended detention – with a High Court ordering it to be quashed.
They were then released, having spent 12 days in custody.
Their initial complaint, made under Schedule 8 of the UK Terrorism Act, was rejected by the High Court in 2011, so the Magees and Duffy brought their unfair detention case to the European Court of Human Rights this week.
However, the ECHR found yesterday that the events that unfolded after their arrest did not breach their human rights.
A Strasbourg judge ruled there had been no violation of the Magees’ right to a trial, or release within a reasonable time, and that Duffy’s application was “inadmissible”.
