Holland v. Ireland

Abstract

Human rights — Right to a fair trial — Trial of terrorist suspect before special criminal court — Ireland — Whether court possessing sufficient independence — Procedures followed — Whether communication inadmissible — Inadmissibility ratione temporis — Trial occurring before entry into force of human rights instruments for Respondent State — Concept of continuing violation — Requirement of exhaustion of domestic remedies

International tribunals — United Nations Human Rights Committee — Competence — Domestic remedies rule — Failure to exhaust domestic remedies — Whether communication inadmissible ratione temporis — Date of entry into force of International Covenant on Civil and Political Rights, 1966 and Optional Protocol for Respondent State