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Date: Fri, 4 Aug 2006 15:07:36 +0100 (BST)
From: "William Finnerty" <newinngalway@yahoo.co.uk>
Subject: Request for an "effective remedy" under the terms of Article 13 of the European Convention on Human Rights
To: "Minister for Justice (Michael McDowell TD)" <Michael.McDowell@oireachtas.ie>, "Prime Minister Bertie Ahern" <taoiseach@taoiseach.irlgov.ie>, "Garda Commissioner Noel Conroy (Chief Commissioner of Police, Republic of Ireland)" <comstaff@iol.ie>, "Deputy Prime Minister Mary Harney" <info@maryharney.ie>, "Mr James Hamilton (Director of Public Prosecutions, Republic of Ireland)" <dppwebmaster@indigo.ie>, "Mr. Rory Brady, S.C. (Attorney General, Republic of Ireland)" <info@ag.irlgov.ie>, "The Chief State Solicitor (Republic of Ireland)" <contact@csso.gov.ie>, "Roisin A. Cahill" <RACahill@justice.ie>, "Guardian of Republic of Ireland Constitution (President Mary McAleese)" <webmaster@president.ie>
CC: "Nikiforos Diamandouros (The European Ombudsman)" <euro-ombudsman@europarl.eu.int>, "Mr Riccardo Monaco, Office of the European Ombudsman (Re: European Ombudsman's complaint reference:1867/2006/IP)" <EO@ombudsman.europa.eu>, "The Registrar, European Court of Human Rights, Council of Europe, Strasbourg. (Re: ECHR Case Reference: 25077/05)" <infopoint@coe.int>, "Dick Marty (PACE Rapporteur of the Committee on Legal Affairs and Human Rights)" <pace.com@coe.int>, "Commissioner for Human Rights of the Council of Europe (Thomas Hammarberg)" <commissioner.humanrights@coe.int>, "Venice Commission (Council of Europe)" <venice@coe.int>, "Jose Manuel Barroso (President of EU Commission)" <sg-web-president@cec.eu.int>, "Josep Borrell Fontelles (President of the European Parliament)" <webmasterpresident@europarl.eu.int>, "Erkki Tuomioja President of the Council of the European Union)" <askthepresidency@eu2006.fi>, "Michael Farrell (Lawyer, Irish Human Rights Commissioner)" <info@ihrc.ie>, "Caroline Nolan (Lawyer, Northern Ireland Human Rights Commission)" <Caroline.Nolan@nihrc.org>, "Adrian Kane (Lawyer at Patrick Fahy & Co.)" <adrian.okane@pfahy.com>, "Mr Greg Nolan (Lawyer, Patrick Hogan & Co., Ballinalsloe, County Galway, Republic of Ireland.)" <greg@phoganandco.com>, "Gearoid Geraghty (Lawyer, Fair Murtagh, Ballinasloe)" <gearoidgeraghty@fair-murtagh.ie>, "Ciara Macklin (Lawyer, Fair-Murtagh)" <ciaramacklin@fair-murtagh.ie>, "Martin Egan (Principal Lawyer, Fair-Murtagh Law Firm)" <martinegan@fair-murtagh.ie>, "Pat Hughes (Roscommon Auctioneer)" <phughes2@eircom.net>, "Ms Breeda Burke, Roscommon County Council" <bburke@roscommoncoco.ie>, "Gerald Finnerty & Marjorie Dolan (New Inn, County Galway)" <margieandgerald@yahoo.ie>, "Ann Marie Kelly" <annmariekellywoodlawn@yahoo.co.uk>, "Dr. Niamh Clune (Zero Waste Alliance Ireland)" <niamhclune@eircom.net>, "Brendan Kelly" <brendankellywoodlawn@yahoo.ie>, "Liam Cashman (Environmental Directorate, The European Commission)" <Liam-Joseph.Cashman@cec.eu.int>, "Marie Murray (Psychologist & Irish Times Columnist)" <mmurray@irish-times.ie>, "Sir Anthony O'Reilly, Newspaper Proprietor" <independent.letters@unison.independent.ie>, "Swami Chakrabarti (Human Rights Lawyer, Liberty)" <info@liberty-human-rights.org.uk>, "Mike Kelly (Lawyer, Irish Council for Civil Liberties)" <info@iccl.ie>, "Siobhan Duffy (Lawyer, European Commission Representative in Ireland)" <siobhan.duffy@ec.europa.eu>, "Law Society (Northern Ireland)" <info@lawsoc-ni.org>, "Law Society (Republic of Ireland)" <general@lawsociety.ie>, "International Federation of Health and Human Rights Organizations" <es.raat@wxs.nl>, "Amnesty International UK" <press@amnesty.org.uk>, "Amnesty International (Ireland)" <info@amnesty.ie>, "Amnesty Galway Group" <aigalway@yahoo.ie>, "Human Rights Watch (London)" <erin.rattazzi@hrw.org>, "OneWorld International Foundation (Human Rights)" <foundation@oneworld.net>, "Centre for Public Inquiry" <info@publicinquiry.ie>, "The International Federation of Social Workers (IFSW)" <info@ifsw.org>, "Gerard J Madden (Senior Social Worker, Omagh, Northern Ireland)" <gmadden@slt.n-i.nhs.uk>
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Dear Minister McDowell,
 
Thank you for the information Ms Cahill sent to me yesterday (August 3rd 2006) by e-mail on your behalf, which I have reproduced below.
 
Please note that there is no mention at all in Ms Cahill's e-mail regarding the extant warrant for my arrest (further information at http://www.europeancourtofhumanrightswilliamfinnerty.com/GearoidGeraghty10October2002/Letter.htm  ) which I feel is the most important of my legal problems: from the viewpoint of I ever feeling safe about returning to the Republic of Ireland again - having due regard for the fact that I now suffer from Complex Post Traumatic Stress Disorder as a direct result of all the bullying and abuse I have been subjected to "at the hands of individuals and public officials and bodies": as related in the copy of the "To Whom It May Concern" letter from Dr Michael McCavert (my GP) sent to you last year, which can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.com/Constitution/GerardMadden7November2005/Letter.htm  
 
Allowing for the fact that I have not (to date) been able to find a lawyer willing to properly discuss the extant arrest warrant matter with me, it is nevertheless the case that I do not, and never have, considered the warrant for my arrest to be legally valid. Central to this belief, is the fact that I have still not received any reply from Mr James Hamilton (Director of Public Prosecutions) to the letter I sent to him through the registered post on September 21st 2002, a copy of which can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.com/Finnerty/21Sept2002_.htm  
 
As can be seen at the above address, a copy of my letter to Mr Hamilton was also sent (by me) through the registered post on September 21st 2002 to the then Chief Commissioner of Police in the Republic of Ireland (Mr Pat Byrne).  As in the case of Mr Hamilton, I never received any reply from Mr Byrne either.
 
Allowing for the above, it was - as I see things - the fact that Mr Hamilton and Mr Byrne both apparently decided to completely ignore Article 6.3.b of the European Convention on Human Rights, in my particular case, that has led directly to the extant warrant for my arrest being issued in the first place. Their wholly flawed, and completely unlawful decision to deny me my legal rights under Article 6.3.b of the European Convention on Human Rights is not my responsibility; instead, I believe it is ENTIRELY their responsibility - in their respective roles as Director of Public Prosecutions and Chief Commissioner of Police.  In other words, and correctly or otherwise, I believe the extant warrant for my arrest has no legal validity whatsoever, and never has had any - even though it might to many "non-legal" people APPEAR to have - thanks entirely to all of the well-hidden and well-oiled machinery of political, legal, and corporate corruption which I continue to be subjected to, and which I now see myself as an extremely angry and potentially very dangerous victim of.  I also fear that the longer this situation is allowed to go on, the more angry and potentially more dangerous I am likely to become: having due regard for the following three points: a) no significant progress at all has been made regarding the core Article 6.3.b legal issue since September 2002; b) that I have now been diagnosed by a medical doctor as suffering from Complex Post Traumatic Stress Disorder (C-PTSD); and, c) that all of the several senior public officials I have informed about the C-PTSD condition I now suffer from appear to be completely ignoring this piece of medical information.
 
Also, matters are not helped by the fact that the only way I have managed, so far, to avoid being corruptly criminalised (as I see things), on account of my attempts to challenge the way you and your colleagues appear to me to be blatantly and unlawfully violating Bunreacht na hEireann (the Constitution of the Republic of Ireland) in a number of major ways, as I have outlined below, is to live in forced-exile in a jurisdiction different to the Republic of Ireland. To date, and in total, I have now spent approximately 27 months living in this way (7 months or so between October 2002 and May 2003, and a further 20 months roughly since December 2004 to the present time).
 
================
 
Bunreacht na hEireann (Constitution of the Republic of Ireland) Issues:
 
As I have related on countless occasions during recent years to you and your colleagues, in writing, and often through the registered post, the main areas (that I know of) where I strongly suspect you and your colleagues, in and around Government, are violating Bunreacht na hEireann are as follows:
 
1)  Alterations to the Waste Management Act made in or around 2001 which appear to me to violate Article 28A.1.  One of several attempts I have made to get legal help regarding this matter, from Mr Martin Egan (Lawyer), can be viewed at the following location:
http://www.europeancourtofhumanrightswilliamfinnerty.com/Finnachta/FairMurtaghEmail16July2004.htm   
 
Please note that I never received any reply from Mr Egan to the registered letter shown at the above address.
Point2
2)  Complete, and ongoing, failure to have the United Nations Aarhus Convention Agreement, an "international agreement" signed by the Republic of Ireland in 1998, "laid before Dail Eireann (Republic of Ireland Parliament)" as required under Article 29. 5. 1░.  One of several attempts I have made to get legal help regarding this matter, from Mr Gearoid Geraghty (Lawyer), can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.com/Constitution/FairMurtaghEmail21Dec2004.htm  
 
Please note that I have never received any reply from Mr Geraghty to the registered letter shown at the above address.
 
3) Complete, and ongoing, failure (as far as I know) to have the "international agreement" between the Republic of Ireland Government and the United States Government, regarding the use of Shannon Airport for US military aircraft involved in the war in Iraq, "laid before Dail Eireann" - as required under Article 29. 5. 1░.
 
At this point I feel I should stress the fact that the full text of Article 29. 5. 1░ reads as follows: "Every international agreement to which the State becomes a party shall be laid before Dßil ╔ireann."; and, that I am very conscious of the word "Every" in that particular sentence, as I am regarding the fact that all of the international lawyers I have ever seen interviewed on TV regarding the subject seem to believe the invasion of Iraq by the United States and the United Kingdom (in March 2003) was unlawful
 
Though I myself might not have written very much about this particular issue in the past, numerous other people have publicly expressed enormous and sustained general concern in recent years.  In any case, I am raising this specific aspect of the general problem with you now.
 
4)  There are other more general ways in which I believe you and your colleagues are also violating my legal rights, as an individual, under the terms of Bunreacht na hEireann, and these relate to such things as "the dignity and freedom of the individual may be assured" (as stated in the Preamble).  
 
There is also the matter of Article 40.3.1 of the Constitution of the Republic of Ireland which reads: "The State guarantees to respect, and, as far practicable, by its laws to defend and vindicate the personal rights of the citizen."
 
Copies of the full text of Bunreacht na hEireann can be found via the following address:
http://www.google.com/search?q=Bunreacht+na+hEireann+&btnG=Google+Search  
 
================
 
With regard to the NEW situation which Ms Cahill has mentioned in her e-mail to me of yesterday (reproduced below), in connection with the matter of the Gardai (Police) having now decided apparently that "you will be given ample time to arrange your defence", the following two very important questions arise for me:
 
a) Why has it taken the Gardai (Police) all this time, since September 2002, to finally arrive at this point in their thinking?
 
and 
 
b) How am I supposed to "arrange my defence" when I cannot find a lawyer who is willing to even discuss my case with me, let alone help to be prepare my defence?  - in spite of the fact that it is very clearly my legal right under Article 6 of the European Convention on Human Rights to be able to defend myself "through legal assistance of his own choosing" (Article 6.3.c).  My present choice, as it has been for the past three years or so, is NO choice.
 
Allowing for the complexity and the duration of the several different problems I have been saddled with during the past eight years or so, legal, medical, financial, social, and so on, I have long since felt that it would in all probability be best, subject I receiving proper legal advise on my overall situation from a lawyer, if all matters to do with my case were dealt with under Article 13 of the European Convention on Human Rights, which as you will know reads as follows: 
 
"Everyone whose rights and freedoms as set forth in this Convention are violated shall have an effective remedy before a national authority notwithstanding that the violation has been committed by persons acting in an official capacity."
 
Consequently, and allowing for the fact I am unable to find a lawyer to help me, I now wish to formally request that you and your senior colleagues make arrangements for the Article 13 process of the European Convention on Human Rights to be initiated on my behalf please, and to see to it that I can get proper legal advise from a lawyer on the matter.
 
I further request that all matters to do with the extant warrant for my arrest be put in abeyance please until such time as the Article 13 process referred to in the paragraph above is complete.
 
I feel I should point out that I have already sent a general request of this kind to several senior Dail Eireann members through the registered post on October 7th 2005 (addressed to Prime Minister Ahern TD) requesting that my case be discussed by a "national authority" (i.e. Dail Eireann).  Unfortunately, and as happened far more times than I can remember during the past several years, I have never received any reply of any kind.  A copy of the letter in question, together with a scanned copy of the Post Office receipt, can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.com/Constitution/OireachtasMembers7October2005/Email.htm  
 
I feel I should also point out that I have never received any reply from the present Chief Commissioner of Police (Mr Noel Conroy) to the letter I sent to him on June 12th 2006: even though I specifically requested a reply, and explained to him why I needed it, in connection with the meeting I had hoped to be able to attend in Roscommon Town on July 10th last.  A copy of the letter and the Post Office receipt can be viewed at the following address:
http://www.europeancourtofhumanrightswilliamfinnerty.com/CommissionerNoelConroy12June2006/Email.htm  

For future reference purposes, I will place a copy of this e-mail at the following address later today:
http://www.europeancourtofhumanrightswilliamfinnerty.com/JusticeMinisterMcDowell4August2006/Letter.htm  
 
I will also send a printed and signed copy of this e-mail to you later today through the registered post.
 
I will be looking forward to hearing from you (or one of your senior colleagues) regarding the request I have made above in connection with Article 13 of the European Convention on Human Rights. 
 
If, within the coming 21 days, I have not received a definite and clear reply from you, or from one of your senior colleagues, regarding the above mentioned Article 13 request, and the closely associated matter of putting the extant warrant for my arrest in abeyance, I will write to you again; and, if necessary, it is my intention to keep on writing directly to you and your colleagues: until such time as I receive justice of the kind I am legally entitled to.
 
Finally, and as you may already know, the disastrous and extremely painful consequences of living with injustice of the kind I am being subjected to has very skilfully (in my view) been set out by Dublin based psychologist Marie Murray in the Irish Times Newspaper "Dealing with injustice" article reproduced at the following location:
http://www.europeancourtofhumanrightswilliamfinnerty.com/MarieMurray19April2006/IrishTimesArticle.htm  
 
I trust that you and all of your senior colleagues this e-mail is being addressed to will PLEASE take very careful note of the contents of the Irish Times Newspaper article reproduced at the address immediately above.
 
Yours sincerely,
 
  
William Finnerty
 
http://www.constitutionofireland.com/  
 
http://www.europeancourtofhumanrightswilliamfinnerty.com/  
  
St Albans
New Inn
Ballinasloe
County Galway
Republic of Ireland.
 
 PRINTED  COPY:  Dr Michael McCavert GP, Omagh Health Centre, Omagh, County Tyrone, Northern Ireland.
 
 ============================================
 
"Roisin A. Cahill" <RACahill@justice.ie> wrote: 
 
To: newinngalway@yahoo.co.uk
CC: Minister's Constituency INBOX <Minister's_Constituency_INBOX@justice.ie>
Subject: Your recent e-mails
From: "Roisin A. Cahill" <RACahill@justice.ie>
Date: Thu, 3 Aug 2006 16:51:05 +0100
 
3  August,  2006 
 
Dear Mr. Finnerty, 
 
I am directed by the Minister for Justice, Equality and Law Reform Mr. Michael McDowell T.D., to refer to your recent e-mails regarding a court case and the Planning and Development (Strategic Infrastructure) Bill 2006. 
 
The Minister forwarded your previous correspondence to the Gardai for their information. The Minister has been informed by the Gardai that should you return to the Galway jurisdiction to face the charge, to which you have been served with, you will be given ample time to arrange your defence.  The issue of legal representation regarding the charge will be a matter for you or the Courts to decide. 
 
In relation to Court proceedings, the Minister is sure you will appreciate that the Courts are subject to the Constitution and the Law, independent in the exercise of their judicial functions and it is not open to the Minister to comment or intervene in any way on the conduct or decision of any individual court case.   
 
As regards the Planning and Development (Strategic Infrastructure) Bill 2006, this is a matter for the Department of Environment, Heritage and Local Government.  It is noted that you sent a copy of your e-mail regarding this matter to Minister Roche. 
 
 
Yours sincerely, 
 
 
 
_________________________
Private Secretary 
 
 
Mr. William Finnerty
newinngalway@yahoo.co.uk 


"My Verdict: The new Yahoo! Mail is far superior..." – The Wall Street Journal.

 

              --- End of e-mail text ---

 

     
     
Scanned copies of the Post Office receipt for the printed and signed copy of the above e-mail sent to Justice Minister Michael McDowell T.D. on August 4th 2006 can be viewed below:
     
     

 

           Side 1

 

Side 2          

Post Office "Track & Trace":
 http://www.royalmail.com/portal/rm/home/
  
 Item number:
  LY255635922GB 

 (Copy & Paste)

     

 


Constitution of Ireland:
Bunreacht na hEireann

CONVENTION AGAINST TORTURE
and Other Cruel, Inhuman or Degrading Treatment or Punishment (United Nations):

http://www.google.com/search?q=CONVENTION+AGAINST+TORTURE&btnG=Google+Search 

CRIMINAL JUSTICE (UNITED NATIONS CONVENTION AGAINST TORTURE) ACT, 2000 (Republic Of Ireland):
http://www.irishstatutebook.ie/ZZA11Y2000.html

European Convention on Human Rights (Council of Europe):
http://www.google.com/search?hl=en&lr=&q=European+Convention+on+Human+Rights&btnG=Search

Universal Declaration of Human Rights (United Nations):
http://www.google.com/search?hl=en&lr=&q=Universal+Declaration+of+Human+Rights&btnG=Search 


 

 

 

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