Legal action has been launched against the Irish State over its alleged failure to carry out an “effective investigation” into the 1974 Dublin and Monaghan bombings.
Letters were sent to the Attorney General’s office, Minister for Justice and Garda Commissioner on Monday by a solicitor acting on behalf of some of the bereaved families of the atrocity, which killed 34 people.
Kevin Winters of KRW Law issued the correspondence following last week’s publication of a critical report into Troubles-related controversies.
Operation Denton – part of the £47 million (€53.5 million) final Kenova report - found a “poor investigative response” in the original Garda investigation into the bombings, carried out by the Ulster Volunteer Force (UVF).
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Garda files presented to the Denton team were “disorganised, chaotic and incomplete”, forensic opportunities were squandered and identification procedures for suspects were “fundamentally flawed”, according to a separate report seen by the Belfast legal firm.
Bereaved families were treated “without empathy or respect”, it also claimed.
In his legal submission, Mr Winters argued that the Irish authorities had breached human rights laws and called for an independent inquiry into the original Garda investigation and subsequent reviews.
The Dublin and Monaghan bombings were the “deadliest atrocity of the Troubles”, the letter stated.
“Despite the gravity of these crimes, the Irish State has failed to discharge its obligations under domestic law and Article 2 of the European Convention on Human Rights (ECHR) to conduct an effective, independent investigation into these unlawful killings,” it said.
Systemic deficiencies exposed in the original criminal investigation have “perpetuated injustice for over five decades and demand urgent remedial action”.
“After 51 years, families remain denied truth and justice. The Irish State must act decisively to remedy these historic failures and restore public confidence in its commitment to the rule of law,” the letter added.
No-one has ever been charged over the bombings.
Rumours of collusion between loyalist paramilitaries and British state agents in relation to the case have persisted for decades.
While the Denton team of detectives found there was “no evidence” of collusion, they said it “cannot be categorically excluded”.
The full report of the independent Denton review will be published next year.
“The Irish authorities, quite rightly, have called out the British government on the Dublin and Monaghan bombings over the years,” Mr Winters told The Irish Times.
“However, there have been failings in their own backyard. They should not be absolved from any blame in terms of their own significant failings as highlighted in the Denton findings.”
In a statement, An Garda Síochána said the 1974 bombings in Dublin and Monaghan remained an “open investigation” and that it would not be appropriate to comment on specific details of the case.
It issued a fresh appeal for information and urged anyone who has never made contact to come forward.
“An Garda Síochána remains committed to investigate acts of terrorism and always takes the concerns of all victims seriously, ensuring all victims are treated with dignity and respect,” it said.
Garda Commissioner Justin Kelly had committed to establish “by the end of this year” a dedicated unit as a central point of contact for victims and families in relation to Troubles-related Garda investigations, it added.
The unit was among the proposals agreed between the Irish and UK governments in September as part of a new legacy framework to replace the controversial Legacy Act.
As well as the ordering of an inquiry, the letter also called for full disclosure of all Garda-held material to victims’ families and independent investigators.
The Department of Justice confirmed it had received the correspondence from the legal firm and was “considering its contents”.
The Attorney General’s office was contacted for comment.
