Ombudsman

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Paulyn Marrinan Quinn S.C.Ombudsman for the
Defence Forces - Ireland
THE RULE OF LAW AND THE SECURITY SECTOR

Tuesday 8 May 2012, Istanbul, Turkey
How can the Ombudsman for the Defence Forces help
to protect the human rights and fundamental
freedoms of Armed Forces Personnel  
Session III Human Rights and Fundamental
Freedoms for Governmental Security Officials  
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• What does your Ombudsman do?
• A neutral third-party who investigates complaints
  by members, and former members, of the Defence
  Forces...independent of the Minister, the
  Department of Defence and the military
  authorities.

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• Who can make a complaint?
• Serving members of the Defence Forces
• Retired members of the Defence Forces
• Serving Members of the Reserve Defence Forces
• Retired members of the Reserve Defence Forces

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• Against whom?
• The Ombudsman is empowered to investigate
  complaints about actions taken by
• Another serving member of the Defence Forces
• A former member of the Defence Forces who was
  serving at the time of the action
• A civil servant

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• About?
• Any action that may have been
• Taken without proper authority
• Taken on irrelevant grounds
• The result of negligence or carelessness
• Based on wrong or incomplete information
• Improperly discriminatory
• Contrary to fair or sound administration

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Irish Defence Forces Redress of Wrong Process

• Legislative Basis - Defence Act 1954, Section 114
  (2) - Administration Instruction A 7
• Grievance Procedures in its present form is in
  place since December 2005 following the
  establishment of of the Office of the Ombudsman
  for the Defence Forces.
• Number of Steps
• Guideline of 28 days from initiation of complaint
  to completion at Chief of Staff level. Complaint
  may be referred directly to Ombudsman if
  timeframe is exceeded

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Irish Defence Forces Redress of Wrong Process
Unresolved after Chief of Staff Considered
Ruling OR 28 days elapsed since Complaint
Submission Complaint may be referred to Ombudsman
7 Days
Chief of Staff
14 Days
No
Brigade Commander
Resolved?
Yes
5 Days
No
Yes
Commanding Officer
Resolved?
2 Days
No
Yes
Company Commander
Resolved?
Process Concludes
Complaint Submitted
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(No Transcript)
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• Ombudsman
• The Ombudsman shall be independent in the
  performance of his or her functions.
• Section 4 (1) Ombudsman (Defence Forces) Act
  2004.

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• Do I take my complaint directly to the Ombudsman?
• Not in the first instance.
• If, 28 days after the complaint was made, there
  is no resolution of the dispute, then a Serving
  member of the Defence Forces is entitled to bring
  their complaint to the Ombudsman

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• Do I have to make a complaint within a specific
  time?
• Yes
• within 12 months of the action happening,
• or
• within 12 months of becoming aware of the action

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• Can the Ombudsman for the Defence Forces
  investigate actions that occurred before the
  establishment of her Office?
• No.
• The Ombudsman can only investigate actions taken
  on or since 1st December 2005, the day the
  Minister for Defence signed regulations bringing
  the provisions of the Ombudsman (Defence Forces)
  Act 2004 into force.

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• Is the Ombudsman for the Defence Forces excluded
  from investigating some issues?
• Yes.
• Security or military operations
• Organisation, structure and deployment of the
  Defence Forces
• Terms and conditions of employment (i.e. within
  the ambit of the Conciliation and Arbitration
  scheme )
• Administration of military prisons