Aindrias Ó Caoimh (attorney general)

Aindrias Ó Caoimh (4 October 1912 – 30 December 1994) was an Irish judge and barrister who served as a Judge of the European Court of Justice from 1975 to 1985, President of the High Court and a Judge of the High Court from 1966 to 1975 and Attorney General of Ireland from January 1950 to June 1950 and 1957 to 1965.[2][3]

Aindrias Ó Caoimh
Ó Caoimh at the end of the
Lawless v Ireland case
Judge of the European Court of Justice
In office
10 February 1975  13 July 1985
Nominated byGovernment of Ireland
Appointed byEuropean Council
President of the High Court
In office
11 May 1966  2 February 1975
Nominated byGovernment of Ireland
Appointed byCearbhall Ó Dálaigh
Preceded byCahir Davitt
Succeeded byThomas Finlay
Judge of the High Court
In office
11 May 1966  2 February 1975
Nominated byGovernment of Ireland
Appointed byCearbhall Ó Dálaigh
13th Attorney General of Ireland
In office
20 March 1957  15 March 1965[1]
TaoiseachÉamon de Valera
Seán Lemass
Preceded byPatrick McGilligan
Succeeded byColm Condon
In office
30 January 1954  2 June 1954[1]
TaoiseachÉamon de Valera
Preceded byThomas Teevan
Succeeded byPatrick McGilligan
Personal details
Born
Aindrias Micheál Ó Caoimh

(1912-10-04)4 October 1912
Galway, Ireland
Died30 December 1994(1994-12-30) (aged 82)
Ranelagh, Dublin, Ireland
Political partyFianna Fáil
Spouse
Sheila Ní Chuilleanáin
(m. 19331994)
Relations
Children7, including Aindrias
Alma materKing's Inns

Personal life

Ó Caoimh was educated at O'Connell School and at University College Dublin.[4]

He was a brother of Brian Ó Cuív and uncle of Éamon Ó Cuív. He and his wife Sheila had seven children,[5] one of whom, also Aindrias Ó Caoimh, was, like his father, appointed a member of the European Court of Justice, in 2004. Ó Caoimh died at his home in Ranelagh in Dublin, and is buried in Glasnevin Cemetery.[5] Ó Caoimh's son, of the same name, is Irish judge who served as a Judge of the European Court of Justice from 2004 to 2015, and as Judge of the High Court from 1999 to 2004. [6]

Lawless v. Ireland

During his second term as Attorney General of Ireland he represented the Government of Ireland in Lawless v. Ireland (1957–1961), the first case before the European Court of Human Rights, taken by Gerald Lawless,[7] who was represented by Seán MacBride, the human rights lawyer.[8] The case concerned the detention without trial of a suspected member of the IRA who claimed that Ireland had breached Articles 5, 6 and 7 of the European Convention of Human Rights that provide rights to liberty and security, fair trial and the principle of ‘no punishment without law’.[9] The court found in favour of the Irish Government that no violation of the European Convention on Human Rights had taken place.[10]

Arms Trial

In September 1970, Ó Caoimh withdrew from the Arms Trial, with the result that the case had to be re-heard after six days of evidence had already been given.[5]

See also

References

  1. "Gallery of Previous Attorneys General – 1954 go 1981". Attorney General of Ireland. 2021. Archived from the original on 16 January 2021. Retrieved 14 January 2021.
  2. The Irish Times, 30 December 1994, p. 23.
  3. Kenneth Ferguson, ed. (2005). King's Inns Barristers 1868–2004. Dublin: The Honorable Society of King's Inns in association with The Irish Legal History Society. p. 271. ISBN 0-9512443-2-9.
  4. "Former High Court president dies". Irish Times. 30 December 1994. Retrieved 15 December 2020.
  5. Former High Court president dies, The Irish Times, 30 December 1994, p.5.
  6. "Reappointment of Judge Aindrias Ó Caoimh as a Judge of the European Court of Justice". Department of Justice, Equality and Law Reform. 26 February 2009. Archived from the original on 19 December 2010. Retrieved 14 March 2009.
  7. "Ceisteanna—Questions. Oral Answers. - Lawless Case Appearances". Dáil Éireann Parliamentary Debates - Volume 185. Oireachtas. 7 December 1960. Archived from the original on 3 November 2019. Retrieved 14 January 2021.
  8. "Sean MacBride (1904-1988)". Searc's Web Guide to 20th Century Ireland. searc.ie. 2008. Archived from the original on 13 January 2013. Retrieved 22 August 2007.
  9. "The Lawless Papers". NUI Galway. Archived from the original on 24 December 2013. Retrieved 22 August 2007.
  10. "Judgment of the Court of Human Rights in the Lawless v Ireland(1 July 1961)". European Court of Human Rights. 1 July 1961. Archived from the original on 21 November 2009. Retrieved 23 March 2009.


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