The Irish Network of Legal Observers published their findings on the Dublin port tunnel protest for Palestine on Saturday, October 4th. The report finds that garda forces blocking access to the port used pepper spray and batons to keep protestors at bay while violating civil rights and their own policies.
The Network is a new organisation comprising the Irish Council for Civil Liberties (ICCL), the Irish Centre for Human Rights at the University of Galway. The Network was created for the purpose of monitoring police involvement in protests around Ireland. Seven “legal observers” total observed the policing of the demonstration, according to a report from the Network. Overall, the Network is staffed by “international experts and academics working in the area of protest, public order policing, civic space and human rights”, according to the Network’s website
“The observers monitored gardaí as they, without justification, restrained and dispersed using force and incapacitant (pepper spray)” the Network said, via an announcement on Instagram. “The report finds that actions of members of An Garda Síochána were in violation of garda policies and also Ireland’s international human rights obligations under the International Covenant on Civil and Political Liberties and the European Convention on Human Rights.”
In the full report, which is 6 pages long, observers described the initial use of pepper spray as taking place “10 seconds” after a group of protestors with linked arms approached the police cordon. Further, the observers describe “one older man worryingly affected by the pepper spray asking gardaí to call an ambulance. Gardaí failed to do so.”
Almost 2 hours after the initial use of pepper spray, described as taking place just after 2pm, protestors regrouped in another area of East Wall road and again attempted to approach the cordon with linked arms, according to the report. The report then describes Garda forces using batons as well as pepper spray to subdue or turn away protestors.
“Gardaí advanced aggressively on protesters and a number of injuries were sustained” The report says, in its summary of observer sightings present at the incident. “One protester, who was standing in front of a public order gardaí with his hands raised in surrender, was pushed with significant force and fell to the ground, resulting in a broken wrist. As the crowd was retreating, gardaí used batons dangerously close to the heads of protesters, risking injury. One garda continued to use his baton as the crowd was retreating and continued to run into the crowd after it had been dispersed to strike a retreating protester.”
Around 10 minutes after the second clash and subsequent use of force by the gardaí, The Public Order Unit “advanced on loosely assembled protesters” according to the report. The reports describes protestors being “unable to hear garda instructions”, and several other protestors informing the authorities “that there were many injured people on the ground, who were unable to move.”
In their analysis of the events the Network’s report cited United Nations directives requiring police to provide “detailed justification” when dispersing or interfering with peaceful protests. Further, the report accused the garda of violating their own directives, specifically article 17.1 of the Incapacitant Spray Policy manual used by An Garda Síochána. The manual states that pepper spray should be “available to Gardaí when faced with violence or the threat of violence and it is reasonable to believe that such violence or threat of violence may result in injury to themselves or others, including self-harm by an individual.” Observers with the network found no evidence that the protestors caused enough harm to warrant action according to the manual itself, despite the fact that the report admitted that protestors were “disruptive”.
In their conclusion, the report gives an overall claim that “Gardaí justified their behaviour on the basis of maintaining traffic movement through key infrastructure (the port tunnel and access to the M50) but their actions were disproportionate and in violation of their own policies.”
Additional reporting by Audrey de Groot
— UPDATE — October 16th 2025, 12:34pm
An Garda Síochána has given the following statement on their involvement in the events laid out in this article, as well as the report from The Irish Network of Legal Observers:
An Garda Síochána attended at and monitored a number of public gatherings in Dublin city on Saturday, 4th October 2025.
There is a constitutional right to assemble peaceably, subject to statutory provisions.
An Garda Síochána respects the right of citizens to exercise their constitutional rights subject to statutory provisions, including the Criminal Justice (Public Order) Act 1984 amongst other legislation.
An Garda Síochána facilitates peaceful protest while protecting the rights of individuals to travel freely and commercial organisations to conduct business.
Any Garda activity in relation to evolving events involves a graduated policing response taking into account relevant legislation and public safety, with enforcement as a last resort.
In statements issued about these public gatherings An Garda Síochána highlighted that “there was a co-ordinated and concerted effort to physically breach the Garda cordon”.
This is confirmed in the ICCL report which states that at the gathering at 14.08 “Protesters locked arms and tried to force their way through the garda line” and at the gathering at 15.55 “protestors with linked arms began to push against the garda cordon”.
The ICCL reports fails to reference the repeated warnings from individual Gardaí for those present to ‘get back’ and also fails to reference a number of missiles being thrown towards the Garda lines, which precipitated the further deployment of the Garda Public Order Unit, with shields, as part of an ongoing graduated policing response.
The report does not address whether protesters trying to “force their way through a Garda line” or ‘push against the garda cordon’ is a peaceful form of protest. According to the ICCL such action is merely “disruptive”.
Members of An Garda Síochána have a reasonable expectation to carry out their duties without members of the public trying to “force their way through the Garda Line” or “push against the garda cordon” putting the safety, health and welfare of those Garda members, doing their duty, at risk.
Any person with a concern as to how they have been treated by any member of An Garda Síochána can make a complaint to Fiosrú, The Office of the Police Ombudsman. It is a matter for the legal observers to comment on whether they have made such a complaint.
