The baton strikes occurred as the man was already held down on the ground by the garda with the baton and a second garda. The incident occurred on Tuesday during a spontaneous protest at Trinity College Dublin in response to an appearance by former US President Joe Biden.

President Biden and former first lady Jill Biden were in attendance at a ceremony where their son, Hunter Biden, was receiving the Gold Medal for Outstanding Contribution to Public Discourse from the college Historical Society, the Hist.

The ICCL stated that it: “recognises and acknowledges that gardaí have a statutory obligation to preserve peace and public order, and to protect life and property. However, these obligations must be balanced with their obligation to facilitate the right to peaceful protest.

“Any use of force by gardaí must be necessary and proportionate. These fundamental human rights principles governing the use of force are found in An Garda Síochána’s own overarching use of force policy.”

The Garda policy states: “Members of An Garda Síochána will only resort to the use of force in accordance with the law and where it is necessary and proportionate in the circumstances as a last resort and where there is no realistic prospect of achieving the lawful objective by less intrusive means.”

The ICCL continued: “Repeatedly striking a person already restrained raises serious questions about the necessity and proportionality of the force applied, and the lawful objective. The location of the strikes on a person’s body is also relevant when assessing the necessity and proportionality of such use of force.

“Guidance from the UN Office of the High Commissioner for Human Rights on the use of less lethal weapons specifically notes that using batons against someone’s neck, throat or head should be avoided due to the risk of serious injury and high risk of death, including possible rupture of vital organs. The guidance also states that if batons are to be used in a potentially lawful manner – against individuals who are either inflicting or threatening to inflict injury on a law enforcement official or a member of the public – such baton strikes ‘should be targeted against the assailant’s arms or legs’.”

The ICCL further stated that Gardaí also have an obligation to facilitate the role of legal observers at protests, including when a protest is dispersed.

In advance of nationwide protests expected this week and in light of increased and high-profile security arrangements and restrictions on movement in Dublin, the ICCL urges An Garda Síochána to ensure that all gardaí involved in public order policing – including frontline gardaí and members of the Public Order Unit – uphold their obligation to facilitate the right to peaceful protest and observe their use of force policy.