Supporters of the five Mayo men jailed last year over opposition to the Corrib gas onshore pipeline have welcomed a finding in their favour by the EU Network of Independent Experts on Fundamental Rights.
The EU network's report for 2005 documents the imprisonment of the five men for an indefinite period last year as a restriction on the freedom of peaceful assembly allowed for under Article 12 of the EU Charter on Fundamental Rights.
The network's report notes that the five men had violated a court order restraining them from obstructing the construction of a gas pipeline by Shell E&P Ireland.
"The men, and their families and supporters, objected to the construction of the pipeline in proximity to their homes as they had safety concerns about the project," the report states.
Shell to Sea spokesman Dr Mark Garavan said the men welcomed the finding, but would prefer not to comment further while full injunction proceedings were still being taken by Shell E&P Ireland.
The next court hearing for Shell's permanent injunction application is October.
Mediation is still continuing between the two parties.
The EU network was set up by the European Commission at the request of the European Parliament in 2002 on a contractual basis, and its main remit is to monitor the EU Charter of Fundamental Rights.
It is due to be replaced by a permanent EU fundamental rights agency, but Ireland is one of seven member states delaying its establishment.
The author of the Irish section of the report is Donncha O'Connell, dean of NUI Galway's law faculty.
An information meeting on the future of the EU fundamental rights agency is due to be hosted in Dublin today by the National Consultative Committee on Racism and Interculturalism.
