The Government is "actively considering" a request by a group of men subjected to extreme interrogation techniques in Northern Ireland in the 1970s to have their case reviewed by the European Court of Human Rights.
The men began High Court proceedings last week aimed at compelling the Government to ask the European Court of Human Rights to reconsider its 1978 judgment that their treatment did not amount to torture.
Europe ruled in 1978 that the men's treatment was inhumane and degrading but not torture.
However, new evidence on the case was revealed in an RTÉ Investigations Unit programme last June.
The Government has until Thursday 4 December to apply to the European Court to reconsider its verdict but has not yet given a decision.
The case was due to be heard before the President of the High Court, Mr Justice Nicholas Kearns, today.
However, the case was adjourned until tomorrow afternoon after Counsel for the State Michael McDowell said the matter was under active consideration and the Government was aware of the deadline.
Mr McDowell pointed out that the decision was one for Government and not for the Attorney General.
He told the court: "I cannot bind the Government here as to how or when they will decide. That is their prerogative.
"They are not saying they are going to consider it at any particular time or in any particular way."
Counsel for the men, Ronan Lavery QC, said however that the men would be heartened to know that the State was taking this "absolutely seriously".
He said if a decision was to be made by the Government tomorrow, he would not want to weary the court with an unnecessary hearing and therefore agreed the pragmatic thing would be to adjourn the case.
However, he said the Government's decision was required in the first place, before the case could proceed to the second stage if required.
Mr Justice Kearns said the clear implication from counsel for the State today was that "some sort of answer will emerge in a way that would not frustrate this whole application process".
He said if the case goes ahead it would raise issues about the separation of powers.
He adjourned the case until tomorrow afternoon.
