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AUGUST 2006
is the police ombudsman shooting the messenger?
We were baffled by the arrest of former RUC officer and whistleblower Jonty Brown, among other former officers, by the Police Ombudsman this month. Jonty Brown has courageously exposed the protection the Special Branch has given to informers, some of whom have been serial killers. We were concerned that his arrest sends the wrong message to others who may have important information about collusion. We were also concerned that the high profile nature of the arrest amplifies that message and may also put lives at risk.
Hamill inquiry rules on anonymity
The Robert Hamill Inquiry has published a redacted version of its ruling on anonymity on its website (www.roberthamillinquiry.org). A large number of people, including many former and serving police officers, sought anonymity, but the Inquiry granted anonymity to just one applicant, on medical grounds. BIRW had some concerns about the way in which the anonymity hearings were handled, which we raised with the Inquiry, but we are glad that they approached the issue in the right way, on a case-by-case basis, and did not grant blanket anonymity. Those who were refused anonymity have judicially reviewed the Inquiry and were granted leave to bring their case on 22nd August 2006.
PROLONGED DETENTION FOR TERRORIST SUSPECTS
We have responded to the Home Affairs Committee’s inquiry into the case for prolonged detention of those suspected of terrorist crimes. BIRW agreed with the Committee’s overall criticism of the manner in which the government sought to increase the period of detention. However, we were unable to agree with the Committee’s findings that there was a case to be made for the extension of time spent in detention. When the Committee comes to consider the question of prolonged detention in the future, we have urged them to bear in mind that far too much of the thinking behind counter-terrorism measures is based on the “ticking bomb” principle, that is that there is a need to obtain information urgently in order to prevent terrorist outrages. However, in reality, most suspects are detained either after an act of terrorism has been committed or after a discovery of explosives, poison, or other materiel that might have been used in a terrorist attack. It was “ticking bomb” thinking that led to the shooting of the wholly innocent Jean Charles de Menenez last year, and to the shooting and arrests in Forest Gate last June. In our view the key to the effective prevention and detection of terrorist crime is sound intelligence, which can only be gained when the communities in which terrorists hide have sufficient confidence in the system of justice to freely co-operate with those seeking to combat terrorism. Incidents such as Stockwell and Forest Gate do not foster that confidence, and neither do oppressive measures such as prolonged detention without trial. The current period of 28 days is far too long, in our view, and there needs to be a fundamental shift away from “ticking bomb” thinking to innovative methods of policing that will eradicate any need for oppressive measures that alienate the very people whose assistance is required in order to combat terrorism.
REPORT ON “HUMAN BOMBS” SENT TO HISTORICAL ENQUIRIES TEAM
This month BIRW sent a confidential report to the Historical Enquiries Team on the three incidents that occurred on 24th October 1990, when the IRA attacked three army installations using what have come to be known as “human bombs”. In each case they forced innocent civilians who had some connection with the security forces to drive vehicles laden with explosives into army installations and then detonated the bombs. One of these civilians was killed, another was injured. Six soldiers also died, and at least 33 soldiers and civilians were injured. The targets were the army checkpoint at Coshquin, just outside Derry, the checkpoint at Cloghogue, south of Newry, and Lisanelly Barracks at Omagh. The first two bombs went off almost simultaneously shortly after 4:00 am, and wreaked terrible damage. The third exploded at 7:45 am, but fortunately the explosives failed to ignite and no-one was hurt. It is known that at least two security force agents were involved in these bombings, and allegations have been made that the “human bomb” strategy was the brainchild of British intelligence. Questions arise as to whether the RUC, An Garda Síochána and the army’s Force Research Unit had prior and/or subsequent intelligence about the bombings. These questions in turn lead to concerns about whether these attacks could have been prevented and why no-one has been brought to justice.
another attempt to seek justice for dismissed irish soldier
BIRW have written for a fifth time to the Taoiseach, Bertie Ahern TD, seeking justice for Donal de Roiste. He was forced to retire from the Irish army at the age of 24 on a nebulous, anonymous charge of consorting with subversives which was wholly without foundation. He was a loyal Irish citizen who wanted only to serve his country. His disgrace led to a rift with his father that remained unhealed throughout his father’s lifetime. Don Mullan’s book, Speaking Truth to Power, sets out the whole sorry story. Why is it that governments find it so difficult to admit that they have wronged one of their citizens?
drugs in jail
BIRW has responded to a consultation from the Northern Ireland Prison Service on the issue of drugs in prisons. On a general level, BIRW were supportive of the initiatives this policy proposes, including reducing the supply of drugs in prisons. The emphasis on an inter-agency holistic approach, where the NIPS will work with local health authorities, combined with the provision of treatment equivalent to that available in the wider community is a positive development. However, BIRW were wary of the emphasis within the policy on localisation – which in practice meant that sections of the policy would be devised by the Governors of individual prisons. Our concern is that the human rights element, and equality screening of such policies, would be lost in this process. We asked the NIPS to address this issue with care. We also raised the importance of parity of treatment within the prison regime between separated and integrated prisoners, and the need to recognise that some prison staff can be as involved in the drugs trade as prisoners.
child informers
BIRW were alarmed to find, buried within a Police Service of Northern Ireland policy on child protection, a paragraph sanctioning the use of child informers. BIRW has written a sturdy response to this element of the policy, arguing that no child should ever be used as an informer, in particular considering the danger involved.
COLIN WORTON
We have written to the Police Ombudsman asking her to investigate the shortcomings of the police investigation into the murder of Adrian Carroll, which led to the convictions of the UDR Four. Three of the soldiers were ultimately acquitted, but Neil Latimer, whose case was turned down by the Court of Appeal after it was referred back by the Criminal Cases review Commission, remains convicted. BIRW considers his conviction to be a miscarriage of justice. Colin Worton stood trial alongside the UDR Four, but the judge found that he had no case to answer. However, the army apparently thought he was guilty by association, and failed to renew his contract with them. All the men claimed to have been put under extreme pressure by the RUC, which led to them making false confessions. The RUC also ignored credible witnesses whose evidence contradicted their theory, while painting an inherently unconvincing picture of the murder. Colin Worton also has the support of the Interim Commissioner for Victims and Survivors, the Northern Ireland Human Rights Commission and cross-party political support.
SINN FÉIN’S HUMAN RIGHTS POLICY
BIRW has commented on Sinn Féin’s “Rights for All” discussion document. While there is much to approve in the document, and while we welcome any political party in Northern Ireland engaging with human rights, we think that it is important for those parties to take on board human rights issues which can affect the credibility of their commitment to human rights. In Sinn Féin’s case, their failure to provide community leadership in the tense situation existing in Ballymurphy and their insistence that Jean McConville, whom the IRA disappeared and murdered, was an informer, undermine their vision of respect for human rights throughout the island of Ireland.
FAREWELL TO MATT
This month saw the end of the internship of Matthew Barrett from Emory Law School in Atlanta. Our thanks to him for his work and our best wishes for the future.
Jane Winter,
Director,
25th August 2006.
For Peace Justice & Human Rights
