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JANUARY
2006
STORMONTGATE: THE AFTERMATH
It has become abundantly apparent in the aftermath of the Stormontgate affair that British intelligence services, be they Special Branch, military intelligence of MI5, have had both the republican and the loyalist movements in Northern Ireland deeply penetrated throughout the conflict. Far from saving lives, this strategy has deepened and lengthened the conflict, as people were allowed to die in bombings and shootings, and others were branded as informers and murdered, in order not to blow agents’ cover. There are lessons to be drawn for those on all sides of the community, who may now begin to realise that they were being used and abused and that they perhaps have more in common than they realised. There are also lessons for everyone in the United Kingdom, whether within Northern Ireland or outside it. Those same practices, along with torture, are doubtless being carried on in other parts of the world where the UK is only too happy to preach adherence to human rights standards. What was done and is done was done and is done in our name and with our taxes. No-one who cares about human rights should stand for that.
Support from two garden court chambers
I am delighted to acknowledge a fourth instalment of £2,500 from Two Garden Court Chambers, who have supported British Irish RIGHTS WATCH’s work for many years. It is not only the money, which is always needed, but the fact that a set of Chambers whose own work we respect so highly supports us, that we appreciate so much.
HUMAN RIGHTS DAY APPEAL
Grateful thanks also to all those who responded to our Human Rights Day Appeal. We have received around £1,100 so far. If you are one of those who meant to send us a cheque but have not got round to it, it is never too late; please consider sending a donation to 13b Hillgate Place, London SW12 9ES. We need your support!
Northern Ireland Offences Bill dropped
On 11th January the Northern Ireland Offences Bill, known as the “on the runs” law, was dropped by the government after a universal outcry against its provisions. Probably the majority of those who opposed the Bill did so because it would have allowed mainly republicans who had escaped from jail or skipped bail to go free. However, the real problem with the Bill was that it would have allowed state actors involved in collusion to do so as well. It was far and away the worst Bill ever introduced by a government whose record on human rights has been appalling. We are glad to see the back of it, but are wary in case it re-merges in a different guise. Those who are given extraordinary powers on our behalf – to carry and use weapons, to lock people up, to tap telephones – must not be allowed to act with impunity if they abuse our trust.
SPECIAL EMERGENCY POWERS FOR Northern Ireland RENEWED
It is not all good news on the legal front, however. The government is renewing those parts of the Terrorism Act 2000 that apply only to Northern Ireland until 31st July 2000. It has long been BIRW’s view that the ordinary criminal law is sufficient to deal with terrorism is arising out of the situation in Northern Ireland, and that the sooner measures such as the no-jury Diplock courts are removed the better.
seamus ludlow
BIRW has made a submission to the Sub-Committee on the Baron Report of the Murder of Seamus Ludlow of the Joint Committee on Justice, Equality, Defence and Women’s Rights. We have three primary concerns about the murder of Seamus Ludlow. First, no-one has been made amenable for his murder although the identities of the alleged perpetrators have been known since at least 1977. Secondly, although ascribed to the loyalist paramilitary organisation the Red Hand Commando, two of the alleged perpetrators, were serving members of the Ulster Defence Regiment. Thirdly, the murder involved a serious cross-border incursion which does not appear to have been investigated or acted upon. On 24th January I travelled to Dublin to testify before the Sub-Committee. I asked them to recommend a public inquiry under the Tribunals of Inquiry Act 1921 (which still exists in Ireland), as the only mechanism capable of involving the family, who have consistently been left in the dark and lied to in the past, and of providing an effective investigation which is complaint with the European Convention on Human Rights. I also asked them not to recommend a Commission of Investigation, as they did in the case of the Dublin and Monaghan bombings, because it would prevent any participation on the part of the family and would not be human rights compliant.
historical enquiries team
The PSNI’s Historical Enquiries Team opened shop on 9th January 2006. It will be looking at all unresolved murders related to the conflict between 1969 and 1998. There are many who have reservations about the HET, because it is not independent of the police and, as the HET themselves acknowledge, they are no substitute for a truth and/or reconciliation process. Nonetheless, they have vowed to share as much information as possible with bereaved families. BIRW will be monitoring their work closely. We met the HET on 26th January to hear about their plans, and on 18th January I gave a talk to their 60 or so investigation officers abut what has gone wrong with murder investigations in the past.
PLASTIC BULLETS
BIRW has at last been able to establish the facts about the numbers of AEPs, the new type of plastic bullet, fired in Northern Ireland in 2005. A brand new version of our comprehensive report on plastic bullets is available on our website. It makes for disturbing reading.
On 24th January Caroline Parkes attended a lecture given by Keir Stammer QC, one of the Policing Baord’s Human Rights Advisers, organised by the Human Rights Lawyers Association, on the use of lethal force in Northern Ireland. Using the examples of events in the Ardoyne in July and Whiterock in September, he addressed the very complex nature of policing in Northern Ireland today. A discussion with the audience followed and proved an interesting insight into the human rights implications of using AEPs and live firing in crowd control situations, for which AEPs are not suitable.
EQUALITY MATTERS
Caroline Parkes attended a half-day conference on Section 75, which places a duty of public authorities to promote equality of opportunity, and the impact of equality legislation in Northern Ireland, in Belfast on 20th January. The four speakers were drawn from all sides of the debate and included the head of the Equality Commission and a representative from the Office of the First Minister and Deputy First Minister. The conference outlined the success of the legislation thus far, and addressed the potential issues and challenges of the future.
BIRW has also made a submission to the Equality Commission on their draft Corporate Plan 2006-09.
the powers of the human rights commission
We have responded to yet another government consultation on the powers of the Northern Ireland Human Rights Commission. The government has starved the Commission of powers that it needs ever since its exception, and has dragged its feet disgracefully over granting them the full powers they need in order to work effectively. The tenor of the government’s response to the Commission’s recommendations is not encouraging. We are increasingly concerned that, in setting up the only Human Rights Commission in the UK in Northern Ireland, the most difficult of all jurisdictions, the government was doing so in order that the experiment might fail. We can only hope that we are wrong about this.
monitoring human rights compliance by the police
BIRW has responded to a consultation by the Human Rights Advisers attached to the Policing Board concerning their monitoring of compliance with the Human Rights Act 1998 by the Police Service of Northern Ireland. Among the areas we have suggested they investigate are collusion, sectarianism, plastic bullets and family liaison.
us country report 2005
We have provided a briefing for the American Embassy in London on its annual report of the UK’s compliance with international human rights standards during 2005. Given the USA’s own record on hrs, both at home and abroad, we are surprised they feel justified in criticising the human rights practices of other countries, but nonetheless their scrutiny of the UK can be helpful.
Jane Winter,
Director,
31st January 2006.
For Peace Justice & Human Rights
