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MAY
2006
david wright judicially reviews secretary of state
The judicial review of the decision by Peter Hain to convert the Billy Wright Inquiry was heard by the High Court in Belfast. They sat for four days (17th, 18th, 19th and 31st May). Our researcher Caroline Parkes attended as our observer and her report will be available on our website soon. BIRW, the Committee on the Administration of Justice (CAJ) and Amnesty International made a joint third party intervention in the case, as did the Northern Ireland Human Rights Commission. All four organisations argued that the Inquiries Act 2005 was incapable of providing an effective investigation into the murder of Billy Wright in the Maze Prison in December 1997 and the allegations of collusion considered by Judge Cory. Judgment was reserved on this important test case, the first challenge to the validity of the Inquiries Act.
police officers apply for anonymity in the robert hamill inquiry
The Robert Hamill Inquiry sat on 15th and 16th May to hear a number of applications for anonymity by serving and former police officers. The Inquiry had already ruled against their applications on paper, but the officers, who were not backed by the PSNI, exercised their right to make their case orally. The hearings were held almost entirely in private, but Maggie O’Conor represented CAJ and BIRW in arguing that, as independent observers at the Inquiry, we should have been informed about the hearings. As a result of her representations, CAJ and BIRW have been invited to make written submissions to the Inquiry on the general principles at stake in relation to anonymity for the police officers, many of whose names are already in the public domain. The hearing stands adjourned.
US FINUCANE RESOLUTION PASSED RESOUNDINGLY
The Resolution calling for an independent public inquiry into the 1989 murder of Belfast lawyer Patrick Finucane was passed by the American House of Representatives on 18th May 2006 by 390 votes to 5. A similar Resolution is now up for debate in the Senate, where it is also expected to gain cross-party support. BIRW has written to every member of the Senate urging them to support the Resolution. The text of both Resolutions is available on our website.
KEN BARRETT BENEFITS FROM EARLY RELEASE
Ken Barrett, the only person so far to have been convicted for the murder of Patrick Finucane, was released from prison on 23rd May 2006, having served just under 3 years of his 22-year sentence. He benefited from the terms of the scheme for the early release of prisoners which arose from the Good Friday peace agreement, although there is some doubt whether he met all the criteria for the scheme. His release makes no difference to the Finucane family’s quest for justice, but merely marks another milestone in the injustice which has beset this case.
SUPPORT FROM THE IRISH RECONCILIATION FUND
I am delighted to acknowledge with gratitude a grant of €25,000 (c. £17,000) from the Irish Reconciliation Fund towards our working in helping victims of the conflict deal with the past. In his letter informing us of the award Minster for Foreign Affairs Dermot Ahern TD said, “I greatly appreciate the contribution being made by your organisation to the process of peace and reconciliation, and the promotion of improved relations between people on the island of Ireland and between Ireland and Great Britain.”
McGurk’s Bar
Caroline Parkes travelled to Belfast at the beginning of the month to meet Alex McLaughlin and the Victims and Survivors Trust. Alex’s father was killed in the bombing of McGurk’s Bar on 4th December 1971, when 15 people died. At the time, a campaign of misinformation by the security forces promoted the idea that the IRA had been responsible. In 1978, a UVF member was convicted of driving the bombers to the site. BIRW will be carrying out research into this case. As part of that research, Caroline has visited the Imperial War Museum Sound Archives to listen to an interview with Kathleen O’Hanlon, a nurse who worked in Belfast through the conflict, and who provided useful accounts of serious incidents in the 1970s.
congratulations in order
Warm congratulations to Sarah Cooke, who this month received the OBE awarded to her in the New Years Honours List. Sarah, who is a member of BIRW’s Management Committee and the former Director of the British Institute for Human Rights, received the honour in recognition of her services to human rights.
I too received a lesser honour this month, in that I was short-listed for the prestigious Beacon Award in their leadership category. Although the award went to Paul and Diana Lamplugh, it was gratifying to hear that the considered my work to be “truly remarkable”.
If you are a secret admirer of BIRW’s work, why not celebrate Sarah’s lasting and my fleeting fame by making a donation? Just visit our website and press the DONATE NOW button, or send us a cheque.
SHOOT-TO-KILL AND OPERATION KRATOS
BIRW has written to the Joint Committee on Human Rights, the Eminent Jurists Panel on terrorism, counter terrorism and human rights, the United Nations Special Rapporteur on human rights and counter-terrorism, the UN Human Rights Committee, the UN Committee against Torture, the Special Rapporteur on extra-judicial, summary or arbitrary executions, and the Independent Police Complaints Commission on the issue of Operation Kratos and ‘shoot-to-kill’ as operated by the Metropolitan Police.
extraordinary renditIon
On 15th May Caroline Parkes attended a lecture organised by , as part of their series on the international rule of law, by Professor Philippe Sands QC entitled Extraordinary Rendition, Complicity and its Consequences. Professor Sands explored the development of extraordinary rendition and its relationship to the so-called ‘war on terror’. He placed a strong emphasis on Britain’s potential complicity in extraordinary rendition and our international responsibilities regarding the prohibition on torture.
BALLYMURPHY
BIRW has written to President Bush’s Special Envoy concerning the situation that has arisen in Ballymurphy. It has been widely misreported as a feud between two families, both of whom have suffered the murder of a family member. Joseph O’Connor was murdered on 13th October 2000. It is widely believed that he was killed by the IRA. Gerard Devlin was murdered on 3rd February 2006 and members of the Notorantonio family, of whom Joseph O’Connor was a member, have been charged with his murder. Recently, the Independent Monitoring Commission, the watchdog on the paramilitary ceasefires, confirmed that the IRA has been behind attempts to hound the whole of the extended Notorantio family out of the area. However, both families deny that there is a feud between them and both have appealed for no violence to be perpetrated in their names. BIRW’s prime concern is the apparent lack of any effective policing in Ballymurphy to bring the situation under control and prevent any further violence. Ballymurphy is a republican heartland in west Belfast. The PSNI’s ability to delivering effective policing there will be a test of the extent to which its attempts at reform have been successful.
another informer is shot
On 30th May 2006 UVF man Mark Haddock was shot six times and at the time of writing is in hospital in a critical condition. It has been widely reported that he worked for RUC Special Branch as an informer for many years, who until recently protected him from prosecution for a string of murders. At the time of the shooting he was out on bail for the attempted murder of Trevor Gowdy. In October 2005 BIRW took the unusual step of writing to the DPP asking him to oppose bail because we feared for the safety of someone who had been threatened by Mark Haddock, but also because we feared for Mark Haddock’s own safety. As Denis Donaldson’s death last month showed, being an informer is a dangerous occupation.
response to Policing Board’s Equality policy Screening consultation
BIRW has responded to the Policing Board’s latest round of consultations on its compliance with its duty under s. 75 of the Northern Ireland Act 1998 to promote equality of opportunity. As in the past, BIRW was somewhat critical of what we perceive as being a somewhat formulaic approach to this duty on the part of the Policing Board. It was refreshing, therefore, to receive an immediate response from the Board which showed that they had at least read our submission and given it some thought.
parades commission appointments a fiasco
On 19th May 2006 the Northern Ireland High Court ruled that the appointment of two members of the Orange Order to the Parades Commission was unlawful because the Secretary of State had not given sufficient consideration to the obvious conflict of interests that could arise in relation to adjudications over contentious parades, nor the need to reflect both nationalists and unionists on the Commission. The Secretary of State’s judgment was further called into question when it emerged that one of the members had given as referees the names of people who did not support their appointment – he later resigned from the Commission in consequence. The Parades Commission has in the past few years carried out its difficult task with integrity and common sense. Political gerrymandering of this kind can only weaken its authority and create tension rather than healing divisions.
welcome to erin
It is my pleasure to welcome Erin Dougherty, from Washington College of Law, who is interning with us until mid August. Erin is helping us to complete a long-standing project to create a comprehensive database of deaths arising from the conflict, which will enable us to work more effectively on our project on dealing with the past and will be a useful research tool for others. Our thanks to the Pat Finucane Centre for their invaluable contribution to this project.
Jane Winter,
Director,
31st May 2006.
For Peace Justice & Human Rights
