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JULY 2008
BIRW UPDATE
juLY 2008
UN EXAMINES UK’S HUMAN RIGHTS RECORD
Caroline Parkes, our Researcher, attended the UK’s examination by the UN Human Rights Committee, in Geneva. During the NGO briefing, Caroline raised the issue of the use of less lethal force by the PSNI. The concerns of all the NGOs who attended, including CAJ and Amnesty International, were reflected in the questions put by the Committee Members to the UK Government. Northern Ireland was the focus of a variety of questions including the use of AEPs (plastic bullets) and the public inquiries into the deaths of Robert Hamill and others as well as the failure by the Government to provide an independent investigation into the murder of Patrick Finucane.
The Concluding Observations of the Human Rights Committee, published in late July, indicated an excellent analysis of the UK’s failure to fully comply with the International Covenant on Civil and Political Rights. This was most clearly seen in their observations regarding Northern Ireland. The Committee expressed concern at the failure of the UK to establish or conclude a number of public inquiries into deaths in Northern Ireland, and at the use of the Inquiries Act. They said: “The State party should conduct, as a matter of particular urgency given the passage of time, independent and impartial inquiries in order to ensure a full, transparent and credible account of the circumstances surrounding violations of the right to life in Northern Ireland.” BIRW were very encouraged to see that the Committee shared their concern regarding the use of AEPs; the Committee called for the close monitoring of AEP use and the need to consider banning them if it is established that they cause serious injuries. With regard to the attempts by the Government to extend detention time in terrorist cases from 28 to 42 days, the Committee stated that any terrorist suspect should be promptly informed of any charges against them and tried (or released) within a reasonable time period. The Committee stated that the Government should monitor the situation in Northern Ireland to see if the specific criminal procedures outlined in the Justice and Security (Northern Ireland) Act 2007, which includes juryless trials, should be continued. Finally, the Committee raised concern at the broad use of the Official Secrets Act 1989, which may prevent the bringing of issues of public interest into the public domain; equally, they indicated that the UK’s Government’s application of libel law had discouraged critical media reporting on matters which were of serious public interest. The Committee also commented upon the slowness of the investigation into the death of Jean Charles de Menezes; the use of diplomatic assurances when deporting individuals to countries where they may face torture; the need for a review of the control order regime; and the broad and vague definition of the offence “encouragement of terrorism” in the Terrorism Act 2006.
UK wrong to bug ngos
The European Court of Human Rights has ruled in favour of BIRW, Liberty and the Irish Council for Civil Liberties in our long-standing case against the government for using the Capenhurst listening tower to intercept telephone calls between the UK and the Republic of Ireland. The Court ruled that our confidentiality had been unlawfully breached and that there were insufficient safeguards to prevent an abuse of state power. Although the listening tower no longer exists and the case arose before the Regulation of Investigatory Powers Act came into force, the ruling is relevant in many other cases, which is a source of great satisfaction, especially in view of a recent media report that people in Northern Ireland are six times more likely than people elsewhere in the country to be the subject of interception warrants. We would like to publicly thank our legal team, who did a fantastic job on our behalf.
BIRW INTERVENES AGAIN IN SOLICITORS’ BUGGING CASES
And speaking of bugging, BIRW has been given permission to intervene in the House of Lords in the Northern Irish cases concerning the wholesale bugging of solicitors’ confidential interviews with their clients and the bugging of a doctor’s examination of a prisoner. We intervened in this case at first instance, when the court ruled that an independent body should authorise the interception of such consultations, rather than the police. We have argued in the Lords that neither statute, the common law, nor international human rights law permits such interception in any circumstances.
GOVERNMENT APOLOGY RE McGURK’S BAR BOMBING DOES NOT GO FAR ENOUGHT
BIRW welcomed the adjournment debate about the McGurk’s Bar Bomb on 14th July 2008. The debate was organised by Michael Connarty MP, whose great- uncle Philip Garry was killed in the bombing. During the debate the Minister of State for Northern Ireland, Paul Googins, said: “Although my right honourable friend and I cannot speak for those ministers who made statements at the time, we are deeply sorry, not just for the appalling suffering and loss of life that occurred at McGurk’s Bar, but also for the extraordinary additional pain caused to both the immediate families and the wider community by the erroneous suggestion made in the immediate aftermath of the explosion, as to who was responsible. Such perceptions and pre-conceived ideas should never have been allowed to cloud the actual evidence.” While we welcome the apology, we do not think that late on a Monday night in an almost deserted chamber is the appropriate venue, for such a significant event, so we have written to the Secretary of State, Shaun Woodward, to request a formal, face-to-face apology, with all victims and their families present.
MONITORING THE GOVERNMENT’S RESPONSE TO HUMAN RIGHTS JUDGMENTS
BIRW has made a submission to the parliamentary Joint Committee on Human
Rights concerning the government’s implementation – or, all too often, non-implementation – of hrs decisions by domestic and international courts.
EUROPEAN COMMISSIONER FOR HUMAN RIGHTS DRAWS LESSONS FROM Northern Ireland FOR COUNTERING TERRORISM
Thomas Hammarberg the Council of Europe's Commissioner for Human Rights, has issued a Viewpoint, reminding governments that terrorism must be fought with methods which respect human rights and democratic values. "The experience in Northern Ireland underlines once again the importance of addressing the underlying causes of conflict" he says. "Effective programmes to tackle poverty, education gaps and discrimination are necessary as human rights requirements but also in order to prevent social exclusion, anger and violence". The full text is available at http://www.coe.int/t/commissioner/Viewpoints/previous2008_en.asp
THANKS TO MATRIX CHAMBERS
We are very pleased to acknowledge a grant of Ł2,500 per year for the next three years from the Matrix Causes Fund to assist in the production of our annual reports. Their support for our work is much appreciated.
JOIN US IN CELEBRATING THE LIFE AND WORK OF PATRICK FINUCANE
BIRW is organising a conference to take place on 14TH February 2009 in Dublin as part of a weekend of activities to celebrate the life and legacy of pioneering lawyer Patrick Finucane, murdered twenty years ago that month. A superb group of speakers includes Judge Peter Cory and Michael Mansfield QC. You can play a part in the celebration by sending us a donation towards the cost of the conference. Just visit our website and press the “donate now” button to make a secure donation, or send a cheque to BIRW at 13b Hillgate Place, London SW12 9ES. All donors will be acknowledged in the conference papers unless anonymity is requested.
secretary of state wrong to exclude dpp from the robert hamill inquiry
The High Court in Belfast has ruled that the Secretary of State for Northern Ireland applied the wrong test when he refused to join the Director of Public Prosecutions in the Robert Hamill Inquiry. The test applied was one of exceptional circumstances, when it should have been the public interest. BIRW made representations arguing in favour of the DPP’s inclusion getting on for two years ago. We have now been invited to make further representations before the Secretary of State reviews his decision. This decision falls to the Secretary of State rather than the Inquiry itself because the inquiry is being held under the Inquiries Act.
new counsel for the billy wright inquiry
The Billy Wright Inquiry has appointed Angus Stewart QC as its new Counsel to the Inquiry, after the previous Counsel, Derek Batchelor QC left under disputed circumstances. Mr Stewart will have his work cut out to be fully prepared by the time hearings resume in September.
RESIGNATION OF PRISONER OMBUDSMAN
The Prisoner Ombudsman, Brian Coulter, has resigned because he was not granted sufficient powers or independence to carry out his work. We applaud his decision. When the scheme was set up, we responded to the consultation paper saying that we could not support the creation of an office with so few teeth. We hope that the government will revisit the issue of prisoners’ rights and come up with a better scheme, rather than seeking simply to replace Brian Coulter in the present scheme, which is fatally flawed.
INVESTIGATION OF STATE-RELATED DEATHS BY THE POLICE OMBUDSMAN
BIRW has responded to a consultation exercise by the Police Ombudsman concerning guidelines for the investigation of state-related deaths. While we welcome the fact that we have been consulted, we feel that the proposed guidelines confuse the Police Ombudsman’s general remit with the specific requirements for complete independence required in such cases.
BILL OF RIGHTS CONFERENCE
BIRW attended a conference by the Human Rights Consortium, which provided an excellent update on the Bill of Rights. The conference drew together the Convener and the legal advisor for each working group of the Bill of Rights Forum as well as an independent external expert to discuss the work done thus far and the way forward. It was clear that the working groups had been impacted by the short time available to them and extensive debates about the phrase “the particular circumstances of Northern Ireland” stipulated in the peace agreement. Hopefully, work currently being undertaken by the Northern Ireland Human Rights Commission is taking these issues into account.
volunteering opportunity
BIRW is seeking a research/legal volunteer to help with a substantial but short-term piece of work. The ideal candidate will have excellent research skills; editing experience or legal training would be of benefit. This is an independent project focussing on one of the public inquiries currently ongoing in Northern Ireland and is a great opportunity for an individual who seeks to develop experience in human rights in Northern Ireland. You will need to be able to work independently, have a good eye for detail, and be able to confidently summarise often complicated documents. The role is based in Clapham South, London but could be home-based if required. Closing date: 20 August
Interviews: week commencing 26 August. This is a volunteer post; BIRW will pay reasonable travel expenses within the greater London area. If you are interested, please email a copy of your CV and covering letter, highlighting relevant experience to caroline.parkes@birw.org
MICHAEL McKEVITT LOSES APPEAL TO SUPREME COURT
It is with regret that we report that Michael McKevitt has again lost his appeal against his convictions for membership of the RIRA and directing terrorism. BIRW continues to have grave concerns about these convictions. Not only was the primary evidence against him that of a paid informer who had a vested interest in testifying, but vital police evidence that contradicted one of that informer’s claims was withheld by the prosecution until after the informer’s evidence was over.
31st juLY 2008
For Peace Justice & Human Rights
