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OCTOBER
2008
BIRW UPDATE
OCTOBER 2008
terrorism bill drops 42-day detention and secret inquests but retains attack on confidentiality
The government appears to have seen sense and realised that undermining human rights and curtailing civil liberties will weaken rather than strengthen the fight against terrorism. BIRW was delighted when the government removed the clause enabling terrorist suspects to be detained for up to 42 days from the Counter-terrorism Bill 2008. We opposed the introduction of 28 day detention, which we felt was an unnecessary addition to the statute books. Detention for 42 days without charge would have had even more serious psychological and social implications for both the detainee and his or her family. Inquiries on this issue by the Home Affairs Committee and the Joint Committee on Human Rights indicated that there was no consensus in favour of this proposal within government, Parliament or wider society, nor had the government made an adequate case for the extension. BIRW, along with many other human rights NGOs, lobbied MPs and members of the House of Lords extensively on these issues.
BIRW also welcome the dropping of the “secret inquests” clause in the Bill, which included the use of specially-appointed coroners in controversial cases. Considering the government’s already poor record on the provision of investigations that comply Article 2 of the European Convention on Human Rights, which protects the right to life, and the extended delays in inquests in Northern Ireland, any attempts to further undermine the coronial system would have been a serious blow to bereaved families in both England and Wales and Northern Ireland. However, BIRW remains concerned by the continued inclusion of several other clauses such as the disclosure of information to the intelligence services and the proposals for the use of that information, where restrictions such as legal privilege and confidentiality no longer apply.
BIRW IS RECRUITING
Ever thought you’d like to work for BIRW? Well, this may be your chance. We are looking for a Research and Casework Manager (28 to 35 hours a week, negotiable) and a part-time Administrative Assistant (16 hours a week). Go to our website: www.birw.org for how to find out more.
support from the usA
We are delighted to report that the Hilda Mullen Foundation has donated a further $40,000 in support of our work. Their consistent backing is a source of great encouragement to us. We should also like to thank the American Ireland Fund for facilitating this generous grant. If you would like to support our work, you can do so through a secure link on our website: www.birw.org
dealing with the past
On 23rd October our director, Jane Winter, met the Consultative Group on the Past, whose report is expected before the end of the year. When the Group was first established by the Northern Ireland Office without any consultation with the public and given only one year to report, we feared that it was an exercise is sweeping the past under the carpet. However, it seems that the NIO was taken by surprise by the overwhelming public response, and the Group has worked hard to listen to all points of view and tackle the underlying issues, such as the lack of any agreed narrative about Northern Ireland’s past, and the need for many kinds of support for all victims. We await their report with interest, but at least they are asking the right questions.
PSNI AND POLICING BOARD BOTH GET IT WRONG ON “LESS LETHAL” FORCE
On 3rd October the United Nations Committee on the Rights of the Child condemned the use of AEPs (plastic bullets) and tasers (electric stun guns), particularly in relation to children. Yet only the previous day the Policing Board, by a majority vote, agreed to back the PSNI’s deployment of tasers, and the PSNI continues to defend a judicial review brought by a child concerning the devastating effect of these potentially lethal weapons on children. We don’t think the PSNI and the Board can have it both ways. Either their commitment to human rights is genuine, in which case they will listen to advice from the United nations, or they are just paying lip service to people’s rights. The idea that either AEPs or tasers would be used on children in any circumstances is horrifying.
THE UK’s RELATIONSHIP WITH THE UN
BIRW, and a number of other NGOs, met with members of the Human Rights Unit at the Ministry of Justice to hear about the UK government’s reports to United Nations bodies; this followed on from the UK’s examination by the Human Rights Committee in July 2008. Some of the issues explored indicated a need for government departments to co-ordinate their responses to the UN recommendations more uniformly, with greater depth and greater commitment. The government also needs to realise that often such recommendations are also obligations under international human rights conventions, to which the government is a signatory, and to pay more attention to actually implementing UN recommendations, rather than ignoring them.
FOCUS ON INQUESTS
BIRW has made a submission to the Joint Committee on Human Rights’ inquiry
into draft legislation (2008-09). Our submission focussed on the proposed Coroners and Death Certification Bill; although this Bill currently focuses only on England and Wales, we have real concerns that it may also be applied to Northern Ireland. The Bill ignores much of the work of Professor Tom Luce and his team in their Fundamental Review of Inquests (2003), who proposed robust changes to the coronial system in Northern Ireland as well as the rest of the UK. BIRW made a number of suggestions to the Committee including a need to take into account 30 years of conflict in Northern Ireland and the need for inquests to be provide an effective investigation, in line with Article 2.
REFORMING THE LAW ON MURDER
BIRW also made a submission to the Northern Ireland Office on proposed reforms to the law on murder, manslaughter and infanticide. We raised concern about the changes to the abolition of the existing defence of provocation and its replacement with “killing in response to words and conduct which causes the defendant to have a justifiable sense of being seriously wronged”, which seems to us too wide for comfort. We also noted the problems with three recent key trials in 2008 in Northern Ireland, namely the trials of Sean Hoey for the Omagh bombing, Davison and Others for the murder of Robert McCartney and Notarantonio/Burns for the murder of Gerard Devlin. It is crucial that any changes to the legislative definition of murder and manslaughter are reflected in appropriate action by the police, the Public Prosecution Service and the judiciary, to ensure reliable convictions and increased confidence in the criminal justice system.
ATTACKS ON DEFENCE LAWYERS
As we approach the twentieth anniversary of 1989 murder of Belfast solicitor Patrick Finucane, it is with great sadness that we have to report that some lawyers are still operating under an atmosphere of threat. Recently, lawyers have reported to us an assault on a solicitor by police officers, libel in the newspapers, and threats to their livelihoods because of cuts in legal aid. We are taking these issues up with the United Nations’ Special Rapporteur on the independence of judges and lawyers.
further arrests re murdered journalist
The tally of arrests in relation to the murder in 2001 of journalist Martin O’Hagan has risen to eleven. However, all but one of those persons has been released on bail. The eleventh has offered to give evidence for the prosecution and is being kept in protective custody. The appearance of a mystery Witness A also gives rise to concern. We are keeping the United Nation’s Special Rapporteur on freedom of expression informed of developments.
BILLY WRIGHT INQUIRY DELAYED
The Billy Wright Inquiry has announced that it will delay hearing police evidence until the New Year owing to “further unexpected and unavoidable delays”. The Inquiry has been dogged by non-disclosure and destruction of vital evidence, and this further setback is discouraging for all those who want to see the Inquiry bring its work to a successful conclusion.
NGOs MEET HISTORICAL ENQUIRIES TEAM
On 6th October director Jane Winter and researcher Caroline Parkes joined the Committee on the Administration of Justice and the Pat Finucane Centre in a meeting with Dave Cox and Philip James, who head up the PSNI’s Historical Enquiries Team, which examines deaths arising from the conflict. Central to our discussion was the issue of how to ensure that people who do not come to NGOs for help in dealing with the HET get as good a service from the HET as those who do seek our help. As always, we found the HET ready to listen and genuinely concerned to put victims at the heart of the process.
the government’s (lack of) response to human rights judgments
BIRW welcomes the response of the Joint Committee on Human Rights (JCHR) to our comments on the government’s response to human rights judgments. We had drawn attention at the ongoing delays in the cases of Jordan, Finucane, Kelly, Shanaghan and McShane v UK. The JCHR reiterated their concerns about the independence of inquiries under the Inquiries Act 2005, particularly in relation to the ability of family members to participate in such an inquiry. The JCHR also noted their regret at the delay by the government in implementing Article 2 compliant investigations.
31st OCTOber 2008
For Peace Justice & Human Rights
