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APRIL
2009
BIRW UPDATE
PRESTIGIOUS HUMAN RIGHTS PRIZE AWARDED TO BIRW: It’s official
We are very pleased to report that on 27 April 2009 the Council of Europe Parliamentary Assembly (PACE) officially ratified the decision made last month by a panel leading figures from the world of human rights. BIRW Chair Helen Shaw and Administrator Elizabeth Folarin will receive the award on our behalf in Strasbourg in June.
kader asmal receives order of luthuli
We are so pleased to report that our Sponsor for nearly two decades, Professor Kader Asmal MP, has received the prestigious Order of Luthuli from the President of South Africa for his contribution to that country’s liberation struggle, education and the environment. The last two matters reflect his excellent record as Minister for Education and for Forestry and Water at different times in the South African Administration. The first matter, of course, reflects his long years served in exile as a distinguished, but by no means servile, servant of the anti-apartheid movement. We are delighted that Kader has received the highest of South African honours in his own country and in his own lifetime. We are extremely proud to have him as a Sponsor. We are only surprised that services to human rights were not included in his long list of achievements, given his expertise and his contribution to the drafting of the South African Bill of Rights and Constitution. However, Kader’s list of achievements is so long that they had to stop somewhere!
rira claim murders of soldiers and denis donaldson
In an interview given to the Sunday Tribune on12th April 2009 the Real IRA claimed responsibility for the murder of two soldiers, Patrick Azimkar and Mark Quinsey, at Massarene barracks last month, and the murder of former Sinn Féin official and Special Branch informer Dennis Donaldson in April 2006. They shed no new light on the murder of Dennis Donaldson and it is unclear why the RIRA should have waited so long to make this claim. However, shortly after they did so it was announced that a man was in protective custody after leading the police to the sledgehammer used to break down Denis Donaldson’s front door at the time of the murder. In their newspaper interview, the RIRA also threatened the lives of five other alleged informers: Kevin Fulton, Martin McGartland, Christopher Black, Raymond Gilmour, and David Rupert (who gave very dubious evidence against 32 County Sovereignty Committee leader Michael McKevitt). The RIRA also indirectly threatened the life of Sinn Féin leader Martin McGuinness, who has described the soldiers’ killers as “traitors”.
The Sunday Tribune has now been threatened by the PSNI with the seizure and confiscation of material in relation to the claims by the RIRA under the provisions of the UK’s terrorism legislation. BIRW issued a press statement on 30 April 2009 and wrote to the Chief Constable of the PSNI Sir Hugh Orde. BIRW strongly supports the freedom of the press and the right of journalists to protect their sources.
the stevens team lives on
It would appear that the Stevens Team is still extant, despite last month’s threat to its budget. We understand that Judge Peter Cory also made representations to the Secretary of State about the importance of maintaining the massive Stevens archive. The Secretary of State, Shaun Woodward MP, has told BIRW that the archive will be preserved come what may, but that the Stevens team’s budget is a matter for the Chief Constable of the PSNI, which is itself wrestling with huge cuts.
PRISON SERVICE CONTINUES TO USE PAVA SPRAY
The Prison
Service of Northern Ireland introduced the use of incapacitant pepper spray in
the autumn of 2006 for a pilot period of one year or ten deployments, whichever
was the shorter. At the end of the year, the period was extended by another
years. PAVA has not been used at all in the last year, so instead of
concluding that it is unnecessary, the pilot period has been extended
indefinitely. PAVA is considerably more potent than CS gas.
We remain unconvinced that the deployment of PAVA is necessary or defensible. We believe that spraying prison officers with PAVA for training purposes is not acceptable; that the consequences for those with visual impairment and breathing difficulties could be serious and disproportionate; and that using the spray on adult men alone is discriminatory (not that we are for a moment advocating its use on women and children).
A BILL OF RIGHTS FOR NORTHERN IRELAND?
The Northern Ireland Human Rights Commission delivered its Advice on a Bill of Rights for Northern Ireland to the Secretary of State on 10 December 2009. The Northern Ireland Affairs Committee has now announced a short inquiry into the process towards a Human Rights Bill for Northern Ireland, focusing on the scope any such Bill would take. In response to the Committee’s call for evidence BIRW made written submissions urging the Committee to consider the original commitment to a Bill of Rights for Northern Ireland under the terms of the Good Friday Agreement, to incorporate a broad range of economic, social and cultural, as well and civil and political, rights and to ensure that the document is fully enforceable in the courts by an individual citizen. In our view, rights are not dependent upon the exercise of individual responsibility.
…. AND A BRITISH BILL OF RIGHTS?
On 21 April our Researcher Caroline Parkes attended a lecture by Michael Wills MP, Minister of State at the Ministry of Justice, on the recently launched British Bill of Rights and the relationship between rights and responsibilities.
On 22 April BIRW attended a conference hosted by the Joint Committee on Human Rights to discuss a British Bill of Rights. The three main political parties made presentations in response to the evidence of the Committee and the Government Green Paper, “Rights and Responsibilities: developing our constitutional framework”. Also at the conference were leading constitutional lawyers and academics and a range of other organisations including JUSTICE, Liberty, the Committee on the Administration of Justice and the Northern Ireland Human Rights Commission.
The conference was conducted under “Chatham House Rules” and debated the inclusion of responsibilities in any proposed British Bill of Rights, an idea which BIRW opposes on the basis that it would lead to litigation between individuals and the infringement and curtailment of individual liberty.
STALLING ON THE PAST AND THE FUTURE? THE EVIDENCE OF THE SECRETARY OF STATE FOR NORTHERN IRELAND to niac
Christopher Stanley, our Casework and Research Manager, observed the Secretary of State for Northern Ireland, Shaun Woodward MP, giving evidence to the Northern Ireland Affairs Committee in the House of Commons on 1 April 2009. The session had originally been organised to hear his views on the Report of the Consultation Group on the Past (“Eames-Bradley”). However, the subject matter of the session changed to cover recent political events in Northern Ireland. The Secretary of State noted that the recent murders of members of the security forces had been an attempt to undermine the political process but that they had failed.
BIRW understands this change of topic is indicative of the way in which many of the recommendations of the Eames-Bradley Report will be ignored. The government welcomed the Report but noted that its impact had been hijacked by one issue – that of a one-off recognition payment for the victims of the conflict. Predictably, the Secretary of State noted with approval the views of the Report regarding the limited value of public inquiries in Northern Ireland. BIRW has long campaigned for fully Article 2 compliant inquiries, which the government has always resisted. The timescale for consultation on the report is now open-ended.
On the Advice of the Northern Ireland Human Rights Commission to the Secretary of State, he noted that this was “admirable but unwieldy” and that there was no time on the current political agenda for a discussion even though he granted that the Advice potentially affected the Bill of Rights debate throughout the UK. BIRW maintains that a Bill of Rights for Northern Ireland should be enacted as soon as possible after a public consultation exercise.
BIRW fear that both the Eames-Bradley proposals and a Bill of Rights for Northern Ireland have been sidelined by the British government.
THE “WAR ON TERROR”
BIRW is participating in the intervention in the European Court of Human Rights in the case of Al-Saadoon. This is another case against the British Government testing whether the European Convention on Human Rights is applicable beyond the borders of the contracting state – in this instance British troops occupying territory in Southern Iraq. In addition, the case raises the question of whether it was lawful to transfer into the custody of the Iraqi High Tribunal two civilians previously held in British military detention despite the fact that the European Court of Human Rights had issued an order specifically stopping this transfer since the two men may face an unfair trial and possible execution.
BIRW continues to monitor cases such as these on the basis of our remit to work for the abolition of torture and arbitrary detention and our continuing demands for Article 2 compliant investigation processes when human rights abuses have been alleged. In this respect BIRW will monitor the litigation in the European Court of Human Rights against Britain in the cases of Al-Skeine and Al-Jedda both of which involve similar questions of jurisdiction, custody, unlawful killing and torture.
BIRW awaits developments in the case of the Guantanamo Bay detainee Binyam Mohammed whose allegations of torture by US forces in collusion with MI5 have been sent by the Attorney General to the Director of Public Prosecutions.
BIRW attended a Joint Committee on Human Rights hearing on the UK’s compliance with the United Nations Convention against Torture. Oral evidence was heard from Craig Murray, former British Ambassador to Uzbekistan, on the use of intelligence, by the UK, gained through torture by the Uzbek security forces. Philippe Sands QC, Professor of Law at University College, also gave evidence on the definition of complicity with torture and its relationship to the Convention.
THE SECOND REPORT OF THE INDEPENDENT REVIEWER
BIRW responded to a call for evidence from the Independent Reviewer of the Justice and Security Act (Northern Ireland) 2007. We highlighted our concerns about the decision, by the Chief Constable, to introduce the Special Reconnaissance Regiment to Northern Ireland, which had its origins in the infamous Force Research Unit, and the use of less lethal force in public order situations.
WOMEN OFFENDERS IN NORTHERN IRELAND
BIRW responded to the NIO’s draft strategy for the management of female offenders. Again we raised our concerns at the lack of action in the provision of an appropriate and discreet facility for female prisoners. We argued that the continued failure of the NIO to address the need for a designated women’s prison undermined attempts to consult on any proposals for women prisoners.
CORONERS AND JUSTICE BILL 2009
BIRW made a submission to members of the House of Lords to coincide with the second reading of the Coroners and Justice Bill, which will now take place on 18 May. Our concerns focussed, as before, on the proposals for “secret inquests” and the decision to apply only some, more negative, aspects of the Bill to Northern Ireland, while ignoring the specific needs of those bereaved because of the conflict.
RESPONSE TO THE NORTHERN IRELAND POLICE BOARD
BIRW made a submission to the Policing Board on their Policing Plan. Our comments focussed on issues including recruitment, the use of targets and objectives and the continued need to adequately deal with the past. BIRW also wrote to the Assistant Chief Constable as part of our ongoing dialogue on the use of tasers and the dangers involved in their deployment and use.
In addition to our response to the Policing Plan, BIRW made submissions on the Policing Board’s 4th Human Rights Annual Report. BIRW is concerned by both the introduction of tasers and the failure by the Chief Constable of the PSNI, Sir Hugh Orde, to follow the correct procedure for their introduction. BIRW is disturbed by the PSNI’s expanding arsenal which including plastic bullets. We are also concerned about the failure to bring prosecutions in the Omagh bombing and the murder of Robert McCartney.
MEETING AT HILLSBOROUGH: THE BLOODY SUNDAY INQUIRY REPORT
BIRW Director Jane Winter travelled to Hillsborough this month for a meeting with the Secretary of State and his Minister together with some of the relatives and victims of the Bloody Sunday killings. Also present were their lawyer and Mark Durkan of the SDLP and Raymond McCartney of Sinn Féin. The Bloody Sunday Inquiry opened in 2000. Lord Saville’s Report is expected to be published later this year, almost five years after the Inquiry concluded. The meeting discussed possible arrangements for the publication of the report.
GIVING TO CHARITY IN CREDIT CRUNCH TIMES
Christopher Stanley attended a training course in the City of London organised by the Charities Aid Foundation on the subject of online fundraising. BIRW already deploy a number of online facilities to encourage donations in this way but there are many other possibilities available. On the publication of the Sunday Times Rich List Caroline Parkes attended a Sunday Times Giving List event in the City of London which gave rise to a number of further funding possibilities in these credit crunch times and examined the state of philanthropy in the UK. BIRW is aware of the squeeze on resources during a recession but we continue to encourage donations in support of our work; secure donations can be made via our website, and every penny helps!
WELCOME TO NEW INTERNS
BIRW is pleased to welcome a number of interns to assist in our inquiries project examining the transcripts of the public inquiries into the murders of Robert Hamill, Billy Wright and Rosemary Nelson. Hannah Riordan, Caroline Inglesant, Alison Gurden, Jennifer Barker, Sanna Baymani and Simon Behrman will be working on this project for the next couple of months.
30th april 2009
For Peace Justice & Human Rights
