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AUGUST
2009
SENATOR EDWARD KENNEDY
It is with great sadness that we mark the demise of Senator Ted Kennedy. He was a true friend of the whole island of Ireland. He cared very deeply about the conflict and, in particular, the peace process. A lifelong opponent of violence on all sides, he maintained his independent stance. He was staunch in his support for an independent inquiry into the murder in 1989 of Belfast solicitor Patrick Finucane, and also the 1999 of Lurgan lawyer Rosemary Nelson. But he had room in his heart also for deaths on the other side of the sectarian divide, such as those of Raymond McCord Jnr and Andrew Robb and David McIlwaine. He did not differentiate. Coming as he did from a family that had suffered the trauma of not one but two political assassinations, he had empathy with victims whoever they were. He was also a great reformer, taking up causes that were not always popular in America – health services, education, equality. We will not see his like again, other, of course, than in those whom he inspired, whom we hope are many.
POL BRENNAN DEPORTED
Pol Brennan was convicted of IRA offences in 1976 and he took part in the mass escape from the Maze Prison, after which he went to America, where he lived for 25 years, the past 20 of them with his American wife. He poses no conceivable threat to the security of the USA, but all pleas for clemency – including a letter from BIRW to President Obama – fell on deaf ears, and on 21st August he was deported to Ireland. He was shackled during the flight, a completely unnecessary and inhumane humiliation. No-one was waiting to arrest him when he landed. Northern Ireland is moving on, as most Irish Americans understand. It is a pity that the US administration is still, apparently, living in the past.
THE TRIAL OF MICHAEL CAMPBELL
BIRW will be making representations to the Irish and Lithuanian governments regarding the trial in Vilnius of Michael Campbell. Mr Campbell is accused of being a member of the Real IRA and of attempting to smuggle weapons back to the republican terrorist group in Northern Ireland. Mr Campbell was allegedly trapped in a sting operation organised by the British and Lithuanian security services. Mr Campbell has been in detention in Lithuania since January 2008. The trial opened this month and was immediately adjourned until October. It is Lithuania’s first terrorist trial and is expected to last for months. Mr Campbell’s brother Liam awaits extradition from Northern Ireland to Lithuania on similar charges having been arrested by the PSNI earlier this year.
NOEL McCREADY AND THE POYNTZPASS KILLINGS
BIRW has been contacted by lawyers representing Noel McCready who is serving a life sentence for the 1998 LVF attack on the Railway Bar, Poyntzpass. Life-long friends Phillip Allen and Damien Trainor were murdered in the attack. Mr McCready believes that he was eligible for release as a political prisoner under the terms of the Belfast/Good Friday Agreement. Mr McCready’s application to the Sentence Review Commissioners was rejected and he now considers himself to have been discriminated against. BIRW is considering making representations to the Sentence Review Commissioners in support of Mr McCready’s release.
THE KILLING OF BRIAN ROBINSON
As the twentieth anniversary approaches, BIRW continues to work with the Robinson family on the killing of Brian Robinson by undercover soldiers on 2nd September 1989 in the Arodyne. BIRW and the family are particularly interested if anyone has any further information about the incident.
birw meet independent reviewer
On 5th August BIRW met Robert Whalley CB, the independent reviewer of the Terrorism Act 2007. We reiterated our concern that there is no proper mechanism for dealing with complaints about the army. We discussed the policing of the marching season this year, where we felt that the PSNI, despite firing 21 plastic bullets, which we oppose because they are potentially lethal weapons, had acted with restraint. We also explained to Mr Whalley our strong conviction that there never has been, and certainly is not now, any need for special laws pertaining only to Northern Ireland.
NGOs COMPLAIN ABOUT LACK OF CONSULTATION AND EQUALITY CHECKS
On 13th August our director Jane Winter joined representatives of the Committee on the Administration of Justice and the Children’s Law Centre to complain to the Northern Ireland Office about their failure to consult NGOs about their plans to merge Districts Policing Partnerships and Community Safety Partnerships and their omitting to carry out an Equality Impact Assessment on the proposals. It was a constructive meeting and the outcome was that NGOs are now being consulted and the NIO has promised to conduct an EQIA.
another welcome ruling on control orders
The government's counter-terrorism strategy has suffered a further blow after the High Court revoked the control order of a suspect accused of links to al-Qaeda. The ruling comes after the Law Lords said terror suspects held under house arrest-style conditions must be allowed a better idea of the case against them. Mr. Justice Mitting revoked the order against a British man, known as AN. Revoking the order, Justice Mitting said that because the evidence against AN had not been disclosed, he had been left not knowing the "essence" of the case against him. This meant that the initial decision to impose the control order had been "flawed".
TORTURE ALLEGATIONS
An independent inquiry is needed into claims that UK security services were complicit in the torture of terrorism suspects, say MPs and peers. The Joint Human Rights Committee said it was unable to establish whether British intelligence officers were involved in the mistreatment of suspects. It also criticised government ministers and the head of MI5 for refusing to testify at parliamentary hearings on the claims. A spokesman said the government would neither solicit nor encourage torture. In a highly critical report, the joint parliamentary committee said there were now a “disturbing number of credible allegations" of British complicity in torture.
BIRW and the Prisoner ombudsman for northern ireland
BIRW Research Caroline Parkes made submissions to the Prisoner Ombudsman for Northern Ireland following the publication of her report into the suicide of Colin Bell at HMP Maghaberry. Caroline’s submissions were followed up by a meeting between the Ombudsman Pauline McCabe and BIRW Research and Casework Manager Christopher Stanley in Belfast this month. Mrs McCabe was pleased to welcome the support of BIRW for her office and our encouragement that the position should be properly resourced and placed on a statutory footing. The Ombudsman introduced her first Annual Report which was formerly launched the following week. The Ombudsman briefed BIRW on the work of her office and on future expansion including raising awareness of her office with prisoners and their families, recruiting more investigators and relations with the Northern Ireland Prison Service and other organisations.
BIRW AND THE LEGAL SERVICES COMMISSION
BIRW responded to a call for submissions on proposals for the Northern Ireland Funding Code by the Legal Services Commission. We highlighted the need for legal assistance for families at inquests.
WORKING WITH FEMALE PRISONERS
BIRW responded to a Northern Ireland Prison Service consultation on gender-specific standards for working with female prisoners. We drew attention to the fact that many of the standards advocated in the document could and should apply to both male and female prisoners, for example, an acknowledgement of the vulnerability of a prisoner in their first night in custody.
CRITICAL REPORT ON HMP MAGHABERRY
BIRW put forward a short submission to Her Majesty’s Inspector of Prisons and the Criminal Justice Inspectorate in response to their inspection of HMP Maghaberry. The report was critical of the prison following the suicide of Colin Bell. We particularly noted the need for a reform of the prison service so it could more ably reflect the new Northern Ireland and put greater emphasis on rehabilitation.
RESPONDING TO LORD CARLILE
BIRW has commented on Lord Carlile’s report into the operation of the Terrorism Act 2000 and part 1 of the Terrorism Act 2006. While we feel his oversight role is important, we had concerns at some of his recent comments about the use of the legislation, particularly extended detention
BIRW WELCOMES A NEW INTERN
BIRW is pleased to welcome Sebastian Smith as one of our new interns. Sebastian is a qualified lawyer and will be observing the Baha Mousa Public Inquiry on our behalf.
CONGRATUALTIONS ELIZABETH!
Colleagues of Elizabeth Folarin the BIRW Administrator wish to congratulate her on her success in her recent Certificate in Advanced English examinations.
31 AUGUST 2009
For Peace Justice & Human Rights
