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NOVEMBER
2009
A BILL OF RIGHTS FOR NORTHERN IRELAND? A CHARTER OR RIGHTS FOR THE ISLAND OF IRELAND?
We attended two events this month in connection with a Bill of Rights for Northern Ireland. It is now almost a year since the Northern Ireland Human Rights Commission delivered its Advice to the Secretary of State in accordance with the terms of the Good Friday Agreement. At this juncture there is still no clear indication from the government as to when a Consultation Process on the Advice will be launched. The Committee on the Administration of Justice and BIRW organised a Bill of Rights event at Westminster chaired by Liberal Democrat Shadow Justice Spokesman David Howarth MP. Our researcher Caroline Parkes attended on our behalf. A number of MPs, Peers and colleagues from the human rights sector attended. The meeting was addressed from the floor by Monica McWilliams, Chief Commissioner of the Northern Ireland Human Rights Commission.
Earlier in the month we attended a conference organised by University College Dublin in conjunction with the Northern Ireland Human Rights Commission and the Irish Human Rights Commission. This event was on the theme of A Charter of Rights for Northern Ireland. The Good Friday Agreement signed by the British and Irish governments explicitly provides for a Joint Committee of the Human Rights Commissions to consider “the possibility of establishing a Charter … reflecting and endorsing agreed measures for the protection of rights of everyone living in the island of Ireland.” Human Rights Commissioners, academics and members of civil society organisations attended and addressed the conference in Dublin.
As the rights debate continues in the run up to a general election in 2010 BIRW director Jane Winter was interviewed for the Equality and Human Rights Commission research project “Developing a Bill of Rights.” BIRW will be attending a follow up event held at London Metropolitan University.
RIGHTS AND THE IRISH LANGUAGE
BIRW has been approached by solicitors acting for Caoimhin MacGiolla Cathain. Mr Cathain applied for a judicial review of a decision to withhold a liquor licence because he was only prepared to apply in Irish rather than English. Mr Cathain’s lawyers argued that the Administration of Justice (Language) Act (Ireland) 1737 was incompatible with Article 6 of the European Convention (on fair trial), and Article 7(2) of the European Charter for Regional and Minority Languages, in that there is a legitimate expectation that the UK will act consistently with its international obligations. Mr Justice Treacy dismissed the application but permission has been given to take the application to the Court of Appeal. BIRW research and casework manager Christopher Stanley is liaising with the legal team and preparing submissions in support of the application.
COMPENSATION ANGER AT JUDGMENT
After many years of litigation, Anne-Marie McCallion has been refused compensation for the death of her husband Peter McCallion. Peter McCallion was jailed for an ambush on British troops in 1978. In 1998 he was fatally injured in Belfast. Because of his conviction the Criminal Injuries Compensation Commission ruled that a payment to his widow would not be in the public interest. Anne-Marie McCallion argued before the Court of Appeal that the refusal breached the UN Convention on the Rights of the Child in relation to discrimination or punishment based on a parent’s activities. Counsel for the family also argued that the Secretary of State had never given proper reasons for his decision. The Court of Appeal stated that it could not go behind the decision of the Secretary of State if his decision was that the Convention was not being broken in such a way to show that the government was acting incompatibly with its treaty obligations.
BAIL FOR COLIN DUFFY?
Colin Duffy remains on remand following his arrest in relation to the murder of two soldiers at the Masserene Barracks earlier in the year. BIRW made representations to the Lord Chief Justice in support of a recent bail application by Colin Duffy. Mr Justice Weatherup refused the application but urged that the criminal proceedings be expedited prior to another bail application being made.
LEGAL PROCESS IN LITHUANIA
We remain concerned regarding the prosecution of alleged Real IRA terrorist suspect Michael Campbell in Vilnius, Lithuania. Michael Campbell is being prosecuted for terrorist offences including smuggling weapons from Lithuania to the Irish Republic. It appears from Michael Campbell’s Lithuanian lawyers that aspects of his prosecution have breached the European Convention and the Lithuanian criminal code in relation to his right to change interpreters, his right to legal representation and his right to know the charges against him. BIRW continues to make representations to the Irish Ambassador to ensure human rights compliance by the Lithuanian authorities.
THE IRAQ INQUIRY OPENS
The Iraq Inquiry opened on the 24 November. The Inquiry will consider the period from the summer of 2001 to the end of July 2009, embracing the run-up to the conflict in Iraq, the military action and its aftermath. BIRW will be making submissions to the Inquiry. Specifically, we will comment on the use of internment, interrogation techniques, extraordinary rendition and refoulement in addition to the justicability of the Human Rights Act 1998 to British forces operating in battle and as an occupying force. British Irish rights watch attended the opening of the Inquiry.
SUPPORT FROM THE JOSEPH ROWNTREE CHARITABLE TRUST
We are extremely grateful to the Joseph Rowntree Charitable Trust for a grant of Ł60,000 over the next three years in support of our work. We are also very grateful to the JRCT for a grant of Ł1,871.50 to fund our work on making submissions to the Iraq Inquiry. JCRT’s long-term support for BIRW is warmly appreciated.
SUBMISSIONS TO THE PSNI ON PARITY IN RECRUITMENT
BIRW has made a submission to the Northern Ireland Office on the proposals to continue 50:50 recruitment in the Police Service of Northern Ireland (PSNI). We supported the renewal of the scheme and advocate that more should be done to increase the recruitment and retention of not only Catholics but also ethnic minorities and women in the PSNI.
THE DNA DATABASE AND THE CONTINUES CONSEQUENCES OF S and MARPER v UK
BIRW has written to the Home Secretary regarding the proposals for changes to the DNA database. We do not believe that these proposals represent an appropriate response to the European Court of Human Rights’ judgment in S and Marper v UK. While we acknowledged the importance of DNA in the detection of crime; we continue to advocate the principle that a DNA profile should only be held where an individual is convicted of a crime. There should be no exceptions to this principle.
JOHN BOYLE AND HIS CLAIM FOR COMPENSATION
BIRW has continued to monitor the case of John Boyle. His conviction was based on notes falsified by RUC detectives. He was sentenced to 12 years in 1977. In 2003, following an investigation by the Criminal Cases Review Commission, his conviction was quashed. He has been battling for compensation ever since.
LOBBYING AND THE CORONERS AND JUSTICE BILL 2009
BIRW sent further submission to all MPs on the Coroners and Justice Bill 2009 as it arrived at its final stages in the House of Commons. We were particularly concerned with the clause allowing an inquest to be turned into a public inquiry under the Inquiries Act 2005. BIRW has long opposed the Inquiries Act as we do not believe it is capable of providing an independent investigation into a death and thus unable to comply with Article 2 (right to life) of the European Convention on Human Rights. There are also concerns that despite comments to the contrary from Paul Goggins MP, Minister of State for Northern Ireland, these measures could, in the future, be used on historical inquests in Northern Ireland. It was extremely disappointing to see that this clause was kept during its passage through the Commons and was accepted in the final Act, albeit by a very small majority.
Majella O’Hare
Majella was a twelve-year-old shot by a British soldier in 1976. The case is being examined by the Historical Enquiries Team. A recent meeting between Majella’s brother, his solicitor, and BIRW revealed that the HET investigating officer had concluded, without any evidential basis, that the shooting was an accidental discharge, even though he accepted that the soldier had lied about the target at which he had been aiming and must have been tracking Majella with his heavy-duty general purpose machine gun, despite the fact that all she was doing was walking along the road to attend confession. We have now persuaded the HET that they should at least consider the possibility that this was a murder.
ATTACK ON MARTIN O’HAGAN’S FORMER EDITOR
We were dismayed by the brutal attack this month on Sunday World Northern Editor Jim McDowell, who used to be the boss of murdered journalist Martin O’Hagan, whose case we are monitoring. Shortly before he was assaulted, Jim McDowell’s car was vandalised when he attended a hearing concerning some of those arrested for Martin O’Hagan’s murder.
PAUL McILWAINE CONTINUES TO BATTLE OVER PARAMILITARY CONTRACTS
Paul McIlwaine, whose son David was murdered with Andrew Robb in 2000, has been pursuing the issue of security force contracts being awarded to those with known paramilitary associations. He recently persuaded the Police Ombudsman to revisit his complaint, but needs the permission of the Policing Board because senior police officers are named in his complaint.
NORTHERN IRELAND: “POLICING WITH THE COMMUNITY”
BIRW attended The Committee on the Administration of Justice conference in Belfast entitled “Policing with the Community” which looked at the developments and changes to policing since the Patten Commission. Speakers were drawn from the Police, Policing Board and NGO sector. A robust debate often followed each session; it should be noted that in every discussion, the failure to adequately police the past was mentioned.
DEVOLUTION AND THE CHARITABLE SECTOR
BIRW attended a very informative conference on devolution and the charitable sector, run by the National Council for Voluntary Organisations; of particular note was the session on how to lobby and influence the Northern Ireland Assembly at Stormont.
INVITATION TO LECTURE
Jane Winter gave a talk at Roehampton University to students studying human rights. She spoke on the work of BIRW, the influence of NGO sector in civil society and our influence on law and policy.
ROBERT HAMILL INQUIRY CLOSING SUBMISSIONS
BIRW and CAJ have been invited to make closing oral submissions to the Robert Hamill Inquiry. Jane Winter will probably be addressing them on 8th December in Belfast. We are grateful to the Inquiry for funding two research assistants to help us in this work, and grateful to the two assistants, Diarmuid Bonner (BIRW) and John Friel (CAJ), for their assistance.
30 NOVEMBER 2009
For Peace Justice & Human Rights
