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OCTOBER
2009
Birw director givEs evidence to congressional committee on collusion
On 22nd October Jane Winter, Director of BIRW, gave evidence before the US House of Representatives’ Subcommittee on International Organizations, Human Rights and Oversight in Washington USA. The Committee was conducting an inquiry on “Concerns Regarding Possible Collusion in Northern Ireland: Police and Paramilitary Groups”. The Committee was briefed by Lady Nuala O’Loan DBE (former Northern Ireland Police Ombudsman), Raymond McCord Senior, whose son Raymond McCord Junior was murdered buy UVF informers, and John Finucane, son of murdered solicitor Patrick Finucane and Jane Winter, who drew on her 19 years’ experience of investigating and exposing collusion in Northern Ireland. In the days running up to the hearing, she met with a number of Congressmen and/or their staffers to brief them on human rights issues in Northern Ireland.
birw director attends swearing in of new state department human rights bureau director
Whilst in Washington, Jane Winter was invited to the swearing in of Michael Posner as Assistant Secretary of State for Democracy, Human Rights and Labor at the State Department. Mike Posner has been a long standing friend of BIRW and was formerly President of respected international NGO Human Rights First. After Jane had given her testimony in Washington, she went to New York to attend HRF’s annual dinner.
LETTER TO THE IRAQ INQUIRY
BIRW has written to the Iraq Inquiry established this year by the Prime Minister under the chairmanship of Sir John Chilcot, urging the Inquiry to investigate the role of legal advice in the invasion’s legality, collusion in the use of interrogation techniques and the use of controversial weaponry. BIRW will be making further submissions to the Inquiry.
SUPPORT FROM THE esmÉe fairbairn trust
Following a successful application, BIRW is delighted to have been awarded £84,788 from the Esmee Fairbairn Trust towards BIRW’s work on the Dealing with the Past. This funding will support the role of the Researcher over the next three years in working with families and individuals, whose human rights were abused during the conflict.
The Coroners and JUSTICE BILL
BIRW is very concerned at the proposal which would enable the Government to establish and inquiry under the Inquiries Act 2005 in place of an inquest under specific circumstances. We have long argued that the Inquiries Act 2005 is unable to provide an investigation into a death which is compliant with Article 2 (right to life) under ECHR. This proposal would enable the Government to opt in and out of the coronial system, depending on the contentiousness of the death. We have monitored the use of the Inquiries Act in Northern Ireland and have found it lacking in its ability to deliver truth and justice to the bereaved, to build confidence in the rule of law and comply with the UK’s human rights obligations. In essence, this amendment is goes further than the previous secret inquest clauses originally, proposed by the Government.
Alternatives TO PROSECUTION
BIRW commented on a recent Government press release following a consultation on alternatives to prosecution. BIRW were particularly concerned with a measure which enabled the PSNI to decide, in cases where evidence was in their opinion weak, whether to pursue a prosecution. We felt that this did not enhance the reform of the criminal justice system and undermined principles of transparency and accountability, as well as signalling a return to the bad of ways that held sway prior to the Pattern Commission on the reform of policing.
Future arrangements for local partnerships working on policing and community safety Partnerships
BIRW Researcher, Caroline Parkes, attended a key stakeholder event, run by the Northern Ireland Office, in Belfast. The focus was the proposed merger of District Policing Partnerships and Community safety Partnerships. BIRW had previously raised serious concerns about the manner in which the consultation had been approached, where civil society had been excluded from the process and the changes were not to be subjected to an equality impact assessment.
Code of practice on Victims and Witnesses
BIRW recently became aware that we had been excluded from a number of NIO consultations, including one focussed on the Revised Code of Practice for Victims and Witnesses. BIRW made a short submission to this consultation focusing on the importance of communication clearly with victims and witnesses, using clear and accessible language and bearing in mind the special needs of this group.
RESPONSE TO NORTHERN IRELAND POLICING BOARD
BIRW made a submission to the Policing Board’s Human Rights and Professional Standards Committee’s examination of issues surrounding Stop and Search, the Historical Enquiries Team and the Human Rights Annual Report. We drew attention to recent observations by Lord Carlile on the use of Stop and Search and BIRW experience of the Historical Enquires Team.
SUBMISSION TO THE JOINT COMMITTEE ON HUMAN RIGHTS
In response to the forthcoming Joint Committee on Human Rights report “Monitoring the Government’s Response to Court Judgments Finding Breaches of Human Rights” BIRW commented on the criticism of the European Court regarding police retention of DNA in the case of S and Marper v UK and the continued litigation regarding the jurisdiction of the UK’s obligations under the Convention in Al-Saadoon and Mufhdi v UK, to which BIRW is an intervener with others.
BIRW AND CAJ RESPOND TO ROBERT HAMILL INQUIRY
Jane Winter spent much of this month working with the Committee on the Administration of Justice on a joint response to their voluminous draft closing submissions. We are grateful to the Robert Hamill Inquiry for funding two temporary researchers to assist us with what has been a huge undertaking.
RESPONSE TO NORTHERN IRELAND PRISON SERVICE: amendments to prison rules
BIRW Research and Casework Manager, Christopher Stanley responded to the consultation by the Northern Ireland Prison Service regarding amendments to the prison rules. BIRW are critical of amendments to the rules in relation to restricted association. However, we welcome the introduction of a system whereby prison visitors can make complaints to the Prisoner Ombudsman.
PSNI PURSUE COSTS AGAINST WINNING JOURNALIST
Our support earlier this year for Sunday Tribune journalist Suzanne Breen in her defence against a PSNI order for her to reveal her sources in relation to the Masserene Barracks shootings resulted in her right to life and her right to protect her journalistic sources being supported by the court. In an unusual step, the PSNI have now request that the costs of the case incurred by Ms Breen be paid by her and not by the PSNI. Ms Breen intends to challenge this costs application and ensure that those who bought the action against her pay her costs.
THE EXTRADITION OF LIAM CAMBPELL: HABEAS CORPUS OR JUDICIAL REVIEW?
BIRW is monitoring the fight against extradition being fought by Liam Campbell. Mr Campbell faces extradition to Lithuaniana to stand trail for arms offences together with his brother Michael Campbell whose trial has already commenced. Both men are accused of attempting to smuggle weapons back to the Republic of Ireland in support of the Real IRA. Mr Campbell issued judicial review proceedings against his extradition and applied for a writ of habeas corpus to release him from detention at HMP Maghaberry. In the High Court Lord Justice Higgins and Mr Justice McCloskey said “We consider that it would be wrong to overlook the fact that within two weeks of the Recorder’s ruling, the Republic of Lithuania withdrew its extradition request in the Dublin High Court. It seems to us that the effect of this development was to extinguish the cornerstone of the abuse of process complaint advanced to the Recorder.”
COMMUNITY TENSIONS AND A FAILURE OF POLICING?
Christopher Stanley travelled to Belfast this month to meet members of the Devlin family, whose relative Gerard Devlin Senior, who was murdered as a result of a community dispute in 2006. The Devlin family from West Belfast blame a failure in policing of the community for continued violent tensions in the area and have made representations to the Police Ombudsman for Northern Ireland.
Professor Christopher Andrew lecture
BIRW intern Andrew McKeever attended a lecture given by Christopher Andrew, Cambridge Professor of Modern History at the London School of Economics following the publication of his authorised history of MI5. BIRW has long been interested in the work of MI5 especially in relation to its role in the conflict in Northern Ireland.
POLICE OMBUDSMAN INVESTIGATION INTO McILWAINE CASE CONTINUES
On 8th October Jane Winter travelled to Belfast for a further meeting with the Police Ombudsman in the case of David McIlwaine and Andrew Robb.
Welcome to silvia, nicolas amd gillian
BIRW welcome Silvia del Fabbro, Nicolas Houet, and Gillian Ní Bhroin who are currently working on our public inquiries project.
31 OCTOBER 2009
For Peace Justice & Human Rights
