|
|
Annual Report
2003
for peace, justice and human rights
British Irish RIGHTS WATCH is an independent non-governmental organisation that has been monitoring the human rights dimension of the conflict, and latterly the peace process, in Northern Ireland since 1990. Our services are available free of charge to anyone whose human rights have been violated because of the conflict, regardless of religious, political or community affiliations.
We take no position on the eventual constitutional outcome of the conflict.
A HUMAN RIGHTS DAY MESSAGE
The brutal murder of the United Nations High Commissioner for Human Rights, Sergio Vieira de Mello and so many of his colleagues in Baghdad on 19th August was a blow for human rights around the world. In the Northern Ireland context, which is not so different from that of Iraq or the Middle East, there are those who see no problem in politicising human rights and demonising those who work to make the world a better place through promoting and protecting human rights. What happened in Baghdad is where such attitudes end. At British Irish rights watch we feel that the only fitting way to honour the memories of those who died is to carry on trying to do the right thing in the right way, which is what human rights work is all about.
As we go to press, leaks, apparently from the Northern Ireland Office, suggest that former Canadian Supreme Court judge Peter Cory has recommended no less than four public inquiries into cases in which British Irish rights watch has been heavily involved. I should like to pay tribute to the families of Patrick Finucane, Rosemary Nelson, Robert Hamill and Billy Wright, who have struggled for many years to obtain justice on behalf of their loved ones.
With the peace process still so fragile, demand for our services remains as high as ever. Whether it is defending the right to a fair trial for dissident republicans or soldiers, investigating the deaths of children killed by the army, observing the Bloody Sunday Inquiry, protecting journalists from oppressive policing, seeking reform of the inquest system, or scores of other activities, we are there in the front line.
Our Annual Report illustrates the breadth of our work, but in some ways it is just the tip of the iceberg. Much of what we do is confidential, very sensitive and takes place behind the scenes. This year, as usual, we have helped people from all sides of the community in Northern Ireland, and from all walks of life.
My thanks as always to our Director, Jane Winter, our Administrative Assistant, Elizabeth Folarin, our Bloody Sunday Observers, Russell Miller and Blinne Ní Ghrálaigh, and to all out interns and volunteers. Many thanks also to all our funders and all those who have made donations in support of our work. All of their work and support is very greatly appreciated.
Angela Hickey,
Chairperson,
British Irish rights watch,
10th December 2003.
The following extracts from our Director’s monthly reports show our contemporaneous perspective on the human rights dimension of events over the past year.
january
capenhurst listening tower
On 23rd January the Investigatory Powers Tribunal sat for the first time ever in public to hand down its rulings on procedural matters raised by us and other complainants during private hearings held last summer. Our case arises out of the blanket monitoring by the intelligence services of telecommunications between the UK and Ireland via the now-disused Capenhurst listening tower. The Tribunal ruled that our hearing ought to have been held in public and that in future their reasons for legal rulings will always be given in public. However, they refused to rule that there should be disclosure and inspection of documents; that the parties should make their case in each other’s presence and should be able to cross-examine one another; or that opinions received by the Tribunal from a Commissioner under the Regulation of Investigatory Powers Act (RIPA) should be disclosed. Many thanks to our legal team, Ben Emmerson QC, Gordon Nardell and John Wadham for their able efforts to shine light in the dark house of RIPA.
february
terence McDaid
On 12th February this year the family of Terence McDaid met Judge Peter Cory. BIRW arranged the meeting. Terence McDaid, who had no paramilitary connections, was not the intended victim of the gunmen who shot him down in his own home in May 1988; they had intended to murder his brother. Force Research Unit agent Brian Nelson warned his handlers on several occasions that the UDA was targeting two of Terence McDaid’s brothers, Aidan and Declan, but the information FRU passed on to the RUC was insufficient to prevent the murder. It would also appear that FRU gave Nelson Terence McDaid’s address to pass on to the UDA. The Ministry of Defence and the Northern Ireland Office shared the cost of compensation to Terence McDaid’s widow, Maura, who sadly died a few weeks ago. The MoD was paying on behalf of FRU. The NIO was paying on behalf of the RUC, whose role is unclear. The McDaid family wanted to draw the case to the attention of Judge Cory, in the hopes that, if he recommends a public inquiry into Patrick Finucane’s death, he will bear in mind that many others died as a result of the policies and practices of FRU and Special Branch.
collusion.
march
ROSEMARY NELSON
The 15th of March was the fourth anniversary of the horrendous car bombing that killed Lurgan lawyer Rosemary Nelson. It is a matter of very great regret that no-one has been charged with her murder, although those responsible are widely known. Among the suspects are a soldier serving at the time of the murder and a self-confessed Special Branch informer. It is a tragic irony that her case has now reached the stage of precisely the type of injustice that Rosemary Nelson herself strove to remedy for her clients. Unlike the death of Patrick Finucane, on whose behalf she campaigned for a public inquiry, Rosemary Nelson’s death was foreseeable and avoidable, but no-one in authority lifted a finger to help her, despite the concerns for her safety expressed by the United Nations, the Irish government and the US Congress. That is why a public inquiry is imperative in her case. Former Canadian Supreme Court judge Peter Cory begins work on her case soon. We sincerely hope that he will recommend a public inquiry in her case so that her family can find some justice and so that the lessons can be learned.
cases are due to be considered by an international judge.
trip to the usa
I spent a week this month in Washington and New York. My grateful thanks to the Dunfey family for their kind invitation to the American Ireland Fund’s gala dinner, which today took place on St Patrick’s Day, and which raised $1 milion for good causes in Ireland. I also attended a reception at the South African Embassy and an event there hosted by the Global Citizens Circle on the themes of justice, reconciliation, and cause for hope throughout the world - a timely reminder of human achievement at a time so overshadowed by war. While in Washington I had a number of useful meetings on Capitol Hill and with the State Department to discuss human rights concerns. Many thanks to Raj Purohit and Fiona Doherty of the Lawyers Committee for Human Rights for arranging my busy schedule. I also participated in screenings in both towns of BBC journalist John Ware’s groundbreaking documentaries on the case of Patrick Fincuane, which were well received by American audiences. Finally, I briefed the New York City Bar Association on their forthcoming mission to Northern Ireland.
april
STEVENS 3
On 17th April, Sir John Stevens, Commissioner of the Metropolitan (London ) Police Service, published a brief summary of his third investigation into collusion in Northern Ireland. This investigation was not in contemplation until British Irish rights watch delivered a report, Deadly Intelligence, to the British and Irish governments on the tenth anniversary of Belfast lawyer Patrick Finucane’s death in February 1999. The report set out everything we knew about the roles of military intelligence [the Force Research Unit or FRU], the police [Special Branch] and the secret intelligence service [MI5] in the murders of Patrick Finucane and several others, and about collusion between agents of the state and paramilitaries. We pointed out that the British government need only consult its own files in order to ascertain whether or not BIRW’s allegations were true, and if they were accurate then a public inquiry would be essential. The government has never refuted BIRW’s allegations, many of which have been substantiated by the Stevens 3 report. However, instead of establishing a public inquiry, the government chose to ask Stevens to investigate for a third time. Our response to his summary report is available on our website.
Philip Stephens, previewing the much-leaked Stevens report, wrote in the Financial Times of 7th April:
“His conclusions, and there is no exaggeration here, are horrifying. Sir John says the undercover Force Research Unit (FRU), which reported directly to the senior British military commander in the province, colluded systematically with loyalist terrorists in the murder of republican sympathisers. The FRU, formally tasked to save lives, instead gave loyalists all the intelligence they needed for their brutal murder spree. At one point the inquiry interviewed 120 loyalist paramilitaries. It found that 108 of them were agents of the state.
Just as appalling was the subsequent conspiracy among parts of the military establishment to thwart the Stevens inquiry, including, at one point, an arson attack on its headquarters. Sir John has identified more than a dozen former military officers he wants to see sent to jail for a very long time. For reasons beyond comprehension, at least one of these remains in post in one of Britain's overseas embassies. If Mr Blair is really serious about peace in Northern Ireland, justice needs to be done, and seen to be done.”
The Financial Times is hardly a radical newspaper, and BIRW has never briefed the journalist who reached these conclusions. Perhaps Mr Blair will listen to them.
BRIAN NELSON
Just a week before Stevens 3 went public, FRU agent Brian Nelson died. He played a central role in Patrick Finucane’s and many other murders. Like Billy Stobie, who supplied the weapons and was himself murdered in 2001, Nelson would have been a key witness at a public inquiry. Time has certainly been on the government’s side. Not only have these two key witnesses died, but the gun used to kill Patrick Finucane has been altered by the army and is no evidential value; the gunman Ken Barratt’s taped confession has been “lost”; and he and other witnesses are now in fear of their lives. Although it is widely believed that the government gave Brian Nelson a new identity and financial support in return for his silence, the Ministry of Defence are reported as saying they have no knowledge of him. They also say that he remained in the army until 1990, when he was arrested by Stevens 3, and a year after Patrick Finucane was murdered. We are seeking clarification of whether Brian Nelson was more than a mere freelance paid by the army, but in fact a serving soldier throughout his nefarious career.
may
JOURNALISTS ARRESTED FOR EMBARRASSING THE GOVERNMENT
On 30th April journalists Liam Clarke and Kathryn Johnston were arrested after newspapers published transcripts of telephone calls made by Martin McGuinness MP which had been recorded by the police. The transcripts came from a revised edition of the two journalists’ unauthorised biography of Martin McGuinness. They were arrested under the Official Secrets Act and held in custody for almost 24 hours, even though the transcripts did no damage to national security. Their crime seems to have been their exposure of the fact that an elected representative’s telephone had been tapped by the state. British Irish Rights Watch has sent a report on their arrests to the United Nations Special Rapporteur on Freedom of Expression. We have also written to the PSNI asking a number of questions about the arrests. The Chief Constable has declined to answer our questions, so we have taken them up with the Policing Board. On 15th March I took part in a discussion about the arrests on BBC television’s Hearts and Minds programme.
STAKEKNIFE: THE BURNING QUESTIONS
On 11th May Freddie Scappaticci was named by several newspapers as being Stakeknife, an informer with a senior position within the IRA who was being run by the army’s Force Research Unit. There has been a great deal of coverage about this, much of it misleading. We have summarised the coverage in a special report which is available on our website. If the allegations about Stakeknife are true, then it would appear that British military intelligence, and their masters MI5, had both the republicans and, through Brian Nelson, the loyalists seriously infiltrated and compromised. Two burning questions must be answered. Why was the killing allowed to go on? To what extent was this disastrous policy politically sanctioned, and by whom? If Freddie Scappaticci is Stakeknife, then his life is at risk from more than one quarter. We have written to Sir John Stevens expressing concern for his safety, both as a human being and as a key witness in any public inquiry into FRU’s activities. He has replied that this is a matter for the PSNI.
june
BIRW FINUCANE REPORT PRESENTED TO NELSON MANDELA
On 20th June I had the tremendous honour of being present when Nelson Mandela was presented with an honorary doctorate by the National University of Ireland at Galway, and then attending the truly memorable tribute dinner afterwards. It is an evening I will always treasure. Also present were members of the family of murdered Belfast solicitor Patrick Finucane. BIRW prepared a briefing on his case for Mr Mandela, which was given to Cyril Ramaphosa for safe delivery. The Finucane family are asking Mr Mandela to intercede with the British government to bring about a speedy and effective public inquiry into his murder. Very many thanks to our good friend Jerry Dunfey and to our patron Professor Kader Asmal MP for their help, and to Dr Iognáid G. Ó Muircheartaigh, president of NUI Galway, for his gracious hospitality.
THE DISAPPEARED
On 9th June I met the families of Jean McConville and Brendan Megraw, two of “the Disappeared” – people murdered and secretly buried by the IRA. We are helping them to obtain information about the police investigations into the deaths of their loved ones and about the searches for their bodies conducted by the Irish police, An Garda Síochána.
july
CHRISTY WALSH
Christy Walsh was convicted in 1992 of possession of a coffee jar bomb. He had no history of paramilitary involvement and has always maintained his innocence. Finally his case was referred back to the Northern Ireland Court of Appeal by the Criminal Cases Review Commission as a potential miscarriage of justice. The Court of Appeal, in one of the worst judgments we have ever seen issue from the Diplock court system, upheld his conviction, claiming that because they did not believe an eyewitness who had come forward on Christy Walsh’s behalf his own credibility was destroyed. Astonishingly, neither the House of Lords nor the European Court of Human Rights would allow Christy Walsh to take his case further. We recently made representations to the Criminal Cases Review Commission, arguing that the way in which their referral back was handled amounted to a miscarriage of justice. Sadly, our arguments fell on deaf ears. We are continuing to try to assist Christy Walsh to clear his name.
august
OMAGH
The 15th of August saw the fifth anniversary of the appalling bombing of Omagh in 1998. The government has announced that it is making a donation of up to £800,000 towards the costs of a civil action being taken by some of the victims against five men who are alleged to have been responsible for the bombing but against whom there is not sufficient evidence to bring criminal prosecutions. While this money is no doubt welcome to the campaign, the government’s decision raises a number of questions, both in relation to Omagh and other cases. The Police Ombudsman’s investigation into the way that warnings of terrorist attacks before Omagh were handled has raised the terrible spectre that the bombing might have been prevented. The failure to bring the perpetrators to book has left the victims having to campaign for civil compensation, which is doubtless the last thing that concerns them, as their only hope of establishing the truth about what happened. If the government were to contribute financially to such actions in every conflict-related case where the police investigation has failed they would have to dig very deep indeed into the public purse. Although there has rightly been tremendous public sympathy for the Omagh victims, they were not able to raise the £1million they were told would be required from public donations alone. It may be that the public instinctively felt that a civil action is no substitute for a criminal prosecution, or perhaps they were concerned that lawyers acting for the victims were apparently demanding high fees when many other lawyers would have acted for free. Whatever happens, I hope that the victims and the relatives of those who died (who are also victims themselves, of course) eventually find justice and peace of mind.
TRIAL OF MICHAEL McKEVITT
Michael McKevitt is one of the people the Omagh victims are suing. He recently stood trial, not for Omagh, but on charges of directing terrorism. BIRW sent an observer to his trial jointly with the Irish Council for Civil Liberties. British Irish rights watch have long had concerns about the no-jury Special Criminal Court in Ireland, and have advocated its abolition. On this occasion, we have concluded that Michael McKevitt did not receive a fair trial. Not only was the primary evidence against him that of a paid informer who had a vested interest in testifying, but vital police evidence that contradicted one of that informer’s claims was withheld by the prosecution until after the informer’s evidence was over. Some people may think it a contradiction in terms that BIRW defends the right to a fair trial of someone accused of the Omagh bombing while expressing sincere sympathy with the victims of that atrocity. However, everyone is entitled to the presumption of innocence until found guilty in a court of law. We have already expressed concern that Michael McKevitt and his wife have been subjected to trial by media to the point where almost everyone believes them guilty even though they have not been charged. Secondly, justice is never served by depriving defendants of a fair trial. Human rights are there for everybody, no matter how heinous the crimes of which they are accused. It is only by defending the human rights of all that we can distance ourselves from terrorists who deprive their victims of the most precious right of all, the right to life.
september
MARTIN O’HAGAN
This month sees the second anniversary of the murder by the LVF of investigative journalist Martin O’Hagan. On 23rd September I received a detailed briefing from the PSNI concerning the murder investigation. As has all too often been the case in Northern Ireland, the perpetrators are known to the police but evidence that will stand up in court is hard to come by. This is a tragedy not only for Martin O’Hagan’s family but for all journalists in Northern Ireland. Despite the ceasefires and the peace process, journalists in Northern Ireland are still being threatened and are still going about their work in fear. We have been in correspondence with the United Nations’ Special Rapporteur on freedom of expression about the latest threat to the Andersonstown News group only this month. It is hardly surprising that, with a few honourable exceptions, journalists are not queuing up to fill Martin O’Hagan’s shoes.
BILLY WRIGHT
It is depressing, therefore, that some journalists seem to be prepared to abandon all ethical standards. Once again the family of LVF leader Billy Wright, have opened the Sunday World to find pictures of his dead body plastered across its pages. Nothing could justify such bad taste, but the only impetus behind the publication of these pictures seems to be that the newspaper, having presumably paid for this apparently stolen property, wants to use them to sell papers. To add insult to injury, the PSNI has said that it will not investigate how the photographs came to be in the hands of the Sunday World. We have written to Chief Constable Hugh Orde asking him to reconsider this decision. The only people with legitimate access to the pictures are public servants; it is in everyone’s interests that whoever did this is deterred from inflicting similar anguish on some other family.
october
SAFETY AT MAGHABERRY PRISON
For reasons that are not entirely clear, the Northern Ireland Affairs Committee in Parliament has decided to enquire into the government’s decision to introduce a degree of segregation between paramilitary prisoners at Maghaberry prison. We have made a submission to this enquiry, in which we have said that BIRW has taken a long-term interest in the conditions in detention of paramilitary prisoners in Northern Ireland, both in prisons and in the holding centres. Our sole concern has been for the safety of such prisoners and to ensure that they are treated in conformity with domestic and international law and rules relating to the human rights of prisoners and guaranteeing their right to a fair trial. We have also, of course, been mindful of the safety of prison officers, many of whom have come under attack in recent weeks by dissidents who want to return to the days when the inmates had control of the prison. We have never advocated the segregation of paramilitary prisoners on political lines. We understand the historical and political reasons why such segregation came into existence, but we accept that segregation was far from ideal. In particular, as the murders of Billy Wright and David Keys graphically illustrated, segregation did not provide a safe environment for prisoners. On the other hand, neither have we advocated enforced integration of paramilitary prisoners. In our view, prison populations are microcosms of the population as a whole. If Northern Ireland society is not yet ready for integration, then it is neither desirable nor possible to use prisons for the conduct of social experiments in integration.
POLICE RECRUITMENT
We have also made a submission to the Northern Ireland Office concerning the renewal of the 50:50 Catholic: Protestant/other recruitment policy. In our submission we have examined a number of obstacles to Catholic recruitment to the PSNI and have pointed out that, while there has been a small improvement in the numbers of Catholics joining the service, there is still a very long way to go. As important as recruitment is retention, if the PSNI is ever to achieve Patten’s goal of a police service that reflects the whole of the Northern Ireland community and can deliver effective policing to all sections of that community. Those who want to see the 50:50 recruitment policy abandoned can have only one aim: the frustration of that aspiration.
reform of the inquest system
Despite the fact that we were left off the consultation list, we have sent a submission to the Northern Ireland Courts Service concerning the implementation of the reforms recommended by the fundamental review of the inquest system (the Luce review). In it we have compared Luce to the benchmarks laid down in the Amin case. By and large, the Luce proposals satisfy those standards, but they are particularly weak on the questions of delay and disclosure. They do nothing to inject promptness into the system, and nor do they adequately deal with obligation on the state to provide a satisfactory and convincing explanation where they have exclusive knowledge about the death. If past experience is anything to go by, the government will not necessarily give effect to all Luce’s recommendations. We are concerned that a piecemeal approach could significantly water down the impact of the Luce Review. However, it is our view that, as a public authority bound by the Human Rights Act 1998, the NICS is duty bound to do everything in its power to make the inquest system compliant with Article 2, including urging the government to make any necessary changes in the law to enable them to achieve that end.
NOVEMBER
BACK TO THE FUTURE?
The people of Northern Ireland have spoken and the latest Northern Ireland Assembly elections have followed the trend that has been developing in all elections over the past decade of polarisation by the unionists towards the DUP and by nationalists towards Sinn Féin. It is greatly to be hoped that the Assembly will in fact resume and that the two sides will slug it out democratically, because if that does not happen then there is a real risk that violence will rush in to fill the political vacuum as it has so often in the past. In the meantime, it will be up to the government, along with its Irish and American allies, to fly the flag for human rights, as has also so often been the case. It is a hopeful sign that there still seems to be a majority in favour of peace. If the politics are problematic, then it is all the more important that work continues to create better policing, a fairer criminal justice system, more equality, and greater respect for human rights, so that there is an environment in which dialogue, accommodation, and co-operation are possible. These are not only important elements of the Good Friday Agreement, they are essential for a peaceful and stable future for all the people of Northern Ireland, whichever side they are on.
ETHICAL JOURNALISM
On 22nd November I spoke at a conference organised by the National Union of Journalists and sponsored by the Northern Ireland Human Rights Commission and Queen’s University Belfast Human Rights Centre entitled Journalists Under Threat. Two journalists who have sought BIRW’s help over the past year, Kathryn Johnston, who also spoke, and Anthony McIntyre, were present. They are just two of 17 journalists who have reported pressure and threats to the NUJ in recent times. Unfortunately, these problems are not only caused by paramilitaries such as those who murdered Martin O’Hagan, but also by the police and the government. As speaker after speaker emphasised, the freedom of the press is an essential element in a democracy. As well as defending journalists, I also criticised some of the methods they adopt. In particular, I put in a plea for greater coverage of human rights issues and a more sensitive approach towards victims. I suggested that, while good journalism makes the world a better place, bad journalism just makes matters worse.
decEMBER
government leaks cory
Despite categorical promises in writing and in person from the Secretary of State for Northern Ireland, Paul Murphy, that the families whose cases were investigated by Judge Cory would not find out what he had concluded from the media, on 1st December they heard on BBC radio that the judge had recommended public inquiries into the murders of Patrick Finucane, Rosemary Nelson, Robert Hamill and Billy Wright. British Irish rights watch wrote immediately to the Prime Minister calling on Paul Murphy to resign and asking that the families be given copies of the judge’s reports at once. We also asked him to announce any public inquiries right away and to enter into meaningful consultation with the families about the terms of reference and the composition of any inquiries.
We believe it is true that the judge has ordered public inquiries in all four cases. If so, then it is vital that the families of the victims are fully involved in the investigation process. They must be consulted about the terms of reference for the inquiries, about who is identified as a party to the proceedings, about who sits on the tribunal, and about how the inquiry is conducted.
REPORT ON ACTIVITIES IN
2003
There is no such thing as a quiet year at British Irish rights watch, and 2003 was no exception. In the past twelve months our director, Jane Winter, has travelled to Northern Ireland ten times, to the Republic of Ireland three times, once to the USA, and once to the United Nations in Geneva. Submissions have been made and briefings provided to the British, Irish and American governments, the United Nations and other bodies concerning the many human rights issues that have arisen in the Northern Ireland context this year. She has also taken part in various television documentaries, taught at seminars, spoken at conferences and given numerous media interviews. A summary of our activities is in included in this report. Below we highlight just a few of the key events and issues.
collusion
This year was the year that definitively gave the lie to the denials made by successive governments that collusion was an integral tool in their response to terrorism. In May Sir John Stevens, the most senior police officer in the land, confirmed that both police officers and soldiers, some of them very senior, had colluded in the murder of Belfast lawyer Patrick Finucane. After three investigations over a period of twelve years, he reversed his initial conclusion that collusion was neither widespread nor institutionalised. Many people in Northern Ireland had reached this conclusion some time ago, so much so that when Brian Nelson, who we believe set Patrick Finucane up for murder, died earlier this year there were those who were convinced that this was just another government ploy to prevent him for giving evidence at the inevitable public inquiry.
Throughout this year Peter Cory, a former Canadian Supreme Court judge, worked on his independent assessment of Patrick Finucane’s case and that of five others. Robert Hamill, a young Catholic, was kicked to death by a loyalist mob in 1997 in the centre of Portadown despite the presence of armed RUC officers in a police landrover. Dissident loyalist leader Billy Wright was murdered in the Maze prison in 1997. He was killed on his way to a visit, by INLA prisoners whom the prison authorities had housed in the same wing. Lurgan lawyer Rosemary Nelson was blown up in a car bomb by the LVF in 1999. She was threatened by members of the security forces before she died. Representations were made to the government concerning her safety by the UN and by NGOs, but she was offered no protection. Lord Justice and Lady Gibson’s car was blown up by the IRA in 1987 as they returned home from a holiday via the Dun Laoghaire ferry. Although the judge had booked the ferry in his own name, the timing and location of the explosion, which happened during the handover between the Garda and RUC escorts on the border, have given rise to allegations of collusion by a Garda officer. RUC officers Harry Breen and Bob Buchanan were shot by the IRA as they returned to Northern Ireland from a meeting in the Republic in 1989. Garda collusion is also suspected in their cases.
British Irish rights watch made substantial submissions to Judge Cory in the Finucane, Nelson, Hamill and Wright cases. During the year we met the judge on a number of occasions, together with family members and with other NGOs, to discuss progress, and we updated him on all new developments.
On 1st December, despite government promises to the contrary, information was leaked to the BBC to the effect that Judge Cory had recommended public inquiries in all four Northern Ireland cases. The same news item suggested that the government had thought of at least four ways to dilute or delay implementing the inquiries: a joint public inquiry; delays on account of criminal prosecutions; a hiving off of their cases into some generalised “truth process”; and delay in publication of the reports while persons named in them are given an opportunity to object to publication. Nothing new there, then. We shall be monitoring this situation very closely and there will be monthly updates on our website.
shooting the messenger
2003 was bad year for journalists in Northern Ireland. Two authors, Liam Clarke and Kathryn Johnson, were arrested after they published the transcripts of clandestine tape recordings of Sinn Féin MLA Martin McGuiness’ telephone calls. Their crime appears to have been embarrassing the government by exposing the fact that it taps telephone calls made by elected representatives. The transcripts also shed light on the relationship between Sinn Féin and the then Secretary of State for Northern Ireland Mo Mowlam, and with the Prime Minister’s office. Later in the year the police carried out a very heavy handed raid on the home of journalist Anthony McIntyre on the pretext that he might be in possession of a document which not only did he not have but which he was never likely to have had. In both incidents, the police took away the journalists’ working documents and sent out a message to anyone who might think about talking to any journalist that they risk that fact becoming known to the police. In the meantime, the murder in 2001 of investigative journalist Martin O’Hagan remains unresolved, and we continue to be concerned about the police investigation into his death.
abuse of lethal force
This year we researched the deaths of two children shot by soldiers in Derry a decade apart. Daniel Hegarty was shot by a British soldier in July 1972 during Operation Motorman, which re-possessed the no-go areas. Daniel was only fifteen years old at the time, was unarmed, and was running home to avoid the soldiers after curiosity led him out onto the streets. The government has never acknowledged that he should not have been killed, nor rescinded descriptions of him in Parliament as a gunman. There has never been a proper police investigation into his death. Some papers relating to Operation Motorman remain closed to public scrutiny until 2005, but others that have been released shed a great deal of light on the events that led up to Daniel’s death, as our report, available on our website, shows.
Stephen McConomy was killed in April 1982, shot in the back of the head by a soldier. Stephen was only eleven years old. Sadly, his death was typical of those caused by plastic bullets. He was a Catholic. He was a child. He was not rioting. He was shot at close range in the head. He died three days after he was shot. There is another factor about his case that is also typical: no-one has been prosecuted for causing his death. As in Daniel’s case, papers that might shed light on this killing remain closed to public scrutiny, in Stephen’s case until 2012. Our report on his death will be available on our website soon. We continue to campaign for a ban on plastic bullets.
bloody sunday
The Bloody Sunday Inquiry was due to finish hearing witnesses early next year. Closing speeches will be heard some weeks after that, and the report is due by the end of 2004 or early 2005. Our observer during almost the whole of 2003 was Russell Miller, who carried on the tradition set by his two predecessors, Catherine McKenna and Blinne Ní Ghrálaigh, of producing really excellent weekly reports, all of which are available on our website. In November we appointed Alison Mitchell to carry out an independent evaluation of the observer’s post and that of the two family liaison workers employed by the Bloody Sunday Trust to provide support to the victims. This evaluation project is funded by the Atlantic Philanthropies and the Joseph Rowntree Charitable Trust. Its aim is to assess whether similar posts would be useful in other public inquiries.
grateful thanks
We should like to take this opportunity to thank our volunteers and interns this year: Jana Rumminger, Sue Chippenfield, Alina Potts, Oisin Crotty, Saimo Chahal, Paul Ridge and Claire Leonard; our administrative assistant Elizabeth Folarin; and our observers at the Bloody Sunday Inquiry, Blinne Ní Ghrálaigh and Russell Miller.
SUPPORT for our work
British Irish rights watch is pleased to acknowledge with gratitude financial support during 2003 from the Atlantic Philanthropies, the Joseph Rowntree Charitable Trust; Garden Court Chambers; the Hilda Mullen Foundation; and many individuals in Britain, Ireland and America.
SUMMARY OF MAIN ACTIVITIES IN 2003
seminars and conferences
· Impact of Amin case on the right to an effective investigation into deaths, London
· Journalism and human rights, Belfast
trials
observed
· Trial of Michael McKevitt, Dublin (directing terrorism)
· Referral back to the Court of Appeal of Neil Latimer’s case by the Criminal Cases Review Commission, Belfast (UDR Four case)
· Judicial review for disclosure of police documents by the family of David McIlwaine, Belfast
· Indictment of Kevin Murphy and others, Belfast
· Judicial review of the Criminal Cases Review Commission by John Torney, Belfast
submissions
· Submission to the Special Rapporteur on Freedom of Expression and Opinion concerning the arrests of journalist Liam Clarke and Kathryn Johnston other bodies
· Response to the report by the Review of the Parades Commission
· Response to consultation by the Northern Ireland Office on children's rights
· Representations to the Irish government concerning the dismissal from the army of Donal de Roiste
· Representations to the Committee of Ministers' Deputies at the European Union about the UK's failure to implement the European Court of Human Rights' 2001 rulings in the cases of Jordan et al
· Representations to the Northern Ireland Policing Board concerning deployment of CS spray
· Submission to the governmental working party on less lethal alternatives to plastic bullets
· Representations to the UK government about the level of funding available for the Police Ombudsman of Northern Ireland concerning the case of John Torney
· Submission to Nelson Mandela concerning the murder of Patrick Finucane
· Submissions to the Criminal Cases Review Commission concerning the case of Christy Walsh
· Submission to the Northern Ireland Policing Board on the equality aspects of its Code of Practice on Reports and Inquiries
· Submission to the Northern Ireland Office concerning the 50:50 Catholic: Protestant/other police recruitment policy
· Submission to the Northern Ireland Affairs Committee about the segregation of paramilitary prisoners at Maghaberry jail
· Submission to the Northern Ireland Court Service about the reform of the inquest system
· Representations to the Irish government concerning the dismissal from the army of Michael Donnelly
publications/reports
· At a loss for justice: the murder of David McIlwaine
· Response to Stevens 3 Summary Report
· Colin Worton: Guilty until proven innocent?
· Stakeknife
· The death of Daniel Hegarty, killed aged 15 during operation motorman, 31 July 1972
· Deaths since the 1994 ceasefires, August 2003
events
observed
Bloody Sunday Inquiry
about
British Irish rights watch
British Irish rights watch is an independent non-governmental organisation (NGO) that monitors the human rights dimension of the conflict in Northern Ireland. It is registered as a not-for-profit company and is a registered charity.
The organisation was formally established in 1992, although those involved in its work have been so since 1990. Its objects are:
1. the promotion by means of education and research of the proper observance and maintenance of human rights in Britain and Ireland and elsewhere in the world with particular reference to the conflict in Northern Ireland;
2. the promotion and dissemination of knowledge, information and understanding of such human rights by writing, publishing and distributing articles, reports, books and other documents and assisting in the same, by arranging and providing lectures and seminars, and by all other means of providing and exchanging information.
3. to procure the abolition of torture, extra-judicial executions, and arbitrary arrest, detention and exile.
history
British Irish rights watch arose out of the concern of a small group of people from England, Ireland and America, all of them based in London, about the human rights violations stemming from the conflict in Northern Ireland. Their work began informally in 1990, and consisted originally of organising seminars for lawyers, firstly in London and then in Belfast and Dublin. Gradually, lawyers and then campaign groups and individuals whose human rights had been affected began to regard them as a resource. In 1992 they played a key role in organising the Northern Ireland Human Rights Assembly in London, which attracted 254 written submissions alleging human rights violations arising from the conflict and over 250 participants. A panel of seven international human rights experts heard evidence over three days and produced a substantial report, Broken Covenants, that severely criticised the United Kingdom government for its failure to protect human rights. This Assembly generated even more demand for the group’s services, and in May 1992 British Irish rights watch was formally established as a not-for-profit company. In 1995 the organisation achieved charitable status.
Until August 1994 its primary role was to monitor alleged human rights violations arising from the conflict in Northern Ireland. Since the ceasefires, it has enhanced its activities to include ensuring that proper respect for human rights is established in Northern Ireland in the wake of the conflict, with particular emphasis currently on the role of human rights in the emerging peace process.
British Irish rights watch’s services are available free of charge to everyone, regardless of their religious or political affiliations or opinions, and we are proud that our services are requested by individuals and groups on all sides of the community. We take no position on the eventual constitutional outcome of the peace process and we are entirely independent of any other organisation, although we work very closely with other domestic and international NGOs who share our concerns.
Until February 1995 all our work was carried out on a voluntary basis by unpaid volunteers. At that point, we had raised enough funding to enable us to open an office and employ a full-time director for one year. With the peace process at such a crucial moment we did not hesitate, but deployed our existing funding in full and resolved to raise enough further financial support to enable us to see our task through to its conclusion.
key
activities
In fulfilment of its charitable objects, British Irish rights watch:
researches alleged human rights violations arising out of the conflict
sends independent observers to trials, inquests and inquiries
provides consultancy services for lawyers
makes representations to international human rights bodies and organisations
such as the United Nations
organises seminars for lawyers and others
makes third party interventions in human rights cases and provides expert
testimony
publishes articles and reports
organises conferences.
personnel
British Irish rights watch is managed by a Management Committee made up of four women, all of whom give their time and expertise free of charge:
Angela Hickey, from London, who is the Corporate Complaints Officer for the
London Borough of Brent.
Fiona Murphy, from Belfast, who is a solicitor.
Sarah Cooke, from London, who is the Director of the
British Institute for Human Rights.
Marion Fitzpatrick, from Yorkshire, who was until
recently the Director of the London Advice Services Alliance and is now an
administrator.
The Director is Jane Winter, from London, who is a founder member of British Irish rights watch, and who has fourteen years’ experience of working on the human rights dimension of the conflict in Northern Ireland. She has previously worked as a researcher and as an adviser and advocate in the Citizens Advice Bureau service and the law centre movement. Our full-time administrative assistant is Elizabeth Folarin. Our full-time observer at the Bloody Sunday Inquiry is Russell Miller.
British Irish rights watch has volunteers based in London, Belfast and Dublin who make a valuable contribution to its work. It has also benefited from the input of interns from many parts of the world.
sponsors
British Irish rights watch is fortunate to be sponsored by three leading human rights lawyers:
Professor Kader Asmal MP, Minister of Education in the South African
government, is also a professor of human rights law and the former Chair of
the Irish Council for Civil Liberties.
Helena Kennedy QC is a campaigner for women’s rights and a distinguished
lawyer who has been involved in many leading civil liberties cases. Baroness
Kennedy is an active member of the House of Lords.
Michael Mansfield QC is a highly successful barrister who has been involved in
remedying many of the notorious Irish miscarriages of justice, including the
cases of the Birmingham Six and the Guildford Four. He is currently appearing
in the Bloody Sunday Inquiry.
funding
British Irish rights watch gratefully acknowledges the financial support of:
the Joseph Rowntree Charitable Trust;
the Atlantic Philanthropies;
the John Merck Fund;
the Hilda Mullen Foundation;
the Polden-Puckham Charitable Foundation;
the Catherine Scorer Trust Fund;
the Patrick Finucane Memorial Trust;
Garden Court Chambers;
Took’s Court Chambers;
the Ruben and Elisabeth Rausing Trust;
the trade union UNISON;
under the auspices of the American Ireland Fund: Bob, Jack and Jerry Dunfey,
Loretta Brennan Glucksman, Dennis Smith, Bill McNally, John T Sharkey, and
William J Flynn; and
many individual lawyers in Britain, Ireland and America.
donations are always welcome, acknowledged, and put to good use
For Peace Justice & Human Rights
