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DECEMBER 2003
government leaks cory BUT FAILS TO PUBLISH his reports
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.
On 18th December the Irish government published the two reports arising in its jurisdiction. Judge Cory has recommended a public inquiry into the murders of the two RUC officers, Harry Breen and Bob Buchanan, but not into those of Lord Justice and Lady Gibson. On the same day, the government announced that it would establish a public inquiry as recommended by the judge.
British Irish rights watch is very proud to have played a part in achieving the four public inquiries in Northern Ireland, but we are appalled by the way the British government has behaved. Instead of following the example set by the Irish government, with whom this whole exercise was meant to have been a joint enterprise, the British government has done everything it can to undermine the meticulous work done by Judge Cory. It has argued over every line in his reports and taken the view that anyone criticised or even mentioned in his reports is entitled to know in advance of publication what has been said. It would appear that they are more concerned for the safety of potential perpetrators than they are for that of the victims.
When I met Prime Minister Tony Blair some time ago together with the family of one of the victims, Patrick Finucane, I told him that, generally speaking, his administration had not been part of the problem of collusion in Northern Ireland, and I urged him to become part of the solution. However, I warned him that if he did not take that opportunity, then he too would become tainted by collusion. I regret to say that that has now come to pass. The present government is indulging in lies and cover-ups, and there is only one conclusion to draw from their callous disregard for the victims: they too have something to hide and something to fear from daylight being shone into the spider hole that is collusion.
BARRON REPORT IS PUBLISHED
On 10th December – appropriately enough International Human Rights Day – I had the tremendous privilege of being in Dublin with the victims of the Dublin and Monaghan bombings in 1974, when the report of Judge Baron was published. It is an immensely detailed report, which took four years to produce, and I have yet to absorb it in its entirety, but the headlines are stark enough. He has confirmed that the bombings were carried out by loyalists from Northern Ireland, and has not ruled out the possibility that they may have had help from the British security forces. He has also criticised the police investigation by An Garda Síochána and condemned the indifference of the Taoiseach, Liam Cosgrave, and his administration to the fate of the victims and to their rights. The British government is also indicted for its failure to co-operate with Judge Barron’s investigation. The report is being studied by a joint committee of the Oireachtas who will decide whether a public inquiry is needed. I cannot believe that they will conclude otherwise.
OMAGH REPORT SUPPRESSED
A week after the Barron report was published, the Irish Minister of Justice, Michael McDowell, told the Daíl that the Nally Report – produced by three former senior civil servants – had cleared An Garda Síochána of withholding information from the RUC which might have prevented the 1998 Omagh bombing. Unfortunately, this report is not being published, nor even disclosed privately to the Omagh victims, on grounds of national security. Inevitably, the victims are not satisfied by a behind-closed-doors investigation in which they have had no part. Such secrecy is also unfair to the police officers concerned, who have not been publicly vindicated. Nor was the full report of the Police Ombudsman for Northern Ireland published, in which she criticised the RUC for failing to act on intelligence which might have prevented the bombing, and which led to the Nally investigation. We support the victims’ call for a public inquiry. They deserve to know, and so do the public, whether or not mistakes were made and whether or not this horrible atrocity could have been avoided. These are not matters that can be swept under the carpet. A public inquiry is needed – as in the other cases mentioned in this BIRW report – so that lessons can be learned and so that similar tragedies cannot recur.
BIRW SEEKS TO INTERVENE IN MCKERR CASE
BIRW has petitioned the House of Lords for permission to intervene as a third party in the McKerr case. This is one of the cases which made legal history in the European Court of Human Rights. Gervaise McKerr died in one of the “shoot-to-kill” incidents investigated by John Stalker. The European case was one of four which established that persons killed by agents of the state are entitled to an effective and independent investigation. The House of Lords case revolves around the issue of whether cases that arose before the Human Rights Act came into force are entitled to the protection of Article 2 of the European Convention on Human Rights, which guarantees an effective investigation. The case is due to be heard in February 2004.
PSNI TO RECORD SECTARIAN ATTACKS
It may surprise some people to learn that the police in Northern Ireland have not been recording sectarian incidents as such despite their prevalence. However, that is about to change. We have recently responded to a PSNI consultation over the definition of “sectarian”. In our response we praised the PSNI for monitoring sectarian incidents, and for recognising that victims have the right to define an incident as sectarian. We also asked for more information about the guidance and training that officers will receive to enable them to correctly identify such incidents themselves.
BIRW WARNED BY POLICE OF IRA THREAT
I was somewhat surprised on 3rd December to receive a visit from Special Branch on behalf of the PSNI to tell me that our details had been found in materials seized from a person or persons alleged to be members of the IRA. Apparently a copy of a letter I had written to the Minister of State for Northern Ireland had been found. I pointed out that I myself might have sent the copy of the letter to the person(s) concerned. However, as is usually the case, he was unable to give me any further details, so I was completely unable to assess the level of threat, if any, his warning posed. I have written to the Chief Constable asking for more information and pointing out that the duty to protect the right to life that the Human Rights Act places on the PSNI extends beyond the imparting of useless, and potentially frightening, information. I do not seriously believe that the IRA has it in for BIRW, since we have helped so many of their members with genuine human rights problems, but the way that the PSNI handles such matters gives serious cause for concern for people who are truly at risk. It also makes me wonder what is meant by “material useful to terrorists”, if having information about human rights groups counts towards the crime of possession of such material.
GRANT FROM TWO GARDEN COURT CHAMBERS
Very grateful thanks to Two Garden Court Chambers for their grant of £2,500 in support of our work. They have supported us since our very early days and we are proud to be associated with a set of chambers who have been involved in so many ground-breaking legal cases.
ANNUAL REPORT, ANNUAL APPEAL
BIRW’s annual report for 2003 is now available. Copies have been sent to everyone on our mailing list, and it is also available on our website. On 10th December, International Human Rights Day, we sent out our annual appeal for financial support. If you think we are doing good work, I hope you will consider sending us a donation. Every penny we receive will be put to good use helping people from all sides of the community in Northern Ireland to vindicate their human rights and working to stitch human rights values into the peace process.
FAREWELL ALINA
This month sees the end of Alina Potts’ internship. We thank her for her work and wish her well in the future.
OPERATION KEEPS DIRECTOR FROM DESK
Owing to surgery for a torn tendon in my shoulder, I shall be forced to sit around doing nothing until at least 12th January 2004. Elizabeth Folarin will be holding the fort at BIRW HQ, but please bear with us if normal service is temporarily interrupted.
unsolicited plug for the portadown news
Because it’s Christmas I’m going to share a secret with those of you who don’t already know. Ever feel the need to regain your sense of humour on matters Northern Irish? Ever think that if you have to listen to another sectarian rant you’ll go mad? Ever wondered what the people in the streets are really thinking about policing, drugs, or politics? Visit http://www.portadownnews.com – it’s the antidote to everything. The latest issue of The Portadown News is a scream.
SEASON’S GREETINGS
Allow me to extend the compliments of the season to all our friends and supporters. Above all, I hope that 2004 brings peace and justice to all who need them.
Jane Winter,
Director,
19th December 2003.
For Peace Justice & Human Rights
