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JANUARY 2003
Maura McDaid
It is with great
sadness that I record the death of Maura McDaid, widow of Terence McDaid, in
whose murder in 1988 the FRU were allegedly involved. Maura died just before Christmas after a short illness.
We are continuing to work with her family to continue the quest for
justice for her husband that she had begun.
It is very sad that she did not live to see success in her campaign.
Review of the Parades Commission
BIRW has sent a
detailed response to the report by the Review of the Parades Commission,
set up in response to unionist criticism. We
were originally sceptical about the
need for a Parades Commission, but once it came into being and began its work,
we changed our opinion. Having
monitored the work of the Commission closely over the years, we have concluded
that it has striven to make proportionate, fair decisions that have balanced the
conflicting rights at stake reasonably. Its
practice of publishing its reasons for its decisions on contentious marches not
only provides an admirable model of transparency, but it has enabled observers
to assess the Commission’s approach. In
our view, the Commission has succeeded in introducing an element of fairness and
consistency into decisions about contentious parades that was not achieved by
the police, the Secretary of State, or the courts prior to the setting up of the
Commission. Against this background
we consider the present review to be unnecessary. We regret to say that the proposals contained in the report
will not, in our view, achieve the “considerable acceleration in the trend
towards local accommodation” that the report envisages. Instead, we fear that the proposals, if adopted, will place
the police in severe difficulties and will deepen existing tensions.
MONEY MATTERS
Very grateful
thanks to the Hilda Mullen Foundation for news of a further donation of $20,000
in support of our work on the peace process, paid under the kind auspices of the
American Ireland Fund. We
appreciate their continued faith in our work.
Many, many thanks
too to all those who responded to our Human Rights Day appeal, which has raised
around £3,000 so far. It is not too
late to send us a donation if you would like to make a contribution.
Every penny we receive will be spent on the promotion of human rights and
justice for everyone who needs our help, regardless of religion, politics or
community affiliations.
DAVID McILWAINE
We have been
helping the family of David McIlwaine, brutally murdered together with Andrew
Robb near Tandragee almost three years ago, to put together a pamphlet about his
case. The pamphlet will be
available on our website soon.
ROSEMARY NELSON
On 9th
January I attended a meeting between Judge Cory and members of the Nelson family
to discuss his forthcoming investigation into her murder in 1999.
Once again the judge repeated his pledge not to engage in any political
balancing act between the six cases he is considering, but to treat each one on
its merits.
On 23rd
January I travelled to Lurgan to meet the PSNI Chief Constable Hugh Orde
together with members of Rosemary Nelson’s family and CAJ.
They aired a number of concerns about the police investigation with him,
and he undertook to look into a number of matters.
CHILDREN’S RIGHTS
The Northern
Ireland Office has put out a consultation document on a framework strategy for
children in Northern Ireland, to which we have sent a response.
We have welcomed the strategy and the forthcoming appointment of a
Commissioner for Children and Young People.
The children and young people of Northern Ireland have born the brunt of
the conflict, which has blighted the life of a whole generation and more.
We have encouraged the new Commissioner to draw heavily on international
human rights norms in relation to young people and stressed the need for
non-denominational education in Northern Ireland.
We have also argued for human rights to be incorporated into the core
curriculum in schools at all levels.
DONAL DE ROISTE
Early this month we
wrote again to the Taoiseach urging him regularise the position of Donal de
Roiste, who was forced to resign from the Irish army many years ago on foot of
allegations of collusion with the IRA which he says are groundless.
We have argued that all governments make mistakes from time to time, and
that the test of a good government is its ability to admit that and to enable
people like Donal de Roiste to clear his name.
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 their 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.
UK FAILS TO HEED EUROPEAN COURT
We have made 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. These four cases all concerned killings by soldiers or police officers and/or collusion. The Court laid down important rules for police investigations, inquests, and decisions by the Director of Public Prosecutions. The UK cannot hope to act as a role model for other countries joining the EU if it flouts the rulings of the Court.
ANOTHER WEAPON FOR THE POLICE
We were sad to see
that the Policing Board has agreed that the PSNI should be issued with CS spray.
We have written to the Board expressing our fears for the safety of both
the public and police officers exposed to this spray.
FUNDAMENTAL REVIEW OF THE INQUEST
SYSTEM
On 30th
January I met with some of the members and staff of the Coroners Review Team,
who are looking at the inquest system in England & Wales and in Northern
Ireland to discuss our submission to them.
We hope that they will set up a system that streamlines inquests in
ordinary cases and provides at long last a meaningful forum for dealing with
contentious cases.
DIRECTOR STARS AGAIN
I played a bit part
in an UTV Insight documentary broadcast on 30th January concerning
the recent resignation from the PSNI of senior Special Branch officer Bill
Lowry. Naturally I did not comment
on the resignation, but I was critical of the role that Special Branch has
played over the years and the difficulties encountered by the three Stevens
investigations into collusion in getting to the bottom of the murder of Patrick
Finucane.
BLOODY SUNDAY
30TH
January was the 31st anniversary of the events that have come to be
know as Bloody Sunday. On 26th
January I chaired a meeting at Camden Irish Centre to commemorate those events.
The meeting was addressed by Gerry Duddy, who lost his young brother
Jackie on Bloody Sunday and has campaigned assiduously for justice ever since.
Tony Benn also spoke memorably on the eve of his peace mission to
Baghdad, arguing that there is an urgent need to take the violence out of
politics and expressing his support for the victims of Bloody Sunday.
FAREWELL TO BLINNE
This month we take
our leave of Blinne Ní Ghrálaigh, who for the past year has been our
independent observer at the Bloody Sunday Inquiry. We wish her good health and happiness in the future and thank
her for her excellent work. Russell
Miller will take over form her on 2nd February.
Jane Winter,
Director,
31st January 2003.
For Peace Justice & Human Rights
