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NOVEMBER 2003
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.
david mcilwaine – a victory of sorts
On 21st November 2003 Paul McIlwaine, the father of David McIlwaine, who was murdered with Andrew Robb in February 2000, won an important victory in the High Court in Belfast. The two young men were brutally murdered by loyalists during a feud in which they were not involved. The coroner had ruled that Article 2 of the European Convention on Human Rights, which protects the right to life, was not engaged and that the family were only entitled to a very limited inquest. The Northern Ireland Commission on Human Rights intervened in support of the family. Although the written judgment is not yet available, Mr Justice Kerr found in the family’s favour. His ruling means that anyone who is killed, whether by agents of the state or paramilitaries or criminals, is entitled to an effective investigation and to be properly involved in that investigation. Our thanks to Claire Leonard for attending this hearing as our independent observer. Although we are very pleased that Paul McIlwaine won his case, it is shocking that when the case finally came to court the coroner reversed his position and conceded that Article 2 was engaged. Had he taken this position in the first place he could have saved the family months of wasted time and a large amount of public money.
law on lethal force
On 20th November I spoke at a seminar organised by Doughty Street Chambers in London on the repercussions of the Amin case (reported on last month) for those who had not received an effective investigation into a loss of life.
BLOODY SUNDAY EVALUATION
We have appointed Alison Mitchell to evaluate the impact of our observer’s post and the two family liaison posts created to assist the victims throughout the duration of the Bloody Sunday Inquiry. We are grateful to The Atlantic Philanthropies and the Joseph Rowntree Charitable Trust for making this possible. Our aim is to see how useful these posts have been and to see whether such appointments might be useful in other public inquiries. Alison has attached a brief questionnaire to the web page that gives access to our monthly reports on the BSI, which we hope visitors will complete.
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.
monitoring the firing of plastic bullets
We have written to Geoff Hoon, the Secretary of State for Defence, drawing his attention to the fact that the Police Ombudsman has been unable to resolve complaints made to her concerning the firing of plastic bullets because she is unable to ascertain whether the bullets were fired by police officers or soldiers.
The figures show that police officers fire many more plastic bullets than soldiers, so on the balance of probabilities it is more likely than not that police officers are responsible for these injuries and breaches of the guidelines. However, because there is no system for monitoring the firing of plastic bullets by soldiers, police officers can act with impunity so long as the Police Ombudsman cannot establish who fired.
LOBBYING FOR BEGINNERS
On 27th November I held a seminar at the Institute of Commonwealth Studies on the gentle art of lobbying for the students taking a master’s degree in human rights.
Jane Winter,
Director,
28th November 2003.
For Peace Justice & Human Rights
