British Irish RIGHTS WATCH

# DIRECTOR'S REPORT #

APRIL 2002 

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# APRIL 2002 #

INTERNATIONAL JUDGE APPROACHED

The British and Irish governments have approached the Honourable Peter de Carteret Cory, a retired judge of the Supreme Court of Canada, to decide whether there should be public inquiries into the murders of Patrick Finucane, Rosemary Nelson, Robert Hamill, Billy Wright, Lord Justice and Lady Gibson and RUC officers Harry Breen and Bob Buchanan.  His appointment is yet to be finalised.

united nations criticises uk

On 4th and 5th April I was in Geneva for the UN Commission on Human Rights.  Once again the UK was criticised for not holding public inquiries into the deaths of lawyers Patrick Finucane and Rosemary Nelson.  Both Dato’ Param Cumaraswamy, the Special Rapporteur on judges and lawyers, and Hina Jilani, the Special Representative on human rights defenders, have repeated their calls for public inquiries.  Hina Jilani said in her report: “… a prompt and independent judicial investigation into the murders of lawyer Patrick Finucane in 1989 and solicitor Rosemary Nelson in 1999 are essential in order to restore a secure environment for human rights defenders in Northern Ireland”.

journalists at risk

While I was in Geneva I met with Abid Hussain, the Special Rapporteur on freedom of expression and opinion to discuss the situation of a number of journalists who are at risk in Northern Ireland and who are being denied access to the Key Persons Protection Scheme.  I also briefed him on developments in the investigation into the murder of Martin O’Hagan, whose case the Special Rapporteur raised in his report.

ANTHONY O’DOHERTY

Yet another miscarriage of justice where we have advised has resulted in an acquittal after the Criminal Cases Review Commission referred Anthony O’Doherty’s case back to the Court of Appeal.  He was serving twelve years for a serious assault which he has always denied.  His conviction hinged on a police officer’s claim to have identified his voice on a short, indistinct recording of a telephone call to the emergency services.  The appeal hinged on new expert evidence led by his defence team which has set new standards for voice identification in the courts.  Our thanks to Charleen Sumnall for acting as our independent observer at the hearings.

councillor patsy kelly

I travelled to Omagh on 17th April for a lengthy meeting with the PSNI to discuss the police investigation into the murder of independent nationalist councillor Patsy Kelly in 1974.  No-one has been prosecuted for this heinous murder, which is all the more disturbing because of allegations that serving soldiers killed him and RUC officers covered it up.

MAJELLA O’HARE

On 19TH April I had another meeting with the PSNI, this time in London, to discuss the police investigation into the death of twelve-year-old Majella O’Hare, killed by a soldier in 1976.  Although a soldier was tried for manslaughter, he was acquitted when Mr Justice Gibson accepted that he had fired at a gunman who he claimed had appeared in the hedge.  It is a hopeful sign that the PSNI are prepared to discuss these old cases, which cast a long shadow over the peace process and have blighted the lives of grieving families.

Justice for the Forgotten

I met lawyers and campaigners from the Justice for the Forgotten campaign on 10th April to discuss progress on the Commission of Inquiry into the 1974 Dublin and Monaghan bombings being conducted by Mr Justice Barron.  His report is expected soon, after which we hope that the Irish government will establish a public inquiry.  Later I the month three former government agents met the Irish government and Judge Barron to discuss their knowledge of security force involvement in the bombings and in other events involving incursions across the Irish border.

BLOODY SUNDAY

On 2nd September next the Bloody Sunday Inquiry will move to London in order to hear the soldiers’ evidence.  Our observer, Blinne Ní Ghrálaigh, whose reports our available on our website, will move with the tribunal.  We are extremely grateful to the Joseph Rowntree Charitable Trust, who fund her post, for agreeing to meet the extra costs that this will involve.  The victims’ appeal against the decision to allow RUC witnesses to be screened from view was heard last week.  Judgment was reserved.  A number of journalists, including Mary Holland of the Irish Times and Alex Thomson of Channel Four News, are refusing on principle to name the sources of some of their coverage of Bloody Sunday to the BSI.

Jane Winter,

Director,

30th April 2002.

 

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