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FEBRUARY 2002
SISTER SARAH CLARKE
It is with great sadness that we mark the death of Sister Sarah Clarke. She was a doughty fighter for justice and there are many people who became caught up in both famous cases and ones that nobody knew about who will remember her with affection and gratitude.
PATRICK FINUCANE
On 12th February, the thirteenth anniversary of the murder of Belfast lawyer Patrick Finucane, the Lawyers Committee for Human Rights issued a new, comprehensive report on his case, Beyond Collusion: The UK Security Forces and the Murder of Patrick Finucane. On the same day a joint statement calling for a public inquiry into his death was issued by a number of leading human rights groups, including BIRW. The Law Societies and Bar Councils of Northern Ireland and of England & Wales issued a similar statement. I was in Belfast for the launch of all three documents. The Finucane family have now waited half as long as the Bloody Sunday victims for justice. One key witness at any public inquiry, William Stobie has been murdered; two others are in fear of their lives; others are ill; vital evidence has gone missing. The present government were not in office when Patrick Finucane was killed, but their on-going failure to carry out an effective investigation into this case means that they have made themselves part of the problem; they too are guilty of collusion.
barrie
bradbury gains protection
Barrie Bradbury, who was a source for the murdered journalist Martin O’Hagan, has suffered a catalogue of attacks after speaking out against the drugs barons. The Northern Ireland Office refused to allow him entry to the Key Persons Protection Scheme, despite police confirmation that his life is at a high level of risk. He took his case to court and eventually the NIO agreed to pay to make his home safe, although they did not formally accept him into the KPPS. Our thanks to Lisa Yu for observing this hearing on our behalf.
CHRISTY WALSH
I am sorry to say that Christy Walsh lost his appeal after being referred back to the Northern Ireland Court of Appeal by the Criminal Cases Review Commission. He has fought for many years to clear his name after being found guilty of possession of a coffee jar bomb. The Court of Appeal’s judgment was one of the worst I have seen emanate from the Diplock courts in the past decade, but the court denied Christy Walsh leave to appeal to the House of Lords. There must be something wrong with a system where the same court that has just turned someone’s appeal down decides whether to allow him a further right of appeal. Even though it means years more of struggle, Christy Walsh is now taking his case to the European Court of Human Rights, where I have no doubt he will succeed.
BLOODY SUNDAY
There has been yet another blow for the victims of Bloody Sunday this month, with the Bloody Sunday Inquiry bowing to applications from police officers to be screened from public view when they give evidence. This is despite the fact that they were not screened at the Widgery Tribunal, and some of them have even appeared on television. An application by the victims for judicial review of this decision failed, and is being appealed. No-one watching the historic second public inquiry into Bloody Sunday thirty years after the event can be left in any doubt that justice has to be fought for every inch of the way. The English courts have granted soldiers who are alleged to have murdered people anonymity, the right to be screened from view, and to testify in England. Now the Northern Ireland courts are protecting police officers. All of these decisions have been made in the name of the human rights of members of the security forces, even though in reality the risk to their safety is small and it ought to be possible to protect them – if Derry is safe enough for royalty to visit it is certainly safe enough for them! The human rights of the victims, on the other hand, seem to carry less weight.
SUPPORT FROM TWO GARDEN COURT
I am delighted to report that Two Garden Court Chambers has decided to renew its funding of £2,500 a year for the next four years. They have been among our staunchest supporters, giving us substantial donations since the very early days, and we are extremely grateful for their continued support and confidence in our work.
SEAMUS LUDLOW
On 21st February I travelled to Dublin to meet the Irish Attorney General together with the family of Seamus Ludlow, who was murdered in1976, allegedly by northern paramilitaries, some of whom were serving soldiers. His family are calling for a public inquiry, but the Irish government insists that all that is on offer is a private commission of inquiry similar to that currently looking at the 1974 Dublin and Monaghan bombings. The problem with that is that the family will not be able to scrutinise the evidence or submissions of police officers and others who have lied about the murder in the past. It is a matter of great regret that the Irish government, who have been ready to support the calls for public inquiries into murders in Northern Ireland, such as those of Patrick Finucane, Rosemary Nelson and Robert Hamill, is so reluctant to apply the same standards to a murder of one of its own citizens.
THE RIGHT TO LIFE AND INQUESTS
On 23rd February BIRW and the Committee on the Administration of Justice held a joint seminar on the implications of the rulings of the European Court of Human Rights in the cases of Jordan et al v UK for the inquest system in Northern Ireland. The seminar was addressed by Michael O’Boyle, a Registrar of the European Court, Mr Justice Kerr of the Northern Ireland High Court, Séamus Treacy QC SC, Professor Fionnuala Ní Aoláin, and Tom Luce and Deirdre McAuley of the team conducting a fundamental review of the inquest system. The seminar was very well-attended and attracted participants from coroners, the legal profession, the judiciary, the DPP’s office, the Police Service of Northern Ireland, NGOs and academia. A record of the proceedings will be available in due course. Grateful thanks to the School of Law at the University of Ulster for sponsoring this event.
POLICE PROGRAMME OF HUMAN RIGHTS ACTION
We have sent detailed comments to the Police Service of Northern Ireland on their proposed programme of action to implement the human rights recommendations of the Patten Commission on the reform of policing.
Jane Winter,
Director,
28th February 2002.
For Peace Justice & Human Rights
