DIRECTOR'S REPORT August 1998

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August 1998

Last month I expressed the hope that the aftermath of Drumcree, especially the deaths of the little Quinn brothers, would be the swansong of those who wanted to wreck the peace process. That wish was extinguished by the horrific bombing of Omagh, may all its many victims rest in peace. Nevertheless, the peace process itself is intact, and may even be stronger as a result of these wicked attacks. The following factors all bode well for continuing progress towards peace: the large vote in favour of the peace agreement in the referendum in both Northern Ireland and the Republic; the high number of supporters voted in as Assembly members; the universal condemnation of the Real IRA and the refusal of local communities to shelter them; the Real IRA's announcement of its suspension of violence and INLA's ceasefire; the propulsion of Sinn Féin further into the democratic process after Omagh and the partial detachment of the UUP from the Orange Order in the wake of Drumcree.

How very sad it is, then, that both the British and Irish governments have reacted to Omagh by bringing in yet more repressive laws. In Britain, evidence from a senior police officer will be enough to convict someone of membership of a prescribed organisation, and suspects' silence under police questioning will be taken as corroborative of that evidence. In Ireland, similar provisions will apply. Ireland will also be bringing in for the first time a whole tranche of provisions that mirror those that have been in place in Northern Ireland for many years, including wider restrictions on the right of silence, extended detention without production before a court, and the creation of many new offences such as collecting and withholding information. These measures are a recipe for potential miscarriages of justice. We have always argued that there was no need for the panoply of emergency laws in the past, and there is certainly no rational case for bringing in extra laws at this stage of the peace process. We understand the pressure both governments are under after such an atrocity, but we are depressed that they have not learnt from past experience that hasty law making in the wake of such disasters leads to bad laws and rough justice. Ironically, those accused of terrorism here in Britain in past years have been convicted by juries (which are still denied suspects throughout Ireland) on the basis of good police detection and forensic evidence, rather than special laws. Repressive laws do not deter terrorists, as the evidence of the past 30 years graphically demonstrates, all they do it distort the criminal justice system and recruit martyrs to the cause.

The 8th August march - which seems like a decade ago - went off without serious incident after the Bogside Residents and the Boys reached a historic agreement. It is to be hoped that next year's marching season will be played to new ground rules in the light of the progress made this year.

We have been contacted by the family of Seamus Ludlow, who was murdered near Dundalk in May 1976. For years it was claimed that he had been murdered by the IRA as an informer - a dreadful stigma for his family, who never believed it. New evidence has recently emerged which suggests that in fact he was killed by up to four UDR soldiers who were also members of the Red Hand Commandos. It also appears that there may have been a cover-up by both the RUC and the Garda Siochana in order to protect one of the perpetrators, who may have been working for military intelligence. We have written to both governments asking them to open the books on this very murky case.

Elaine Moore, who was arrested in London last month and charged with being involved in a dissident republican fire bombing campaign and then held in an all-male jail, has been freed on bail. Further evidence has emerged that suggests that she may have been innocently involved with some of the other suspects.

Desmond Lindop was convicted in Northern Ireland of possession of ammunition in suspicious circumstances after the RUC raided his brother's home, where he was staying on holiday with his family. His brother had been manufacturing arms for use by loyalists. Desmond Lindop, an amatuer gun enthusiast, denied all knowledge of his brother's illegal activities, and has always denied the charges against him. His is still trying to clear his name. Last year he was devastated when Durham police charged him with illegal ownership of weapons which formed part of his private collection. It was clear to us that there was absolutely no merit in these new charges against him, which appear to have been brought in an attempt to obscure the unprofessional way English police had handled their side of the original investigation against him. We are glad to report that earlier this month the court dismissed all the new charges as an abuse of process.

We have spent some time investigating allegations that three defendants were assaulted by RUC officers in the precincts of Craigavon Magistrates' Court in June. We have asked the Lord Chancellor to investigate allegations by the men's lawyers that the Residential Magistrate refused to intervene when he was informed that the assault had taken place. We are taking up the assault itself with the United Nations.

Erica Wald, who spent some time with us as an intern last January, has returned to London form the USA and has very kindly offered her help with drawing up our chronology of the human rights aspects of the conflict and peace process. We are delighted to have her back.

The RIGHTS WATCH office will be closed for the first two weeks in September while I have my "summer" holiday. Normal service will be resumed on 14th September. I very much regret that this means I will miss President Clinton's visit to Ireland, because it means I will not get to see any of our American friends who are coming with him. I will think of you all on my French beach!

For Peace Justice & Human Rights

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