DIRECTOR'S REPORT December 1998

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December 1998

The High Court in Belfast has dismissed the action for damages by solicitor Patricia Coyle against an RUC officer, who she alleges, assaulted her while she was attending a client in the police station. This disastrous decision holds that solicitors are licensees in police stations who can be evicted using reasonable force if they refuse to leave when asked to do so. An appeal is pending.

On 27th November the Bloody Sunday Inquiry ruled on the question of immunity from prosecution. They decided to ask the Attorney-General to issue an assurance that "nothing said to the Tribunal by any person, either before or at the oral hearings, could or would be used in subsequent criminal proceedings against that person." We have sent a submission to the Attorney-General arguing against any such blanket immunity and saying that, since no-one has actually asked for immunity it is premature to issue such an assurance. This is a crucial issue which may determine whether some of the relatives continue to participate in the Inquiry.

We have also sent a further submission to the Inquiry arguing for hearings of soldiers' testimony to take place in Derry rather than London. Rulings on this issue and on that of anonymity of witnesses are awaited.

In the meantime, Counsel to the Tribunal has issued a report in which he comes to various preliminary conclusions, based on some of the material that was before Widgery, without acknowledging that some of that material, especially soldiers' statements, is very contentious. This is another worrying development.

The good news on Bloody Sunday is that a Derry businessman has offered the relatives the use of city-centre accommodation very close to the Guildhall as their campaign headquarters. The relatives have decided to set up a Bloody Sunday Forum to bring in a wider groups of people to advise them throughout the Inquiry.

Judgment on this appeal was issued on 17th December. His conviction for conspiracy to cause explosions, including the Hyde Park bombing, was overturned by the Court of Appeal, although they made remarks casting doubt on his innocence, a practice which is to be regretted. Danny McNamee's case was the first to be referred back to the Court of Appeal by the new Criminal Cases Review Commission.

On 30th November the UN High Commissioner for Human Rights delivered a lecture to the United Nations Association entitled "The Mortal Power of Affirmation", in celebration of the 50th anniversary of the Universal Declaration of Human Rights. She emphasised the need for the next fifty years to concentrate on the implementation of the Universal Declaration's agenda, and said of Northern Ireland that, "… the Belfast Agreement, by placing human rights at the heart of the peace process, indicates the capacity of such an approach to effect a means of addressing conflict."

On 1st December I had the pleasure of hearing Arthur Harvey QC, Chairman of the Northern Ireland Criminal Bar Association, deliver the Cloisters Lecture under the title "The Door into the Dark: Human Rights Distortions in Northern Ireland". His trenchant analysis gave the audience of English lawyers much food for thought.

This year's BBC lecture in memory of Richard Dimbleby was given by George Mitchell on "Principles of Peace" on 2nd December. Fiona Murphy and I attended.

I am delighted to report that we have received the first instalment of a grant of £40,000 a year for three years from a donor who wishes to remain anonymous. This very significant contribution means that we are now only £21,000 short of all the funding we need until the end of 2001. We launched a funding appeal on Human Rights Day, 10th December, to help fill this gap. We will be reviewing the need for our continued existence over the next three years. It may be that we will be able to wind up our activities by then, or we may need to raise further funding if there is still a need for our services. In the meantime, we are very grateful indeed to this donor, without whose generous support we would not have come this far and would not be able to see our mission through to its completion.

I am also very pleased to report that we have been notified of a second donation by John T Sharkey of $6,500, to be paid under the auspices of the American Ireland Fund. This continued support from our good friend Jack, of whose genuine concern for human rights issues we are well aware, is greatly appreciated.

Our 1998 report is now available. If you have not already received a copy, you will find one in this mailing.

Seamus Ludlow was murdered near Dundalk in May 1976. For years it was claimed that he had been murdered by the IRA as an informer, but 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 recently produced a report bringing together all the known facts about his case. Many thanks to Dolores Rooney for her work on the report.

This award was won by Neville and Doreen Lawrence, the parents of Stephen Lawrence, a black youth murdered in a racist attack which the Metropolitan police failed to recognise as such. I cannot think of more fitting recipients.

This office will be closed from 22nd December and will re-open on 4th January. Warmest good wishes for a happy Christmas and a peaceful New Year to all our friends.

For Peace Justice & Human Rights

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