DIRECTOR'S REPORT February 1998

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February 1998

Sadly, it now seems highly unlikely that the talks process in Northern Ireland will produce a negotiated settlement and that the British and Irish governments will be left to design a proposal to form the basis of the two referenda. The failure of the talks process will make their task more difficult because it will almost certainly be accompanied by an increase in violence.

So far as human rights are concerned, we have always argued that it is for the governments to lead the way. If they are bold and imaginative, they can bring in reforms that will reinforce those who oppose a return to violence. Oppressive laws that deprive people of their rights also relieve them of any sense of civic responsibility. Such laws over the past 30 or more years have only made matters worse. We urge both governments to announce as part of any package that they propose a programme for bringing the criminal justice system into conformity with international human rights standards, radically reforming policing, and tackling inequality. Unless these issues are taken on board, no political proposal is likely to succeed.

On 29th January 1998, one day short of the 26th anniversary of Bloody Sunday, Tony Blair made history when he announced a new public inquiry into those tragic events. This courageous and momentous decision effectively quashed the findings of the long-discredited inquiry held by Lord Widgery. For the first time, a British government has acknowledged that troops acting in its name killed unarmed civilians, that it has a duty to establish the truth, and that the public interest demands a full inquiry. The government has already given a written assurance of its own and its agents' full co-operation with the inquiry. Its findings are likely to be uncomfortable reading for many in government, the military, the intelligence service and the civil service.

It is possible that any IRA men who were in Derry on that fateful day are in possession of vital pieces in the jigsaw, and it is to be hoped that they will come forward and tell what they know. If they do, that too will be a momentous step. A judicial inquiry is a far cry from a truth commission. However, an inquiry set up twenty six years after the event in tacit admission of an official cover-up aided and abetted by the most senior judge in the land may be the nearest that Northern Ireland will ever get to a truth commission. How all the various parties respond and conduct themselves could have far-reaching consequences, not only for Bloody Sunday and its victims, but for the peace process itself.

The decision to hold a new inquiry into Bloody Sunday was right and just. The government is to be congratulated on living up to its responsibilities. Hopefully, this will not become a solitary exercise in doing what is right but will herald a new approach towards the many human rights abuses that have resulted from the conflict. Let us hope that Bloody Sunday can cease to be part of the problem and become instead part of the solution.

It was a privilege for me to be invited to be present to advise the relatives when the announcement was made, and to know that our on this case since 1992 has made a contribution to bringing about a new inquiry. Many others have also played key roles, particularly the families' lawyers Madden & Finucane and the Irish government, while author Don Mullan and Channel 4 News have generated vital publicity and research. However, it is the families themselves who have kept the flame of justice alive for all these years, and ultimately the credit is theirs. British Irish RIGHTS WATCH will of course continue to work on the case to assist in ensuring that the new inquiry is a success.

I am delighted to report that Garden Court Chambers has decided to renew its support for our work by making a contribution of £2,500 per year for the next four years. Garden Court Chambers were one of our earliest supporters and have consistently made a significant contribution towards our stability as a project. To the best of our knowledge, they are unique in having a fund for supporting work such as ours, and we are proud and grateful that they have renewed their commitment to us.

David Adams was arrested on 10.2.1994 when the RUC foiled an alleged attempted assassination of a senior police officer by the IRA. Independent eyewitnesses supported his allegations that he was severely beaten by the arresting officers while offering no resistance. Among his injuries were two broken ribs, a punctured lung and a serious scalp wound. Despite his condition, he was not taken to hospital but to Castlereagh, where RUC officers deliberately broke his leg by repeated kicking. When a doctor ordered his immediate hospitalisation, he was detained for a considerable time while he was stripped of his clothing and subjected to forensic tests. This was the worst case of ill-treatment that we had come across in many years, and we complained to the United Nations Committee Against Torture about his case. On 18.2.1998 the High Court in Northern Ireland awarded David Adams £30,000, including exemplary damages, after holding that RUC officers had lied to the court. We have written to the Chief Constable asking what action is being taken against these officers, and to the Director of Public Prosecutions asking him whether he intends to call for a report. Although this was a particularly bad case, it demonstrates much of what is wrong with policing in Northern Ireland, particularly the lack of any proper scrutiny over what happens in the holding centres. The Committee Against Torture, as well as the UN Human Rights Committee, have called for the closure of those centres. We repeat that call.

The meeting we held in Belfast on 2.2.1998 to discover lawyers' experiences of how the CCRC is dealing with alleged miscarriages of justice threw up a number of serious concerns. Together with the Committee on the Administration of Justice we have written to the CCRC, expressing these concerns and seeking a meeting. We have also offered to provide training for its members and staff.

The Secretary of State's decision on extradition is still awaited. In the meantime, her German lawyer has expressed strong reservations concerning the case against her.

Dato' Param Cumaraswamy's report will be presented to the UN on or around 31st March. I shall be going to Geneva to attend the Commission on Human Rights when he does so. Meanwhile, we continue to receive reports of serious abuse against lawyers in Northern Ireland.

On 28.1.1998 I gave a talk to graduate human rights students at the Institute of Commonwealth Studies on making third party interventions. One unforeseen outcome of this lively discussion was that a number of my audience volunteered to act as observers during the forthcoming marching season, which unfortunately looks set to be as turbulent as ever.

As with many NGOs, much of our daily work is in a sense invisible. This past month has been very hectic for me, with visits to Derry, Belfast and Dublin. In between these and the considerable amount of work generated on Bloody Sunday, we have received numerous letters from prisoners and requests from lawyers for consultancy on issues including the screening of witnesses, the definition of terrorism, practice on allowing trainee solicitors to be present during police station interviews, media censorship, and the treatment of time served abroad when calculating sentences for extradited prisoners. I have also spent some time fundraising on behalf of the Bloody Sunday Trust, who want to recruit someone to assist the families with the new inquiry. Next month includes trips to Manchester, Belfast, Dublin, Washington and Derry, all of which have to be organised and planned.

For Peace Justice & Human Rights

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