DIRECTOR'S REPORT February 1999

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February 1999

On 12th February - the tenth anniversary of the murder of Belfast lawyer Patrick Finucane - British Irish RIGHTS WATCH delivered a confidential report to the British and Irish governments and to the United Nations concerning state involvement in loyalist murders in Northern Ireland. The report highlighted his murder and that of Gerard Slane and Terence McDaid. The report sets out in detail the activities of the Force Research Unit, a British army intelligence cell that helped loyalists to target people for assassination. It also alleges that in Patrick Finucane's case the RUC may have incited his murder. We have called for an independent inquiry into these serious allegations, and are awaiting the response of the two governments.

On the same day, the Finucane family presented both governments with a petition signed by over 1,000 lawyers around the world supporting the call for an inquiry. This call has been backed in the editorial columns of the Irish News, the Sunday Times, and the Irish Voice. It has also been echoed by human rights and lawyers' groups around the world, including the Law Society and Bar Council of England and Wales, the International Bar Association and the Bar Councils of Northern Ireland and the Republic of Ireland. This is an issue that is not going to go away.

On 25th February the Attorney-General gave the assurance sought by the Inquiry that evidence given before the Inquiry, whether oral or written, would not be used in any subsequent criminal proceedings against the witness. Although the Attorney-General says that his assurance does not grant anyone immunity from prosecution, in reality it will make it very much harder to prosecute anyone who confesses to murder before the Inquiry.

Marie Ryan, who will be our full-time observer when the Inquiry takes place, attended the judicial review hearing which took place in London from 23rd to 25th February concerning the challenge by four soldiers - know only as B, O U and V - to identify by their surnames. British Irish RIGHTS WATCH supplied an affidavit in support of the relatives' contentions in the case. Judgment is awaited.

We have also supplied an affidavit in the judicial review brought by Peter McBride's mother, challenging the decision by the Army Board to reinstate Guardsmen Fisher and Wright into the army, despite their conviction for the murder of Peter McBride. He was aged only 18 when he was killed at an army checkpoint, moments after he had been searched and been found to be unarmed.

On 18th February I travelled to Dublin and Dundalk to attend a press conference and public meeting concerning the murder near Dundalk in May 1976 of Seamus Ludlow. He was apparently murdered by the Red Hand Commando, with two of the four assassins being serving members of the Ulster Defence Regiment at the time. Serious questions arise as to why the killers were able to strike over the Irish border and why both the RUC and the Garda Siochana appear to have covered up the truth about the murder. We have sent a report on this brutal killing to both the Irish and British governments.

Ireland's Supreme Court has upheld the draconian new powers adopted by the Irish government in the wake of the Omagh bombing. Dealgal Lavery challenged his arrest on the grounds that his solicitor had not been told what went on during police interrogations from which his lawyer was excluded, and could not therefore properly advise him about the new rules on the right of silence. Although Judge Catherine McGuinness ordered Dealgal Lavery's release on appeal, the Supreme Court rescinded her order and found for the state. The case is now bound for the European Court of Human Rights.

I attended a meeting in Belfast on 25th February of international and domestic NGOs concerned with human rights in Northern Ireland. A wide range if issues was discussed and joint strategies agreed on a number of topics.

I chaired a workshop on accountability at the Committee on Administration's conference on policing in Northern Ireland, which took place on 26th and 27th February. This excellent conference, which was attended by a wide spectrum of people as well as two members of the Patten Commission - Dr Maurice Hayes and Peter Smith QC, heard from a panel of domestic and international experts, as well as generating its own ideas in workshops. Congratulations to CAJ on a timely and constructive contribution to the debate.

Well, no, British Irish RIGHTS WATCH has not been awarded the Order of Merit, but I did have the honour of meeting HRH The Princess Royal at an event celebrating the 50th anniversary of the Institute of Advanced Legal Studies, where I am a visiting fellow.

The names of the nine part-time Commissioners have just been announced. Five of them - Christine Bell, Angela Hegarty, Tom Hadden, Paddy Kelly and Inez McCormack - are well-known to us as champions of human rights. We are glad to see such a strong team in place to support Chief Commissioner Brice Dickson, and wish all of the Commissioners well in their crucial task.

February has been an intensely busy month, with three trips to Ireland, north and south, in three weeks. We have spent over £1,000 on travel costs this month alone. With two trips to Washington and another to Geneva coming up in the next two months, plus of course more trips to Ireland, our travel budget is stretched to breaking point. If anyone reading this feels moved to send us a donation, we promise to put it to good use.

For Peace Justice & Human Rights

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