Directors Report March/April 1999

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MARCH/APRIL 1999

The callous murder of Rosemary Nelson on 15th March 1999 not only deprived her family of a beloved wife and mother and her clients of a gifted advocate, it also struck at the heart of justice and the rule of law. British Irish RIGHTS WATCH has serious concerns about the police investigation into her death. In particular, in view of the fact that many of her clients reported death threats against her by RUC officers, we do not consider that RUC officers should be involved in the investigation. We have twice met the Secretary of State, together with other human rights groups, to express our fears that the investigation will prove inconclusive and incomplete. We have also met Colin Port, Deputy Chief Constable of Norfolk, who is heading the police investigation. Rosemary's murder was intended to discourage lawyers and other human rights defenders from rigorously pursuing contentious cases. We owe it to her memory not to be so deterred, and least of all where her own case is concerned.

On 20th April the Justice/Times awards honoured Rosemary's life and work with a special award, accepted on her behalf by her husband Paul. The award was presented by the Chancellor of the Exchequer, Gordon Brown, at 11 Downing Street.

We have yet to receive a reply from the British government to the report we delivered to them on 12th February, the tenth anniversary of Patrick Finucane's murder, alleging official collusion in his death and that of many others. The Irish government has made its own assessment of our report, and we understand that they have told the British government that the case for an independent inquiry is compelling. In the meantime, in a move that we regard with the deepest misgivings, the RUC Chief Constable, Sir Ronnie Flanagan, has passed our report to John Stevens, now Deputy Commissioner of the Metropolitan Police, who has twice previously investigated the murder and failed to bring anyone to account. The Chief Constable now argues that Stevens' investigation must be concluded and his report studied by the Director of Public Prosecutions before any decision can be made about whether to establish an independent inquiry. This is, in our view, a clear attempt to delay matters for many months if not years. We believe that our report only revealed the tip of a very murky iceberg, and that the proper time for a further police investigation would be after the findings of an independent inquiry have been made public. The Finucane family have waited ten years for justice; they should not be expected to wait even longer because of an ill-conceived move on the part of the Chief Constable of the RUC, most especially when our report suggests that RUC officers themselves may have incited the murder and may have colluded in it.

On 12th April the UN Special Rapporteur on Judges and Lawyers, Dato' Param Cumaraswamy, delivered his most recent report to the Commission on Human Rights. In it he heavily criticised the UK government for failing to act on his recommendation for a full inquiry into Patrick Finucane's murder, and he told the Commission that he was even more convinced of the need for such an inquiry than he was when he first called for it last year. He has also been taking a close interest in the police investigation into Rosemary Nelson's death, and has met the Secretary of State and Colin Port to discuss it. He very kindly organised a memorial meeting for Rosemary in Geneva, which was addressed by Mary Robinson, the High Commissioner for Human Rights.

The Law Society of Northern Ireland is the last professional body on these islands to refuse to back the call for an independent inquiry into the murder of Patrick Finucane. The President of the Law Society, Catherine Dixon, went so far as to remove an item discussing our report on the case from the agenda of the human rights sub-committee, which prompted the Chair of the sub-committee, Barra McGrory, to seek judicial review. The Law Society responded by calling a special meeting of the ruling Council, which decided by a narrow majority not to back the call for an inquiry, a decision will, we believe, be recalled with shame in the future. The law societies and bar councils of England & Wales and of the Republic of Ireland have all backed the United Nations' call. Solicitors in Northern Ireland have now requisitioned an extraordinary general meeting of the whole membership of the Northern Ireland Law Society, in a bid to reverse the Council's decision. The meeting will also consider motions calling for a fully independent investigation into Rosemary Nelson's murder and of no confidence in the Council.

Many thanks to our dear friends the Dunfeys for their invitation to joint them during the St Patrick's Day celebrations in Washington. Although the events were overshadowed by Rosemary Nelson's murder, the American Ireland Fund Gala Dinner and the Global Citizens Circle meeting honouring Mo Mowlam and Kathleen Kennedy Townsend for their achievements were memorable occasions. Our thanks to the Dunfeys and to many other American friends for their understanding and support through what was a very difficult time.

On 22nd April the House Committee on International Relations held hearings on policing in Northern Ireland. Diane Hamill, whose brother Robert was kicked to death by a loyalist mob while RUC officers allegedly looked on, Monsignor Raymond Murray, Father Seam McManus, and Tony Carragher of the South Armagh Farmers and Residents Committee all testified about some of the problems faced by the nationalist community. Professor John McGarry, Amnesty International, Human Rights Watch, the Committee on the Administration of Justice and British Irish RIGHTS WATCH also testified about some of the reforms that will be necessary in the future. Warm tributes were paid to Rosemary Nelson, in particular by Congressmen Ben Gilman and Chris Smith, before whose Subcommittee Rosemary testified last September.

On 16th April I travelled to Belfast to meet the team that is conducting the review of the criminal justice system, which was established by the Good Friday Agreement. We had an interesting and wide-ranging discussion about a number of issues. I emphasised that no amount of reform within the criminal justice system, however worthwhile, will work while emergency laws and Diplock courts remain in place and unless there is radical reform of policing in Northern Ireland.

The House of Lords finally gave judgment in the appeal of Graham Bingham on 11th March. Graham Bingham had been convicted, along with other loyalists, of the murder of Anne Marie Smyth after she had been lured to a non-existent party. His appeal hinged on the decision of the trial judge to draw adverse inferences from his failure to testify in his own defence, after his own counsel had sworn him in but declined to put any questions to him. The House of Lords rejected the argument that he had not received a fair trial. We understand that an application to the European Court of Human Rights is under consideration.

I have been asked by the sons of Mary and Dominic McGlinchey to investigation claims of collusion in their deaths. Both their parents were murdered, on separate occasions, in their presence while they were children. Now that they are adults, they have many unanswered questions concerning their parents' deaths.

A number of soldiers who testified before the discredited Widgery Tribunal under the cloak of anonymity have successfully judicially reviewed the new Bloody Sunday Inquiry's decision to identify them by their surnames. Mary Ryan, who will be our observer when the BSI commences later this year, attended as our observer. The High Court in London ordered the BSI to reconsider its ruling. Oral hearings were held in Derry on 26th to 18th April, which were attended by our observer Linda Brown. At this point, various RUC officers also decided to seek anonymity, and journalist Peter Taylor sought protection for his sources. The BSI's ruling is awaited. Our thanks to both our observers, and to our intern Alexia Brange for her research in the Public Records Office. In the meantime, lawyers acting for the families continue to have serious concerns about disclosure of documents. A vast volume of documents have been disclosed, but they are poorly indexed and there are technological problems in viewing and comparing documents.

British Irish RIGHTS WATCH now has its own website. You can find us at http://www.fhit.org/birw/. Many thanks to our intern Miriam Andrews and to ITSUVO for helping us to establish the site, and to Joseph Rowntree Charitable Trust for their financial support. The site is still in its early days, so please bear with us during any teething problems.

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