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APRIL 2004
CORY REPORTS PUBLISHED: GOVERNMENT DENIES FINUCANES AN INQUIRY
The government finally and reluctantly published Judge Cory’s reports on the cases of Patrick Fincuane, Rosemary Nelson, Robert Hamill and Billy Wright on 1st April. The Rosemary Nelson and Robert Hamill inquiries are to take place under the Police Act and Billy Wright’s will take pace under the Prisons Act. While we welcome these inquiries very much, it remains to be seen how much control the Secretary of State will seek to exercise over the manner in which they are conducted. It is vitally important that the families are consulted about the terms of reference for the inquiries and that they should have confidence in whoever presides over them.
In the case of Patrick Finucane, however, the government have acted disgracefully. They have spoken only of “set[ting] out the way ahead” at “the conclusion of prosecutions [plural]”. There is only one prosecution in train at the moment, that of Ken Barrett, who is alleged to have been one of the gunmen. The Director of Public Prosecutions has been thinking for many months about whether to prosecute in some 20 other cases, none of which would be likely to impinge on a public inquiry. We share the Finucane family’s concern that these cases will be drip-fed into the system in order to add to the 15 years’ delay they have already suffered. We already know that the government has much to hide – the Finucane report was the most heavily redacted of all. It is now clear beyond reasonable doubt that this government would rather be part of the problem than part of the solution. By their actions they condone state killings and impunity for state actors. Shame on them.
BIRW SEEKS DEPUTY DIRECTOR
Here is your chance to join our small but dynamic organisation. We are currently recruiting for a deputy director. Details will appear on our website and elsewhere on 5th May 2004.
REPORT ON DUBLIN AND MONAGHAN BOMBINGS A DISAPPOINTMENT
The sub-committee of the Joint Oireachtas Committee considering Judge Barron’s report into the 1974 Dublin and Monaghan bombings has ordered a public inquiry into the shortcomings of the police investigation and the files that had gone missing when Judge Barron wanted to study them. However, the Committee copped out of Ireland’s greater responsibilities by recommending a public inquiry into the bombings in Britain, preceded by a Cory-style private investigation. How much more powerful if Ireland had held its own public inquiry and shamed the United Kingdom into co-operating, instead of recommending something that is unlikely to happen and is not within their control.
COLOMBIA THREE
We welcome the acquittal of the Colombia Three – Niall Connolly, Martin McCauley and James Monaghan – on the serious charges of training FARC guerrillas. It has long been clear that these were trumped-up charges that would not stand up in court, and we salute the judge for retaining his independence under difficult circumstances. We had monitored this case from afar because of our fears that the men might not receive a fair trial and because of fears for their safety in Colombian jails. Although they may now be eligible for bail, they remain in prison, where their safety cannot be guaranteed. We have recently made representations to the Irish government and asked them to redouble their efforts on behalf of their citizens.
SUPPORT FOR OUR WORK
We are pleased to acknowledge receipt of a grant of $25,000 from the Hilda Mullen Fund, towards our work on human rights and the peace process. We are tremendously grateful to them for their consistent support for our work. Thanks also to the American Ireland Fund, under whose auspices this grant was paid.
VISIT TO THE UNITED NATIONS
On 5th April I went to Geneva, where the Commission on Human Rights was in session. I met Mr Despouy, the new Special Rapporteur on the independence of judges and lawyers, and staff working for the Special Rapporteur on freedom of expression and the Special representative on Human Rights Defenders. We discussed, among other topics, the situations of lawyers and journalists in Northern Ireland. On 16th April the Irish government broke with their self-imposed tradition of not speaking on Ireland-specific topics while chairing the European Union, to speak out on the floor of the UN about the failure of the UK to initiate an immediate public inquiry into Patrick Finucane’s murder.
BRIEFING FOR THE COUNCIL OF EUROPE
On April 20th I had the pleasure of meeting Miroslav Ouzký MP and Pavel Chevtchenko of the Political Affairs Committee of the Council of Europe to brief them about human rights issues in Northern Ireland. We discussed ways in which the Council of Europe could assist in promoting respect for human rights despite the continuing elements of conflict there.
INQUESTS IN NORTHERN IRELAND
We have responded to a further consultation by the Northern Ireland Courts Service on the future of the inquest service in Northern Ireland. In our response we have expressed out concern about an apparent cut in resources for the inquest service, at a time when it is struggling to deal with a backlog of cases and a lack of clarity in the law, following the UK’s failure to act on decisions by the European Court of Human Rights in the cases of Jordan and others to improve inquest procedures.
ALL CHANGE AT CAJ
Many congratulations to Maggie Beirne on her appointment as Director of the Committee on the Administration of Justice in Belfast. CAJ has lost in swift succession the outgoing director, Martin O’Brien, and its Legal Officer, Paul Mageean, both of whom will be sorely missed. However, Maggie will take over the helm admirably and we look forward to working with her in her new role.
Jane Winter,
Director,
30th April 2004.
For Peace Justice & Human Rights
