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JULY/AUGUST 2004
WELCOME TO LORNA
I am very pleased to report that Lorna Davidson started work here on 16th August as our new Deputy Director. She is already hard at work and some of you will be hearing from her and meeting her in the very near future. Lorna comes to us from Human Rights First (formerly the Lawyers Committee for Human Rights) and before that worked on war crimes in the former Yugoslavia.
stevens steps down
Sir John Stevens has announced that he will be retiring as Commissioner of the Metropolitan (London) Police at the end of the year. However, he will continue to work on the investigations into collusion in Northern Ireland and into the death of Princess Diana – a combination which will doubtless satisfy conspiracy theorists everywhere. Irony apart, his decision to stay involved in the work on Northern Ireland guarantees his participation in the public inquiry into the 1989 murder of Belfast lawyer Patrick Finucane which the government is so anxious to avoid.
movement on the nelson, hamill and wright inquiries
On 28th July I attended meetings between Northern Ireland Office (NIO) officials and the families of Rosemary Nelson, Robert Hamill and Billy Wright to discuss the forthcoming public inquiries following the recommendations of Judge Cory. Two crucial aspects of these inquiries have yet to be decided: the terms of reference, and who will chair the hearings. Judge Cory has already found that there is a case to answer concerning state collusion in all three cases. BIRW is concerned that the NIO is too intimately concerned in establishing these inquiries. Public confidence in the administration of justice and the rule of law has already been significantly undermined by these murders and their aftermaths. These are cases where justice must not only be done but very clearly be seen to be done. The members of these tribunals will carry a heavy obligation to fulfil that requirement, and their foremost task will be to gain the confidence of the families and the many independent observers around the world who are following these cases closely.
second visit to the maze
On 12th August I visited the Maze prison for a second time with David Wright, Billy Wright’s father, and others. The prison has now passed from the control of the Northern Ireland Prison Service to that of the Office of the First Minister and Deputy First Minister, who were very helpful. We were allowed to visit any part of the prison that was relevant, and found this second visit most instructive. The site of Billy Wright’s murder is being preserved until such time as the public inquiry into his death no longer needs access to it. A deserted prison, and a murder scene at that, is a desolate place and I admire David Wright’s courage on insisting on seeing it for himself.
p j mcgrory memorial lecture
This year saw the tenth anniversary of the P J McGrory Memorial Lecture at the West Belfast Festival, which was chaired by Paddy McGrory’s widow, Phyllis. Paddy was a highly respected defence lawyer, and it was appropriate that the tenth lecture was delivered by Geraldine Finucane, widow of Pat Finucane. No-one who heard her could have failed to have been moved by her dignity and by the dreadful details of her fifteen-year long battle for justice.
response to home office consultation on terrorism v liberty
We have responded to the Home Office’s consultation paper, Counter-terrorism Powers: Reconciling Security and Liberty in an Open Society. We have told the government that, if our work in Northern Ireland has taught us anything, it is that terrorism is not overcome by adopting the terrorists’ methods or values. It is overcome by being better than the terrorists, even if sometimes occupying that moral high ground comes at an almost unbearable price. We are not saying that safety is not important, or that governments should not take every reasonable step available to them to try to prevent terrorist attacks, but “security”, as mentioned in the Discussion Paper’s title, is probably impossible to achieve in this uncertain world, where so many people are deprived of the “liberty”, also mentioned in the title, enjoyed by the privileged few who live in “open” societies. Rather than adopting the notion of “reconciling security and liberty” we prefer to recall the words of Thomas Jefferson, that, “The price of freedom is constant vigilance.” In the current context, that phrase can, perhaps, be read in two ways, but we are certain that our precious freedom cannot be preserved at the price of repression, no matter how few are oppressed nor how popular the measures.
report to un about stephen restorick
We have sent a confidential report to the United Nations’ Special Rapporteur on freedom of expression concerning attempts by the government to suppress allegations that those who murdered Stephen Restorick, the last soldier to die so far in the Northern Ireland conflict, were under surveillance. It has been suggested that the RUC Tasking Co-ordination Group stood down a surveillance team who might have been able to save this young soldier’s life. It has also been alleged that Stephen Restorick’s life was sacrificed in order to protect an informer. In its attempts to prevent this information from becoming public, the Ministry of Defence has sought, and obtained from the High Court, draconian injunctions silencing a former member of the army. It has also sought undertakings from Times Newspapers, who published the former soldier’s information, and threatened them with legal action.
response on second draft bill of rights
We have responded to the Northern Ireland Human Rights Commission’s second draft Bill of Rights for Northern Ireland. In it we have said that we appreciate that the Commission has put a great deal of work into the Bill of Rights so far, but fear that a draft Bill delivered to the Secretary of State in the next six months, whatever its content, may simply gather dust. There needs to be a groundswell of public support for a Bill of Rights, which will overcome the inclinations of those who wish to treat it as a political football, or even to kick it into touch. The principles which underlie human rights are beautifully simple. They can be grasped by anyone, and are inherently inspirational. The final version of the Bill of Rights must reflect those qualities, must command widespread public ownership, and, above all, must be able to make a difference to people’s everyday lives. The Northern Ireland Human Rights Commission bears a heavy responsibility for recognising that its role of advising the Secretary of State, important though that is, is less important that its duty towards the Northern Ireland people of enabling them to take create a human rights culture in which their own Bill of Rights can flourish.
BRIEFING OUR AMERICAN FRIENDS
On 26th July I met with a representative of the United States Embassy here in London to brief him on the human rights issues currently giving cause for concern in relation to the conflict and peace process in Northern Ireland. I emphasised the need for progress on human rights issues in order to help to create the bedrock in which any political progress at the forthcoming talks can take root. The peace process will only really advance in Northern Ireland when people can see tangible change for the better on the ground, and better policing, a better criminal justice system, real equality, and genuine respect for human rights, among other reforms, all have their part to play in bringing that about. America has played a very positive role in the peace process in Northern Ireland, and it is to be hoped they will continue to do so, whatever the outcome of their forthcoming elections.
IDENTIFYING THE POLICE
We have sent a response to the Police Ombudsman for Northern Ireland’s consultation exercise on what forms of identification the police should use. We have suggested that the following would help to improve police identification:
· clearly visible external identification on uniforms, by name rather than number
· unique identification numbers on equipment that can be traced back to the police officer concerned
· origin of police vehicles as well as serial numbers clearly displayed
· business cards as well as warrant cards
· name plates on desks in police stations, especially at reception
· the name of the duty sergeant and the officer in charge of a police station clearly displayed in reception
· PSNI policy on identification to be published and made available on their website.
Jane Winter,
Director,
31st August 2004.
For Peace Justice & Human Rights
