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JULY 2005
only the terroristS win from a shoot-to-kill policy
Many thanks for the many messages of support we received from around the world in the wake of the suicide bombings here in London on 7th July. I am glad to report that our offices are not in the city centre and none of us was directly affected by the attacks. Our hearts go out to the victims and their friends and families and also to those members of the bombers’ families whose lives have also been devastated. We add our voice to the praise already given to the many police officers, fire fighters, ambulance crews, transport workers, doctors and ordinary members of the public who reacted to these terrible events with courage and humanity, often with no thought for their own safety.
It is with dismay, though, that we note two aspects of the aftermath of that attack and the shocking second attempt a fortnight later. First, it has been reported in the media that on July 7th Londoners were initially told that the underground explosions had been caused by a power surge so that we would not panic. Not only was this an insult to Londoners’ intelligence, but many Londoners now feel that we cannot rely on the authorities to tell us the truth during a crisis. Secondly, and with even more serious repercussions, the media told us that the police will adopt a shoot-to-kill policy towards suspected suicide bombers, and on 22nd July they shot a young man on a crowded underground train at Stockwell. Those of us who remember the death of Harry Stanley in 1999, shot by the police after someone told them there was an Irishman in a pub with a sawn-off shotgun in his bag – in fact, he was a Scot carrying a wooden table leg for repair – feared that innocent “suspects” from minority communities may be shot on our streets, and so it was with this young man. Jean Charles de Menezes, 27, a Brazilian working as an electrician in London, was killed because of fatal errors reportedly made by the police. First, they mistook him for an Asian, second, they thought his jacket looked too bulky, and thirdly, he lived in an apartment block which they had under surveillance. We have seen shoot-to-kill in Ireland, where it led to abuse of lethal force. It is easy to blame the terrorists for these developments, but we should never forget that it is ourselves who are the guardians of our freedom and democracy.
SO THE WAR IS OVER?
The IRA’s statement on 27th July that henceforth it will pursue “the development of purely political and democratic programmes through exclusively peaceful means” is welcome, if long overdue. It is difficult now to recall the euphoria that followed the IRA’s 1994 ceasefire, especially when the Combined Loyalist Military Command followed suit a few weeks later. Today’s landscape is considerably less optimistic, even though the republican movement seems to be sincere and committed in its resolve. The loyalists, on the other hand, are running amok, conducting lethal feuds, killing innocent people, and taking over the Garnerville estate, severely undermining the credibility of the PSNI’s ability to deliver a normal policing service. The UVF’s ceasefire, which has been a mockery for years, is rightly under review, but years of collusion between the security forces – police, army, and intelligence – is at the heart of the problem in Northern Ireland. Both republicans and loyalists have been literally getting away with murder for years and hundreds of lives have been lost and blighted because the hunger for intelligence took precedence over the duty of the security forces to uphold the law and protect the right to life. When BIRW first started work 15 years ago, the government denied that collusion existed. After Stevens’ third report and the Cory reports, such denial is no longer possible. However, until the government, the Northern Ireland Office and the security forces truly face up to the fact that the paramilitaries were not so much tackled as managed and manipulated in Northern Ireland, and that collusion became institutionalised, then untouchable warlords will continue to terrorise the individuals, families and communities who live at the sharp end and suffer the consequences of these disastrous policies.
Raymond mccord
British Irish RIGHTS WATCH has sent a confidential report on the murder of Raymond McCord to the United Nations, the Police Ombudsman, the Independent Monitoring Commission, the Prime Minister, the Secretary of State for Northern Ireland, the US Special Envoy on Northern Ireland, and the US Congress. Raymond McCord was battered to death by the Ulster Volunteer Force and his body dumped in a quarry in 1997. He was 22 years old. BIRW’s report sets out the known facts about the murder and names the alleged perpetrators. It is for that reason that the report remains confidential. The Police Ombudsman is currently investigating the police investigation into the murder, which has failed to result in any convictions, and her report is due out later this year. BIRW will be updating our report in light of any new information that emerges from the Ombudsman’s expected report. Raymond McCord’s family have expressly requested BIRW not to send their report to the Police Service of Northern Ireland because they have no confidence in the police, the reason being that at least two UVF informers, one of them very senior, were involved in the murder and have enjoyed police protection for many years, allowing them to murder not only Raymond McCord but many others with impunity. Our report calls upon the United Kingdom government to put in place immediately an effective investigation into the murder of Raymond McCord. Such an investigation must be completely independent of the Police Service of Northern Ireland, given the serious allegations of collusion which arise in this case.
craig mccausland
On 11th July the UVF claimed another young life, that of Craig McCausland, aged 20. They battered his door down in the early hours of the morning and shot him several times. He was a completely innocent young man who had every reason for rejecting paramilitary activity – his mother Lorraine was brutally murdered by the UDA in 1987. BIRW is now looking into both murders and will be compiling reports to be sent to the appropriate authorities in due course. Craig McCausland left behind a son, Dean, aged two, exactly the same age at which Craig lost his mother.
john torney
It is with regret that we record the death in prison of John Torney on 23rd July 2005. John Torney was convicted of murdering his wife and two children in 1994, but BIRW has long had serious doubts about the safety of his conviction. The Criminal Cases Review Commission had refused to refer his case back to the Court of Appeal, but was recently ordered by the High Court to look again at various aspects of his case. His family, who have stood by him throughout his ordeal, are committed to continuing to try to clear his name, a task with which BIRW will endeavour to assist them.
WRIGHT INQUIRY SEEKS CONVERSION TO inquiries act
The Chair of the Billy Wright Inquiry has requested the secretary of State for Northern Ireland, Peter Hain, to convert the statutory basis for the inquiry from the Prison Act to the Inquiries Act 2005. Lord MacLean does not appear to understand that any such conversion will remove his control over key aspects of the inquiry, such as the publication of the final report, the choice of witnesses, and the publication of evidence. Nor does he seem to comprehend the extent to which such a move, which flies in the face of Judge Cory’s recommendations, will undermine public confidence in the inquiry. We have made representations to Peter Hain, the Irish government and the US Special Envoy, Mitchell Reiss, as to why the inquiry should not be converted.
NGOs URGE JUDGES NOT TO CHAIR FINUCANE INQUIRY
Amnesty International, the Committee on the Administration of Justice and BIRW have written to the most senior judges in the land urging all judges to decline to preside over any inquiry into the murder of Belfast solicitor Patrick Finucane which the government may convene under the Inquiries Act 2005 on the ground that any such inquiry would be a sham. In doing so we have added our voices to those of the Finucane family. If you would like to add you own voice to this call, please visit http://web.amnesty.org/pages/gbr-030605-action-eng
SUPPORT FROM THE HILDA MULLEN FOUNDATION
I am delighted to report that the Hilda Mullen Foundation, under the Auspices of the American Ireland Fund, has made a donation of $30,000 towards our work on ensuring that human rights lies at the heart of the Northern Ireland peace process. Their continuing support for and confidence in our work is greatly appreciated.
MONITORING THE PARADES
BIRW has been monitoring the ups (Drumcree) and downs (Ormeau) of this year’s contentious parades. Please see “Parades 2005” on our website for our report.
THE CURIOUS REVOCATION OF SEAN KELLY’S PAROLE
On 21st July we wrote to the Sentence Review Commission expressing concern about the controversy surrounding the revocation of republican Sean Kelly’s license. Conflicting reports portrayed him as orchestrating violence, on the one hand, and working for peace on the other. We expressed grave concern that under the rules Sean Kelly was neither entitled to be told the reasons why his license was revoked, nor to be represented by a lawyer of his own choice. We also expressed concern that the decision to revoke his license lay not with the courts but with the Secretary of State. It transpired that Sean Kelly was so convinced that the revocation had been politically motivated that he declined to appeal against it, and lo and behold on the eve of the IRA’s statement that they were finally ceasing their activities, Sean Kelly was released. Such cynical manipulation of the system for supervising licenses brings it into disrepute and we shall be writing to both the Secretary of State and the Sentence Review Commission calling for a proper judicial process with due process safeguards to be put in place.
Policy Directive on Police Response to Hate Incidents
BIRW has sent a detailed response to the PSNI’s draft policy on its response to hate crimes. Our particular interest is sectarian crime, and we have made a number of suggestions for strengthening the directive, including the inclusion of a clearer definition of sectarian crime.
COURT OF APPEAL FINDS POTENTIAL ANSWER TO McKERR
In March 2004 the House of Lords held in the McKerr case that the European Convention on Human Rights had not been incorporated into domestic law. The Human Rights Act 1998, which came into force on 2nd October 2000, merely gave effect to Convention rights in domestic law. Cases arising from incidents which occurred before that date could not vindicate their Convention rights before the domestic courts. Furthermore, claims arising from the procedural rights stemming from Article 2, such as the right to an effective investigation, even if they arose after October 2000, could not engage Human Rights Act protection if the death happened before that date. BIRW made a third party intervention in McKerr, and argued, among other things, that the approach finally adopted by the court would create an undesirable twin-track system whereby deaths occurring before October 2000 would be treated differently from those arising after the Human Rights Act came into force. That argument found favour this month in a case before the English Court of Appeal called Hurst. The Court held that the requirement of s. 3 of the Human Rights Act 1998 to read and give effect to all legislation, so far as possible, in a way that is compatible with the Convention rights listed in the Act whenever that legislation may have been enacted, means that public bodies must have regard to Article 2 (which protects the right to life) and other Convention rights even where the death occurred prior to the Human Rights Act’s coming into force. The ruling in McKerr in the House of Lords, was concerned only with the retrospectivity of domestic rights created by the Human Rights Act and cannot exclude international Convention rights. If Hurst survives in the House of Lords, whence it is headed, this means that deaths which took place before October 2000 will after all be entitled to an effective investigation.
FAREWELL TO LORNA AND WELCOME TO CAROLINE
Sadly, our Deputy Director Lorna Davidson left us this month for personal reasons. She made a significant contribution to our work in the eleven months she was with us, and we shall miss her and wish her well in the future. Happily, Caroline Parkes has recently joined us as our Researcher/Administrator, and we look forward to working with her.
Jane Winter,
Director,
31st July 2005.
For Peace Justice & Human Rights
