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MARCH 2005
ROSEMARY NELSON
March 15th saw the sixth anniversary of the death of Lurgan solicitor Rosemary Nelson. The formal opening of the public inquiry into her death, recommended by Canadian judge Peter Cory, takes place on 19th April 2005 in Craigavon. More information is available at the Inquiry’s website: www.rosemarynelsoninquiry.org BIRW is very pleased that the inquiry has expanded its terms of reference to include the potential involvement of serving soldiers in her murder. Rosemary’s memory is always in our hearts, and her brutal and needless murder will never be forgotten.
CONGRESSIONAL HEARING ON THE CORY INQUIRIES
On 16th April I testified at a hearing by the Africa, Global Human Rights and International Relations Subcommittee of the US Congress into the progress made in the five public inquiries recommended by Judge Cory into the deaths of Patrick Finucane, Rosemary Nelson, Robert Hamill, Billy Wright and Bob Buchanan and Harry Breen. President Bush’s Special Envoy, Mitchell Reiss, expressed American concern about the UK’s failure to deliver on a public inquiry into Patrick Finucane’s murder, and his widow Geraldine Finucane added her own testimony. Judge Cory submitted a letter which was read into the record, in which he said that the public inquiry he envisaged would have been held under the Tribunals of Inquiry (Evidence) Act 1921, and that the Inquiries Bill is not suitable as a vehicle for investigating the Finucane case. His letter, and all the testimony, is available on our website under the heading “Inquiries Bill”. Elisa Massimino, Washington Director of Human Rights First, updated congress on the progress into the other four inquiries recommended by Judge Cory, highlighting concerns about the inadequate terms of reference for the inquiries into the murder of Rosemary Nelson (now resolved) and Bill Wright. Maggie Beirne of CAJ spoke of the many deserving cases in Northern Ireland that are unlikely to receive a public inquiry, and delivered a measured critique of the PSNI’s plans to review all unsolved murders arising from the Northern Ireland conflict. Our thanks as ever to Representative Chris Smith and his Chief of Staff Mary Noonan for organising this important hearing.
American Ireland Fund DInner
Lorna Davidson and I attended the annual American Ireland Fund gala dinner in Washington on 16th April, as grateful guests of Gerry Cassidy. We were pleased to see our good friend Paul Quinn honoured with the Irish Peace and Culture Award. His self-deprecating speech bore testimony to his genuine concern for peace in Northern Ireland and his own on outstanding contribution to that goal.
OTHER MEETINGS IN WASHINGTON
Lorna Davidson and I met a number of members of congress and the Senate and their staff, together with several members of his family, to raise the failure of progress towards a public inquiry into Patrick Finucane’s death. We also took the opportunity to raise a number of other human rights issues, not least of all the failure of the police investigation into the murder of two young Protestants, David McIlwaine and Andrew Robb. We also valued a meeting with Jim Fitzpatrick of lawyer’s firm Arnold &Partners, whose keen interest in Northern Ireland is greatly appreciated.
INQUIRIES BILL
BIRW has lobbied intensively over the Inquiries Bill, which threatens to bring an end to public inquiries as we know them. Although opposition to the Bill was strong in both the Lords and the Commons, it looks as if the Bill will be passed, wresting control of inquiries from independent chairs to government ministers, who will be able to control the extent to which hearings, evidence, and inquiry reports will be made public. The passing of the Bill will be a dark day, not just for the Finucane family, who will be deprived of the public inquiry Judge Cory recommended and which justice demands, but for all those for whom, sadly, a public inquiry has become the remedy of last resort, such as those who question the apparent suicides at Deepcut and other army barracks which cut short the careers of several young soldiers.
PREVENTION OF TERRORISM ACT 2005
Once again, emergency legislation has been rushed through Parliament which has the potential to significantly impact on all our civil liberties. Despite formidable opposition in both Houses, the government has taken draconian powers to curb individual freedom based on two unacceptable grounds. First, the legislation derives from the ruling of the House of Lords which found that detention of without trial of foreign nationals was discriminatory. Instead of outlawing such behaviour, the government has extended it to everyone, and imposed Control Orders, which could amount to house arrest, on those whom it suspects but cannot prove of being involved in terrorism. The government has refused the rule out the use of these powers in Northern Ireland, with potentially disastrous, and, indeed, unworkable, consequences. Our website has a full briefing on the Act and also shows the various stages it went through in Parliament.
PSNI TACKLES THE PAST?
On 10th March Lorna Davidson and I met members of the PSNI’s new Historic Review Team, led by Dave Cox, previously in charge of the Stevens Three team. Also present at the meeting were the Committee on the Administration of Justice and the Pat Finucane Centre. Chief Constable Hugh Orde’s initiative to investigate all unsolved murders since 1969 arising from the conflict, whomsoever the alleged perpetrators, is bold and innovative. Particularly encouraging is their intention to examine the cases chronologically and to look for trends. However, we and other NGOs, have a number of reservations, particularly in relation to the degree of independence involved in these re-investigations, and we will be monitoring the project closely.
POLICING BOARD BUYS NEW PLASTIC BULLETS
On Thursday March 24th the Policing Board of Northern Ireland met behind closed doors to the purchase of a controversial new plastic bullet, renamed the AEP or Attenuating Energy Projectile. At a meeting with Northern Ireland Office officials, BIRW was told that the AEP still has the potential to kill. No assessments have been carried out on the possible effects of the new bullet on children and young people, who have been over-represented among the casualties of former versions of the rubber and plastic bullet, and the Board has failed to consult with those critical of this new generation of potentially lethal weapon.
OBSERVERS AT PUBLIC INQUIRIES
We acknowledge with gratitude a grant of £50,000 from the Joseph Rowntree Charitable Trust to enable BIRW and CAJ jointly to observe and evaluate the public inquiries set up as a result of Judge Cory’s recommendations into the deaths of Robert Hamill, Rosemary Nelson and Billy Wright. Once hearings get under way, weekly reports will be posted on our website, as they were in relation to the Bloody Sunday Inquiry. Jane Winter will be attending the formal openings of the public inquiries into Rosemary Nelson death on 19th April and Robert Hamill on 23rd May in Craigavon.
INQUIRY INTO THE MURDERS OF BOB BUCHANAN AND HARRY BREEN
The Irish government has at long last established its own public inquiry into the murders of these two RUC officers, also investigated by Judge Cory. The terms of reference for the inquiry are, “To inquire into the following definite matter of urgent public importance: Suggestions that members of the Garda Síochána or other employees of the State colluded in the fatal shootings of RUC Chief Superintendent Harry Breen and RUC Superintendent Robert Buchanan on 20 March 1989.” The Inquiry has been established under the Irish equivalent of the Tribunals of Inquiry (Evidence) Act 1921. The chair of the Inquiry will be Justice Peter Smithwick, the President of the District Court.
Jane Winter,
Director,
31st March 2005.
For Peace Justice & Human Rights
