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MAY 2005
NORTHERN IRELAND ELECTION RESULTS
Comprehensive analysis of the election results in both the General Election and District Council elections are available on our website. As predicted, the trend towards polarisation between the Democratic Unionist Party and Sinn Féin continued, with the Ulster Unionist Party retaining only one seat and its leader David Trimble failing to be elected. The democratic deficit in Northern Ireland is not helped by the suspension of the Northern Ireland Assembly. There are many in Northern Ireland who believe that there is no longer any justification, if there ever was one, for the suspension, and that the people of Northern Ireland, who have spoken clearly through the ballot box, should be able to run the country themselves through the Assembly. They would say that if any party cannot sit down with another party, they can absent themselves and let those parties who are willing to implement their mandates get on with the job. Others would say that the murder of Robert McCartney by IRA members, although not apparently sanctioned by the IRA as an organisation, and the robbery of the Northern Bank, attributed to the IRA, have destroyed all possibility of trust between the two main parties. Many fear that the resultant political vacuum will lead to violence during the marching season that is about to begin. As always when there is lack of political progress, British Irish rights watch argues that there is always room for progress towards better human rights for everyone in Northern Ireland. Yet the UK government has yet to appoint the new members of the Northern Ireland Human Rights Commission so that they can get on with the vital task of drafting a viable Bill of Rights. As usual. the government is sending the wrong message and is concentrating on the politics while ignoring the capacity for improvements in human rights. They seem to have forgotten – again – that those who refuse to learn from their past mistakes are doomed to repeat them.
ROBERT HAMILL INQUIRY OPENS
On 24th May 2005 the formal opening of the Robert Hamill Inquiry opened on Craigavon Courthouse. The full text of the Chair’s opening statement is available on the Inquiry’s website: www.roberthamillinquiry.org while our own report is available on our website.
BIRW has responded to the Inquiry’s invitation to comment on the list of issues it intends to examine (which is available as part of the Chair’s opening statement on the Inquiry’s website), and also on the question of immunity from prosecution for certain witnesses. We are glad to see that, unlike the Rosemary Nelson Inquiry, which has applied for blanket immunity for witnesses, the Robert Hamill Inquiry intends to take a case-by-case approach. They are also taking a robust attitude towards anonymity, and to that end we have sent them information about names that are already in the public domain.
BILLY WRIGHT INQUIRY TO HOLD PRELIMINARY HEARING
The Billy Wright Inquiry will hold its formal opening on Wednesday 22nd June 2005 at 11:00 am in the Europa Hotel in Belfast. They have put out to consultation a draft list of issues for consideration, which will shortly be available on their website: www.the billywrightinquiry.org – the deadline for comments is 15th July. In our own submission we have welcomed the fact that they intend to consider the circumstances which led to Billy Wright’s being in jail in the first place, but we have urged them to also explicitly consider the issue of collusion, the various flawed investigations after the murder, and the failure of the prison service to learn its lessons.
inquest into the death of seamus ludlow
A preliminary hearing into the second inquest into the murder in 1976 of Seamus Ludlow in Dundalk, allegedly by loyalists some of who m were serving soldiers, was held on 24th May. The full inquest is due to be held on 5th September 2005. BIRW is hoping to send an independent observer to the hearing.
DEPUTY DIRECTOR VISITS NEW YORK
While in New York this month, Lorna Davidson met Michael Posner at Human Rights First, made a presentation to the Human Rights Committee of the New York City Bar Association, and had a brief meeting with Ed Kenney, the Executive Vice President of Mutual of America. As always, Mike Posner was very supportive of our work, particularly with regard to the Finucane and the Nelson inquiries. The members of the NYCBA were interested to hear about latest developments in our work, particularly concerning the Inquiries Act and the Finucane case, the three public inquiries recommended by Judge Cory, and the new Historic Enquiries Team being set up by the PSNI. They also asked questions about the current political context in Northern Ireland and its implications for further progress in the human rights situation. Mr. Kenney, a close associate of peace maker Bill Flynn, was also interested to hear about our work, and expressed his support for our efforts.
STRIP SEARCHING OF PRISONERS
We are continuing to monitor conditions of detention in Northern Ireland, particularly concerning separated paramilitary prisoners held in Maghaberry prison. We were extremely pleased to note the High Court judgement in the judicial review brought by Karen Carson, in the issue of strip-searching. Following this judgement, the Northern Ireland Prison Service announced a review of the practice of strip-searching, and we have received confirmation from them that the review will cover all prisoners, including separated paramilitary prisoners, and not only female prisoners.
DUBLIN AND MONaGHAN BOMBINGS
Much to our disappointment, the Irish government has set up a Commission of Investigation, rather than a full public inquiry, into the police investigation into the 1974 Dublin and Monaghan bombings, rather than all the circumstances surrounding the bombings. The Commission is to be conducted by the distinguished Counsel, Patrick MacEntee SC. We have written to him reminding him of the obligation to provide an effective investigation under Article 2 of the European Convention on Human Rights, which protects the right to life. In particular, we have asked him to
a) hold hearings in public
b) recognise the victims as interested parties and grant them legal representation
c) publish the evidence that comes before him, preferably on the internet, and
d) make his final report public.
Jane Winter,
Director,
31st May 2005.
For Peace Justice & Human Rights
