|
|
|
OCTOBER 2005
billy wright inquiry to convert to inquiries act?
On 13th October I attended a meeting at Stormont Castle between David Wright, father of Billy Wright, and the Secretary of State for Northern Ireland, Peter Hain, to discuss Lord MacLean’s request to convert the Billy Wright Inquiry from the Prison Act to the Inquiries Act. We were seeking to persuade Peter Hain that the inquiry will not appear impartial if he has control over it, since the Northern Ireland Office is implicated in the circumstances surrounding Billy Wright’s murder and the Prison Service operates under the auspices of the NIO. We also pointed out that the Secretary of State’s predecessor, Paul Murphy, assured David Wright the inquiry would not be converted. Peter Hain’s decision is awaited, but if the inquiry is converted public confidence in its independence will be destroyed.
CCRC TO LOOK AGAIN AT JOHN TORNEY’S CASE
The Northern Ireland High Court has ordered the Criminal Cases Review Commission to make further investigations into the case of former RUC officer John Torney, who sadly died in prison this summer, having always denied the murder of his wife and two children.
PLASTIC BULLETS
Following the unwelcome resumption of the use of plastic bullets, now known as AEPs, in Northern Ireland during recent riots, we have produced a report chronicling their use during the conflict. We are particularly concerned by the use of AEPs as a means of crowd control. In England and Wales, where they are also deployed, they are only used in one-on-one situations, as a less lethal alternative to live ammunition. We are also concerned that, in Northern Ireland, a quarter of all plastic bullets have been fired by the army, but whereas the Police Ombudsman scrutinises every bullet fired by the police these days, there is no independent scrutiny of bullets fired by the army, who also operate under less rigorous guidelines than the police. Plastic bullets have not been fired in Derry for over seven years, despite some serious public disorder at times, so there is another way. In our report, which has been sent to the government, the United Nations, the American Congress and other relevant bodies, has called again for a ban on plastic bullets.
ATTACKS ON JOURNALISTS
The fifth anniversary of the murder of journalist Martin O’Hagan has just passed, and still no-one has been brought to book for his murder. The UDA has carried out a relentless campaign against his newspaper, the Sunday World, threatening and attacking other journalists working for the paper and also attacking newsagents who stock the paper, which campaigns against paramilitary racketeering on all sides. BIRW has sent a report to the United Nations’ Special Rapporteur on Freedom of Expression about the failure of the police investigation and the failure to protect the Sunday World from this vicious campaign.
MORE ANTI-terrorism PROPOSALS
BIRW have sent a briefing to every Member of Parliament concerning the government’s recent package of anti-terrorism measures. Particularly alarming are the adoption of a shoot-to-kill policy, the introduction of 30-day detention (which amounts to internment without trial), the creation of a vague offence of encouraging and/or glorifying terrorism, and the returning of terrorist suspects to countries that practise torture. A copy of our briefing is available on our website. We have also raised our concerns with the Joint Committee on Human Rights, which is also scrutinising the government’s proposals.
UK’S RECORD ON TORTURE UNDER SCRUTINY
We have also raised our concerns with the Joint Committee on Human Rights, which is currently reviewing the United Kingdom’s compliance (or non-compliance) with the recommendations of the United Nations Committee Against Torture. Copies of our report have been sent to the Committee Against Torture and the Special Rapporteur on Torture.
a & oThers
The case known as A & Others, which concerns the admissibility of evidence obtained under torture in a third country in our domestic courts, was heard this month. BIRW was one of 14 non-governmental bodies given leave to intervene both verbally and by way of written submissions. Our legal team did a splendid job, making what we believe to be an unanswerable case that such evidence should never be admissible. Our thanks also to Amnesty International, who worked extremely hard co-ordinating everyone’s input. Judgment is awaited.
NEW COMMISSIONER FOR VICTIMS FOR NORTHERN IRELAND
The appointment of Bertha McDougall as Northern Ireland’s first Victim’s Commissioner has already provoked mixed reactions. Bertha McDougall became a victim herself when in 1981 her husband Lindsay, an RUC officer, was murdered by INLA. Since then she has campaigned tirelessly for proper recognition for the widows of RUC officers. She is also a trustee of the RUC George Cross Foundation. While some have welcomed her appointment, others, especially the victims of state violence and collusion, feel their interests are once again being marginalised. Given that the Commissioner is tasked with setting up a forum for victims of the conflict, we fear that she may face an uphill struggle to convince all victims of her impartiality, although we hope, for the sake of all the many victims of the past thirty or more years, that she will succeed in doing so.
UK CRITICISED BY EUROPE
The Council of Europe’s Committee on Legal Affairs and Human Rights has published an Introductory Memorandum and Working Paper on Implementation of judgments of the European Court of Human Rights, in which The UK was named as one of 13 Member States of the Council of Europe which had failed to implement decisions of the European Court of Human Rights. The case of Patrick Finucane was one of those mentioned in the reports.
This month BIRW sent a further report to the Committee of Ministers, who are continuing to scrutinise the UK’s failure to implement the findings of the European Court of Human Rights in the Finucane case and four others that the investigations into the deaths concerned were not effective or compliant with Article 2 of the European Convention on Human Rights, which protects the right to life.
BIRW RESPONDS TO PSNI CONSULTATION ON PRIORITES
Although BIRW was not consulted about the PSNI’s priorities for 2006/7, we have sent them a submission anyway. BIRW’s submission to the Assistant Chief Constable Judith Gillespie said that, while we acknowledged that the PSNI has worked hard to try to become human-rights compliant, there is still a long way to go before the PSNI is able to deliver an impartial and effective service to all sections of the community. Our submission highlighted the need for more robust and substantive human rights training, and analysed the reasons why Catholics are still under-represented in the PSNI.
BIRW COMMENTS ON DRAFT POLICE POLICY ON CHILDREN AND YOUNG PEOPLE
BIRW welcomed the development of a youth-centred police policy by the PSNI, especially considering the high numbers of young people present during the public disorder incidents this summer. This policy, based on the ACPO strategy for children and young people, contains at its heart, a commitment to improve dialogue and consultation with young people, with the ultimate aim of improving the relationship between the PSNI and young people. While it certainly goes further than the ACPO strategy, with a stronger emphasis on human rights, and on dialogue, it under-estimates the complex nature of the PSNI’s interaction with young people. Several of the policy’s elements, such as the development of forums, have the potential to be successful if implemented properly, but the police must be prepared to listen to and learn from negative as well as positive feedback. Simply paying lip-service to dialogue with young people, carries the risk will, in the long-term, of further fracturing their relationship with the police.
birw comments on police oversight commission’s human rights report
BIRW has also sent a response to the Oversight Commissioner’s report on the implementation of the Patten Commission’s recommendations on human rights. We commented in detail on many aspects of his report, including human rights training, the role of the Human Rights Advisor, the failure to prevent and solve serious crimes and concerns that informers are being protected, the firing of AEPs, and the roles of the Policing Board, the District Policing Partnerships, and the Police Ombudsman. We also expressed the fear that the plethora of counter-terrorism policies and legislation, which will apply permanently in Northern Ireland, could hinder the mission to place human rights at the heart of policing, just as Northern Ireland is beginning to emerge from the era of “temporary” emergency laws which has led in the past to abuse of lethal force and miscarriages of justice.
WOMEN PRISONERS IN NORTHERN IRELAND
Caroline Parkes travelled to Belfast on 12th October to attend the conference, ‘Women’s imprisonment in Northern Ireland: reflections and futures’, organised by the Northern Ireland Human Rights Commission. Firstly, the conference examined the current status of the female prison regime, utilising research carried out by the NIHRC on Ash House, and the high rates of self-harm and suicide among female prisoners in both Northern Ireland and England and Wales. Secondly, the conference looked at what changes need to be made, at all levels, to ensure that the human rights of women in custody are preserved within the prison system. Particularly interesting was a speech by a former female prisoner, who outlined in graphic detail her own experiences of Ash House. The Prison Service indicated that changes were afoot within the prison estate, and BIRW hopes to be consulted on any future policies/strategies.
BIRW NOMINATED FOR AWARDS
I am very proud to report that the Committee on the Administration of Justice has kindly nominated BIRW for the Liberty Justice award; it is great honour to be nominated by such a respected sister organisation. I also have to report, more humbly, that BIRW’s Management Committee has nominated me for a Beacon Award.
Jane Winter,
Director,
31st October 2005.
For Peace Justice & Human Rights
