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AUGUST 2007
ROSEMARY NELSON INQUIRY
BIRW has taken the momentous step of applying to the Rosemary Nelson Inquiry for full participant status. We have done so because we believe that an independent presence may assist the Inquiry in arriving at the truth about all the circumstances surrounding the murder of the human rights lawyer in 1999. Apart from her family, the other participants – the police, the Northern Ireland Office, the army, and the intelligence service MI5 – all have vested interests in the outcome of the inquiry. BIRW also has an in-depth knowledge of the events leading up to the murder and the investigations which followed it. At the time of writing, the Inquiry’s decision, which lies entirely within their discretion, is awaited. We would like to thank our legal team for all their help and hard work.
The Rosemary Nelson Inquiry will be holding case management hearings next month, after which they should be in a position to announce when the hearings will commence.
KADER ASMAL TO DELIVER KEY SPEECH AT BIRW EVENT ON 26 SEPTEMBER 2007
We are making the final preparations for leading human rights law expert and BIRW sponsor Professor Kader Asmal MP’s speech on “Designing a Bill of Rights for a Diverse Society” on 26 September 2007. The event will take place at 6.00 pm at 10 St James's Square, SW1Y 4LE, and will be followed by a reception. Please note that the event is by invitation only. If you have not already reserved your place, please contact birw@birw.org and we will send you an invitation. We look forward to seeing you there!
A british bill of rights?
BIRW has made a submission to the parliamentary Joint Committee on Human Rights on the question of whether there is a need for a British Bill of Rights. We have argued that, with the Northern Ireland Bill of Rights process so far advanced, and with so many lessons available from Northern Ireland, embarking on a British Bill of Rights would be premature when the outcome of the Northern Ireland process is so close. Our submission will shortly be available on a new Bill of Rights page on our website, which is currently under construction.
ROBERT HAMILL INQUIRY OBSTACLE REMOVED
The House of Lords’ decision to remit to the Divisional Court the question of whether the Inquiry had acted reasonably in declining anonymity to a number of police officers looked as if it might add to the delay in opening the Inquiry’s full hearings. However, the parties have now decided not to pursue this matter, and hopefully the hearings will be under way soon.
HUMAN WRONGS, HUMAN RIGHTS
BIRW has received £8,240 from Awards for All Northern Ireland, part of the National Lottery Fund, to republish our book Human Wrongs, Human Rights, A guide to the human rights machinery of the United Nations. Our aim is to distribute the guide, in CD-Rom form and available on the website, to all academic institutions in Northern Ireland. We are very grateful indeed to Awards for All for their support.
BILLY WRIGHT INQUIRY: TERMS OF REFERENCE
On 3 August 2007, the court refused leave in the application for judicial review of the Secretary of State’s June 2007 decision not to amend the Billy Wright Inquiry’s terms of reference. Six individuals who were prison officers at the time of the murder of Billy Wright in 1997 had claimed that the terms of reference could lead to a finding of criminal or civil liability, and therefore fall outside the remit of the Inquiries Act 2005, which prohibits such a finding. BIRW was granted leave to intervene in the application on 31 July 2007. The court found that the terms of reference do not require the Inquiry to reach a conclusion that is incompatible with the Inquiries Act, and that the Inquiry is fully aware of the parameters of the terms of reference. This decision is to be welcomed: however, the prison officers are now appealing the refusal to grant leave, which is likely to be heard in the autumn and, as a result, may further delay the Inquiry. It is also possible that the role of the Crown Solicitor’s Office, who are representing the six individuals, will be the subject of a separate legal challenge.
DEVOLUTION OF CRIMINAL JUSTICE IN NORTHERN IRELAND
British Irish rights watch was disappointed that we were not invited to participate in the Northern Ireland Assembly’s Inquiry into the Devolution of Policing and Justice Matters. Despite the short deadline, BIRW did put forward a submission which supported the need for the devolution of policing and justice matters while indicating the need for some changes to the criminal justice system itself, for instance in relation to inquests.
THIRD PARTY INTERVENTION IN HOUSE OF LORDS AL RAWI CASE
On 2 August 2007, BIRW, The AIRE Centre, Fair Trials Abroad and Redress were granted leave to intervene in the case of Al Rawi & Others v Secretary of State for Foreign and Commonwealth Office & Secretary of State for Home Department. The case concerns the continued detention of two UK residents by the US authorities at Guantanamo Naval Base in Cuba, who had been refused state assistance to secure their release and return to the UK. In a welcome development, on 7 August 2007, the Foreign Secretary and the Home Secretary decided to request the release and return to the UK of a number of detainees, including the two concerned. However, the parties are pursuing the case to the House of Lords: the hearing is set to commence on 8 October 2007. The case has potentially huge ramifications both for those still detained in Guantanamo and, more generally, regarding the obligation on states to take positive steps to prevent torture. BIRW’s interest in this case stems from our knowledge of internment without trial and ill-treatment in custody in Northern Ireland.
JCHR INQUIRY INTO ALLEGATIONS OF TORTURE BY TROOPS IN IRAQ
The Joint Committee on Human Rights (JCHR) intends to conduct an inquiry into allegations of torture and inhuman treatment carried out by British troops in Iraq. This follows evidence which has emerged in recent cases, including that of Baha Mousa, who died after he was tortured over a period of 36 hours whilst detained by British troops (R (Al-Skeini and others) v. the Secretary of State for Defence). In response to a call for evidence, and in consultation with the other interveners, BIRW submitted the third party intervention in the Al Skeini case to the JCHR, which sets out our concerns about the practices of states during the occupation of foreign territory and the need to hold such states to the highest standards of accountability for such violations of fundamental human rights.
GOVERNMENT COUNTER-TERRORISM POLICY
We have submitted a response to the Government’s consultation on counter-terrorism proposals. Our comments were also sent to the Home Affairs Committee and the Joint Committee on Human Rights, both of which are examining the Government’s proposals. We highlighted the problems associated with introducing draconian measures which undermine human rights and civil liberties and the impact this may have on the “war on terrorism”.
POLICING BOARD’S CORPORATE PLAN
We have submitted a response to the Policing Board’s consultation on their corporate plan. Here we highlighted the challenges facing both the Board and the PSNI, including the proposed introduction of tasers and the role the Board plays in developing the PSNI into a human rights compliant police service.
RAISE MONEY FOR BIRW IF YOU BUY CHRISTMAS CARDS THIS YEAR
If you are buying Christmas cards this year, please think of British Irish rights watch. We have teamed up with an online Christmas card company called Studio 51 - www.Studio51.com - who have agreed that for every pound you spend buying Christmas cards from them, we will receive a huge contribution of 51p. Studio51 has a wide collection of good quality cards at fair prices, starting at £3.99 for 20 and up to £6.50 for 10. The website is very easy to use: just select your cards, select British Irish rights watch, pay online or by cheque and the cards will then be delivered to you by first class post within a few days. You can order a sample to check the quality and Studio51 also guarantees that, if for any reason you are not satisfied, they will refund you the price of the cards.
farewell to louise
Goodbye and good luck to Louise Donnelly, our volunteer from the Institute of Commonwealth Studies, whose enthusiasm and hard work on the database project was invaluable.
Jane Winter,
Director,
31st August 2007
For Peace Justice & Human Rights
