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JANUARY 2007
POLICE OMBUDSMAN PUBLISHES DAMNING REPORT ON COLLUSION
On 22nd January I travelled to Belfast to attend press conferences by the Police Ombudsman, Nuala O’Loan and Raymond McCord concerning her findings in her investigation into the murder of Raymond McCord Jnr. Her investigation into that one brutal murder by the UVF led her to uncover information about the murders of ten people and 72 instances of other crime, including ten attempted murders, ten "punishment" shootings, 13 punishment attacks, a bomb attack in Monaghan, 7 instances of drug dealing, and additional criminality, including criminal damage, extortion and intimidation. She also uncovered widespread and systemic collusion between members of police Special Branch and the UVF covering a period of many years. While the government acknowledged that her report made “disturbing reading”, they tried to argue that only a handful of officers were involved, that the collusion was all in the past, and that recent reforms have ensured that it will never happen again. Astonishingly, Sir Ronnie Flanagan, who was RUC Chief Constable and had control over Special Branch during much of the period covered by the report, has claimed publicly to have had no knowledge whatsoever of the collusion that was happening on his watch. We have written to the Prime Minister to say that there remain many outstanding issues in relation to collusion, past and present, and that the Inquiries Act 2005 means that Raymond McCord, and many other like him, will not get the independent public inquiry he is rightly demanding. We have called for the repeal of the Inquiries Act, the putting in place of mechanisms that can provide an effective mechanism for the investigation of all collusion cases and for Sir Ronnie Flanagan to be removed from his present post as Chief Inspector of Constabularies and stripped of his public honours.
congress passes resolution calling for inquiry into finucane case
On 30th January the House of Representatives passed by an overwhelming majority a resolution calling for a full, independent, public and judicial inquiry into the murder of Belfast lawyer Patrick Finucane, one of the most notorious cases of collusion arising out of the conflict. The resolution was sponsored by Representative Chris Smith and 27 other members of Congress, and received wide cross-party support. The courage of the Finucane family was praised by many speakers and the work of UN Special Rapporteur Dato’ Param Cumaraswamy, Judge Peter Cory and human rights groups including British Irish RIGHTS WATCH, was highly commended. Many speakers emphasised the positive role that a proper inquiry into the Finucane case could play in the Northern Ireland peace process.
house of lords considers right to life cases
The House of Lords sat for six days this month to consider the cases of Hurst, Jordan and McCaughey. The key issues at stake was whether deaths prior to the coming into force of the Human Rights Act were eligible for an inquest under Article 2 of the European Convention on Human Rights, which protects the right to life and confers the right to an effective investigation, and then, what the nature of that inquest should be. The case robustly explored the Human Rights Act 1998, which gives effect to Convention rights in domestic law, and common law principles where the state was involved in a death and the nature of the coronial system in England and Northern Ireland. Our researcher Caroline Parkes observed the hearing on our behalf.
birw is recruiting
BIRW is currently recruiting for a Deputy Director and a volunteer to help with our administrative work. These are two exciting opportunities to get involved in a dynamic human rights group. Please see our website for details.
decision still awaited in billy wright case
A hearing was held on 29th January concerning what remedy David Wright, Billy Wright’s father, should have following his successful judicial review of the Secretary of State for Northern Ireland’s decision to convert the Billy Wright Inquiry into an inquiry under the Inquiries Act. Laura McMahon observed the hearing on our behalf and that of the Committee on the Administration of Justice. Judgement was reserved.
MUSEUM OF FREE DERRY OPENS
On 25th January I was privileged to be invited as a guest of the Bloody Sunday Trust to attend the official opening of their wonderful Museum of Free Derry, which is in Glenfada Park, scene of some of the terrible events of Bloody Sunday. The museum was opened by Lawrence McElhinney, the last surviving parent of one of the Bloody Sunday victims; Mozzam Begg, released two years ago after being interned without trial at Guantanamo Bay; and Eamonn McCann, Chair of the Bloody Sunday Trust. Warm congratulations and thanks are due to everyone who has put so much hard work into making the Museum a reality.
craig mccausland
On 25th January I attended meeting in Belfast between the family of Craig McCausland with the Police Service of Northern Ireland and the Police Ombudsman. Craig McCausland was shot by the UVF on 11th July 2005 in the midst of an LVF/UVF feud in which he was not involved. No-one has been brought to book for his murder and his family are becoming increasingly concerned that like that of his mother Lorraine, murdered twenty years earlier by the UDA, his case will never be solved.
police bugging of solicitors’ interviews
Caroline Parkes has been carrying out research into the so-called bugging scandal in the Isle of Man to see if lessons can be learnt which would apply to the current judicial review proceedings in Northern Ireland in which BIRW has made a third party intervention.
ballymurphy
We continue to monitor the events in Ballymurphy. While we were glad to see that the situation seemed to calm down over the festive period, we are concerned that since New Year there have been several more attacks on homes in the area.
Justice & Security (Northern Ireland) Bill
BIRW have sent a briefing to all the members of the House of Commons Committee which is considering the Justice and Security (Northern Ireland) Bill. The Bill retains trials without a jury in certain cases, gives insufficient new powers to the Northern Ireland Human Rights Commission, and gives policing powers to the army. While this Bill looks like a collection of relatively minor miscellaneous provisions, it in fact contains a number of very significant provisions. While the Explanatory Notes claim that the Bill is intended to deliver “security normalisation” in Northern Ireland, it in fact entrenches and in some regards extends draconian powers originally adopted in what we regard as ill-judged responses to the conflict in Northern Ireland. Instead of taking the opportunity to move away from the sort of laws that have made matters worse in Northern Ireland, we find a retrograde, backward looking Bill that has at its heart an inability to trust democratic principles and, above all, the ability of the people of Northern, Ireland to move forward to a peaceful and stable society.
holding the Chief Constable to account
We have responded to what strikes us as a half-hearted consultation process by the Northern Ireland Policing Board on the performance of its duty to hold the Chief Constable to account. The truth is that no-one knows how well the Board is performing. Although the Policing Board is considerably more transparent and accountable than the old Police Authority, in that it holds its meetings in public and publishes its minutes, in reality any holding of the Chief Constable to account that does take place does so behind closed doors. Whenever a controversial issue arises in which there is genuine public interest, the Policing Board goes into closed session and its members, even if they are democratically elected political representatives in the outside world, are enjoined to remain silent about what was said. Nor are the minutes of these closed sessions made public. When we asked for more information about this crucial role, the Board referred us to the minutes of its meetings! We await the outcome of the consultation with interest.
RESEARCH ON THE HISTORICAL ENQUIRIES TEAM
On 26th January I was interviewed by the University of Ulster as part of their research project on the PSNI’S Historical Enquiries Team. As the HET has yet to conclude any of its investigations into cases in which we are involved, my conclusions were of necessity tentative.
community restorative justice
BIRW has responded to the publication of the Northern Ireland Affairs Committee’s report into the draft protocol on Community-based Restorative Justice Schemes. BIRW had contributed to both the Northern Ireland Office’s original consultation and to the Committee’s inquiry.
HEALING THROUGH REMEMBERING
BIRW has also responded to the proposals out forward by Healing Through Remembering on the issue of a Truth Commission. The ideas put forward by the group represented a good starting point on the issue of truth, and it will be monitoring how these ideas develop.
Jane Winter,
Director,
31st January 2007.
For Peace Justice & Human Rights
