UK government proposals to end prosecutions for killings during the conflict in Northern Ireland will close down every possible avenue for the families of victims to access justice. It will also prevent the truth emerging about decades of collusion between British forces and paramilitary groups.
As a feeble replacement for closing down every possible available avenue accessing justice, the UK government is proposing an “information recovery body” with undefined powers. This isas “toothless” in a recent joint statement from leading legal academics and human rights groups.
“In short”, the UK government’s “proposed mechanism would appear to be designed as a perfect vehicle toTake just one of the avenues families are now using to access justice, that of renewed inquests, which the Northern Ireland Attorney General can grant if new and significant evidence emerges.preliminary hearings will now be told the inquest itself cannot go ahead as scheduled.
The report found “significant investigative failures” by the police amounting to “collusive behaviours”. It“were provided with information by a police officer and ‘British Intelligence’ which informed their attack”. The Ombudsman’s report found police had also “failed to capitalise on investigative opportunities including failing to arrest suspects” and had made “a deliberate decision” to “disregard intelligence about the threat”.
The judge said that “until late 1973, an understanding was in place between the RUC [Royal Ulster Constabulary] and the Army whereby the RUC did not arrest and question, or even take witness statements from, soldiers involved in shootings such as this one”. The small number of legal firms in Northern Ireland who specialise in these “legacy cases” are certain that the UK government’s proposals breach the European Convention on Human Rights — but it will take years of litigation in the courts to establish this legally.
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