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03/14/00 Csce Hearing Protection of Human Rights PROTECTION OF HUMAN RIGHTS ADVOCATES IN NORTHERN IRELAND HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED SIXTH CONGRESS SECOND SESSION MARCH 14, 2000 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 106-2-5] Available via the World Wide Web: http://www.csce.gov 64370CC U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2000 COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Chairman Co-Chairman FRANK R. WOLF, Virginia KAY BAILEY HUTCHISON, Texas MATT SALMON, Arizona SPENCER ABRAHAM, Michigan JAMES C. GREENWOOD, Pennsylvania SAM BROWNBACK, Kansas JOSEPH R. PITTS, Pennsylvania TIM HUTCHINSON, Arkansas STENY H. HOYER, Maryland FRANK R. LAUTENBERG, New Jersey BENJAMIN L. CARDIN, Maryland BOB GRAHAM, Florida LOUISE McINTOSH SLAUGHTER, New York RUSSELL D. FEINGOLD, Wisconsin MICHAEL P. FORBES, New York CHRISTOPHER J. DODD, Connecticut EXECUTIVE BRANCH COMMISSIONERS HAROLD HONGJU KOH, Department of State DR. EDWARD L. WARNER III, Department of Defense PATRICK A. MULLOY, Department of Commerce COMMISSION S TAFF DOROTHY DOUGLAS TAFT, Chief of Staff RONALD J. MCNAMARA, Deputy Chief of Staff (VACANT), Senior Advisor ELIZABETH M. CAMPBELL, Office Manager OREST DEYCHAKIWSKY, Staff Advisor JOHN F. FINERTY, Staff Advisor CHADWICK R. GORE, Communications Director, Digest Editor ROBERT HAND, Staff Advisor JANICE HELWIG, Staff Advisor MARLENE KAUFMANN, Counsel for International Trade KAREN S. LORD, Counsel for Freedom of Religion MICHELE MADASZ, Staff Assistant/Systems Administrator MICHAEL J. OCHS, Staff Advisor ERIKA B. SCHLAGER, Counsel for International Law MAUREEN T. WALSH, General Counsel (ii) PROTECTION OF HUMAN RIGHTS ADVOCATES IN NORTHERN IRELAND MARCH 14, 2000 OPENING STATEMENTS PAGE Rep. Christopher H. Smith, Chairman .......................................................... 1 Sec. Harold Hongju Koh, Assistant Secretary for Democracy, Human Rights and Labor, U.S. Department of State .............................. 4 Rep. Benjamin A. Gilman, Chairman, Committee on International Relations ..................................................................................................... 5 Rep. Joseph R. Pitts, Commissioner .............................................................. 6 WITNESSES Testimony of Geraldine Finucane, Widow of Patrick Finucane ................... 7 Testimony of Eunan Magee, Brother of Rosemary Nelson ......................... 10 Testimony of Jane Winter, Director, British Irish Rights Watch .............. 26 Testimony of Paul Mageean, Legal Officer, Committee on the Administration of Justice ......................................................................... 30 Testimony of Michael Posner, Executive Director, Lawyers Committee for Human Rights ..................................................................................... 34 APPENDICES Written Submission of Geraldine Finucane ................................................ 43 Written Submission of Eunan Magee .......................................................... 47 Written Submission of Jane Winter ............................................................. 50 Written Submission of Paul Mageean .......................................................... 54 Written Submission of Michael Posner ........................................................ 58 October 23, 1998, Letter to Hon. Tony Blair from Members of Congress .. 64 December 1, 1998, Letter to Hon. Christopher H. Smith from Hon. Tony Blair ........................................................................................ 67 July 2, 1999, Letter to Hon. Tony Blair from Members of Congress.......... 68 Justice Delayed Alleged State Collusion In the Murder of Patrick Finucane and Others, British Irish Rights Watch, February 2000 ..... 72 The Murder of Rosemary Nelson, British Irish Rights Watch, December 1999 ........................................................................................ 101 Joint Opinion for Amnesty International: In Re the Murder of Patrick Finucane and the Case for a Public Inquiry, October 29, 1999 ........... 120 June 3, 1999, Letter to Ronnie Flanagan, Chief Constable, Royal Ulster Constabulary, from Committee on the Administration of Justice ...... 134 Excerpted Transcript from House of Commons (United Kingdom) Daily Debates .......................................................................................... 135 RUC still has questions to answer over Nelson killing, The Irish News, March 14, 2000............................................................................. 137 Complaints Against Officers of the Royal Ulster Constabulary, Report by the Independent Commission for Police Complaints for Northern Ireland, March 22, 1999 ......................................................... 140 Commentary by the Chairman of ICPC on the Review of RUC Investiga- tions into Complaints by or on Behalf of Mrs. Rosemary Nelson Con- ducted by Commander Mulvihill, Metropolitan Police, April 28, 1999 . 145 Concerns being acted on at last, The Irish Times, April 16, 1999 ......... 158 December 10, 1999 Joint Statement by Amnesty International, British Irish Rights Watch, and other non-governmental human rights organizations ................................................................................ 161 (iii) 1 PROTECTION OF HUMAN RIGHTS ADVOCATES IN NORTHERN IRELAND TUESDAY, MARCH 14, 2000 COMMISSION ON SECURITY AND COOPERATION IN EUROPE, WASHINGTON, DC The Commission met, pursuant to call, at 10:00 a.m., in Room 2255, Rayburn House Office Building, Honorable Christopher H. Smith, Chair- man of the Commission, presiding. Commissioners present: Hon. Christopher H. Smith, Chairman; Hon. Joseph R. Pitts; Harold Hongju Koh, Assistant Secretary for Democ- racy, Human Rights, and Labor, U.S. Department of State. Members present: Hon. Benjamin A. Gilman, Chairman, Committee on International Relations. Witnesses present: Geraldine Finucane; Eunan Magee; Jane Winter, Director, British Irish Rights Watch; Paul Mageean, Legal Officer, Com- mittee on the Administration of Justice; and Michael Posner, Executive Director, Lawyers Committee for Human Rights. OPENING STATEMENT OF HON. CHRISTOPHER H. SMITH, CHAIRMAN Mr. SMITH. The Commission proceeding will come to order. The purpose of this hearing is for the Commission on Security and Cooperation in Europe, which monitors and encourages compliance with the 1975 Helsinki Final Act, to receive reports on allegations of collu- sion by members of the security forces in the murders of two prominent defense attorneys, Patrick Finucane and Rosemary Nelson, and to re- ceive reports on the status of the rule of law and the independence of defense attorneys in Northern Ireland. Since 1976, our Commission has held countless hearings, sponsored fact-finding human rights missions, and published reports concerning implementation of the commitments made by the participating States of the Organization for Security and Cooperation in Europe. The United Kingdom is a leading participant in the OSCE, and signed the 1990 OSCE Copenhagen Document, which stated in part, The par- ticipating States further affirm that, where violations of human rights and fundamental freedoms are alleged to have occurred, the effective remedies available include the right of the individual to seek and re- ceive adequate legal assistance. Today marks the Commissions first ever hearing on human rights abuses in Northern Ireland. The Commission has sponsored two fact- finding missions to Northern Ireland. One led by former Chairman, Dennis DeConcini in 1992, and a second which I led in 1997. Since my fact-finding mission in 1997, great strides have been made toward peace in Northern Ireland. The cease fire has been virtually intact for 51/ years now. In 1998, the Good Friday Agreement was signed and ap-2 proved by the people, and after some delay power was devolved and the Northern Ireland Assembly began its deliberations in December of 1999. 2 Regrettably, the progress has not been without some setbacks. Just last month, the British Government dissolved the Assembly over the issue of decommissioning of arms in the hands of paramilitary organi- zations. Thus, with the legislative dimension of the Good Friday Agree- ment stalled, it is increasingly important to underscore those aspects of the peace process, namely securing the protection of human rights and the fair administration of justice for all the people of Northern Ireland that can still be achieved unilaterally by the British Government. Ensuring a defendants rights to a fair trial and to unfettered access to appropriate counsel is crucial if Northern Ireland is to achieve a lasting peace. The central responsibility for assuring this right and maintaining the rule of law belongs to the government, in this case the British Government. However, by supporting continued restrictions on due process rights, the so-called emergency provisions, and by refusing to take decisive actions to protect defense attorneys, the government has failed miserably in this regard, and instead has exacerbated the problem. As Chairman of the House Subcommittee on International Opera- tions and Human Rights, I have convened four hearings on human rights violations in Northern Ireland. We have highlighted a variety of concerns but have focused most on harassment of and violence against defense attorneys and the possible complicity of members of the
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