Pace International Law Review Volume 15 Issue 2 Fall 2003 Article 3 September 2003 Improper Interference: The Perils of Defending Suspected Terrorists in Northern Ireland Una Lucey Follow this and additional works at: https://digitalcommons.pace.edu/pilr Recommended Citation Una Lucey, Improper Interference: The Perils of Defending Suspected Terrorists in Northern Ireland, 15 Pace Int'l L. Rev. 411 (2003) Available at: https://digitalcommons.pace.edu/pilr/vol15/iss2/3 This Article is brought to you for free and open access by the School of Law at DigitalCommons@Pace. It has been accepted for inclusion in Pace International Law Review by an authorized administrator of DigitalCommons@Pace. For more information, please contact
[email protected]. IMPROPER INTERFERENCE: THE PERILS OF DEFENDING SUSPECTED TERRORISTS IN NORTHERN IRELAND Una Lucey I. Introduction ....................................... 411 II. Background ....................................... 413 A. Home Rule and the Partition of Ireland ....... 414 B. The Troubles .................................. 416 C. The Emergency Laws .......................... 419 III. Policing Northern Ireland ......................... 420 A. RUC Powers Under the Emergency Regime ... 421 B. The Detainee's Right to Silence ................ 426 C. The RUC and Defense Lawyers ................ 427 IV . Conclusion ......................................... 434 I. INTRODUCTION In February 1989, Patrick Finucane, a prominent Irish de- fense lawyer, was killed in his Belfast, Northern Ireland home.' Masked gunmen murdered Finucane as he sat at Sunday din- ner with his wife and three young children.2 The following day, the Ulster Freedom Fighters (UFF), a loyalist paramilitary group, claimed responsibility for the execution, alleging that Finucane had been a member of the Provisional Irish Republi- can Army (PIRA).3 At the Coroner's Inquest in September 1990, a police superintendent acknowledged that there was no basis for the claim that Mr.