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DEVELOPMENTS IN NORTHERN IRELAND PART I: HUMAN RIGHTS AND POLICE REFORM PART II: IMPLEMENTATION OF THE CORY REPORTS AND IMPACT ON THE GOOD FRIDAY AGREEMENT HEARINGS BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED EIGHTH CONGRESS SECOND SESSION MARCH 16, 2004 MAY 5, 2004 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 108-2-2] [CSCE 108-2-3] Available via the World Wide Web: http://www.csce.gov U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2005 20 154.PDF For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 512 1800 Fax: (202) 512 2250 Mail Stop SSOP, Washington, DC 20402 0001 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 SAM BROWNBACK, Kansas JOSEPH R. PITTS, Pennsylvania GORDON H. SMITH, Oregon ROBERT B. ADERHOLT, Alabama KAY BAILEY HUTCHISON, Texas ANNE M. NORTHUP, Kentucky SAXBY CHAMBLISS, Georgia BENJAMIN L. CARDIN, Maryland CHRISTOPHER J. DODD, Connecticut LOUISE McINTOSH SLAUGHTER, Nexv York BOB GRAHAM, Florida ALCEE L. HASTINGS, Florida RUSSELL D. FEINGOLD, Wisconsin MIKE McINTYRE, North Carolina HILLARY RODHAM CLINTON, New York EXECUTIVE BRANCH COMMISSIONERS LORNE W. CRANER, Department of State VACANT, Department of Defense WILLIAM HENRY LASH III, Department of Commerce (ii) DEVELOPMENTS IN NORTHERN IRELAND PART I: HUMAN RIGHTS AND POLICE REFORM MARCH 16, 2004 COMMISSIONERS PAGE Hon. Christopher H. Smith, Chairman, Commission on Security and C ooperation in E u rope ................................................................................ 1 Hon. Frank R. Wolf, Commissioner, Commission on Security and C ooperation in E u rope ................................................................................ 5 Hon. Alcee L. Hastings, Commissioner, Commission on Security and C ooperation in E u rope .............................................................................. 11 Hon. Robert B. Aderholt, Commissioner, Commission on Security and C ooperation in E urope .......................................................................... 25 MEMBERS OF CONGRESS Hon. Joseph P. Crowley, Member of Congress ......................................... 26 WITNESSES Mitchell Reiss, Director, Policy Planning, U.S. Department of State .......... 6 Nuala O'Loan, Police Ombudsman for Northern Ireland ......................... 15 Paul Mageean, Legal Officer, Committee on the Administration of J u stice ............................................................................................ 3 1 Elisa Massimino, Director, Human Rights First ...................................... 36 Jane Winter, Director, British Irish Rights Watch .................................. 41 Brendan McAllister, Director, Mediation Northern Ireland ................... 44 APPENDICES Material Submitted for the Record by Hon. Christopher H. Smith, Chair man: "The Third Official Report of the Oversight Commissioner for Calendar Year 2003, by Thomas A. Constantine ............................... 55 Prepared Statement of Hon. Gordon H. Smith, Commissioner, Commission on Security and Cooperation in Europe ......................... 98 Prepared Statement of M itchell Reiss .................................................... 99 * Letter from Chairman Christopher H. Smith to Mitchell Reiss, Detailing Questions Submitted for the Record ................................... 104 * Responses to Questions Submitted for the Record by Mitchell Reiss ........ 106 Prepared Statem ent of N uala O'Loan ........................................................ 109 * Annual Report of the Police Ombudsman for Northern Irelandfor April 2002 March 2003, Foreword, Introduction, and Executive S u m m a ry .............................................................................................. 12 5 Prepared Statem ent of Paul M ageean ....................................................... 135 * luman Rights in Northern Ireland:An OpportunityforFurtherProgress .... 140 * CoryMust Be Implem ented in Full ....................................................... 143 Prepared Statem ent of Elisa M assim ino ................................................... 144 * NorthernIreland: A Report to the Association ofthe Barofthe CityofNew York from a Mission ofthe Committee on InternationalHumanRights....... 151 Prepared Statem ent of Jane W inter .......................................................... 201 Prepared Statement of Brendan M cAllister .............................................. 207 * Assistance to Mediation Northern Ireland from Department of State ...... 214 Submission of the Northern Ireland Human Rights Commission ............ 216 Submission of the Irish American Unity Conference ................................. 221 (iii) DEVELOPMENTS IN NORTHERN IRELAND PART II: IMPLEMENTATION OF THE CORY REPORTS AND IMPACT ON THE GOOD FRIDAY AGREEMENT MAY 5, 2004 COMMISSIONERS PAGE Hon. Christopher H. Smith, Chairman, Commission on Security and Cooperation in Europe ...................................................... 223 Hon. Benjamin L. Cardin, Ranking Member, Commission on Security and Cooperation in Europe ...................................................... 227 Hon. Hillary Rodham Clinton, Commissioner, Commission on Security and Cooperation in Europe ...................................................... 227 Hon. Robert B. Aderholt, Commissioner, Commission on Security and Cooperation in Europe ...................................................... 256 MEMBERS OF CONGRESS Hon. Peter T. King, M ember of Congress ................................................... 228 Hon. Richard E. Neal, M ember of Congress ............................................... 229 Hon. Joseph P. Crowley, M ember of Congress ........................................... 242 WITNESSES Judge Peter Cory, former Canadian Supreme Court Justice .................... 231 Geraldine Finucane, widow of Patrick Finucane ........................................ 247 Elisa Massimino, Washington Director, Human Rights First .................. 252 APPENDICES Prepared Statement of Hon. Benjamin L. Cardin ..................................... 258 Prepared Statement of Hon. Hillary Rodham Clinton .............................. 259 Prepared Statem ent of Peter Cory ............................................................. 260 Prepared Statement of Geraldine Finucane .............................................. 269 Prepared Statem ent of Elisa M assim ino ................................................... 274 (iv) DEVELOPMENTS IN NORTHERN IRELAND: PART I-HUMAN RIGHTS AND POLICE REFORM IN NORTHERN IRELAND MARCH 16, 2004 COMMISSION ON SECURITY AND COOPERATION IN EUROPE WASHINGTON, DC The Commission met in Room 2172 Rayburn House Office Build- ing, Washington, DC, at 10 a.m., Hon. Christopher H. Smith, Chair- man, Commission on Security and Cooperation in Europe, presiding. Commissioners present: Hon. Christopher H. Smith, Chairman, Commission on Security and Cooperation in Europe; Hon. Frank R. Wolf, Commissioner, Commission on Security and Cooperation in Europe; Hon. Alcee L. Hastings, Commissioner, Commission on Secu- rity and Cooperation in Europe; and Hon. Robert B. Aderholt, Com- missioner, Commission on Security and Cooperation in Europe. Other Member of Congresspresent: Hon. Joseph P. Crowley, Mem- ber, U.S. House of Representatives. Witnesses present.Mitchell Reiss, Director of Policy Planning Staff, U.S. Department of State; Nuala O'Loan, Police Ombudsman for Northern Ireland; Paul Mageean, Legal Officer, Committee on the Administration of Justice; Elisa Massimino, Director, Washington Office, Human Rights First; Jane Winter, Director, British Irish Rights Watch; and Brendan McAllister, Director, Mediation Northern Ire- land. HON. CHRISTOPHER H. SMITH, CHAIRMAN, COMMISSION ON SECURITY AND COOPERATION IN EUROPE Mr. SMITH. The hearing of the Commission on Security and Coop- eration in Europe will come to order. Good morning. I want to welcome all of you to today's hearing. To begin, the purpose of today's hearing is to examine progress made in establishing a human rights-based approach to policing in North- ern Ireland and to explore remaining problems that must be addressed in order to secure maximum accountability and public confidence in the Police Service of Northern Ireland. I would point out from the outset that this is the eighth hearing that I have chaired on Northern Ireland. A couple of those hearings were held by the International Relations Committee of which I served as chair of the International Operations Sub-Committee. We also held other hearings of the Helsinki Commission. This Commission is made up of nine members of the House, nine members of the Senate, and three members of the executive branch. 2 The Helsinki Final Act was signed in 1975, and soon thereafter this Commission was established to monitor human rights issues in the OSCE countries, of which the U.K., Northern Ireland certainly, and the Republic of Ireland, and the United States and Canada, and coun- tries of Eastern and Central Europe, and Russia, are a part. I would point out at the outset as well that Tom Constantine, the Oversight Commissioner, in his December 3 report pointed out, and I quote briefly, "In fact, the institutions are doing very well in fulfilling the independent Commission's recommendation." He points out that, "All the
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