Official Transcript of the March Hearing

Total Page:16

File Type:pdf, Size:1020Kb

Official Transcript of the March Hearing 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,(i) 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, New York BOB GRAHAM, Florida ALCEE L. HASTINGS, Florida RUSSELL D. FEINGOLD, Wisconsin MIKE MCINTYRE, North Carolina HILLARY RODHAM CLINTON, New York EXECUTIVE B RANCH 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 Cooperation in Europe ................................................................................ 1 Hon. Frank R. Wolf, Commissioner, Commission on Security and Cooperation in Europe ................................................................................ 5 Hon. Alcee L. Hastings, Commissioner, Commission on Security and Cooperation in Europe .............................................................................. 11 Hon. Robert B. Aderholt, Commissioner, Commission on Security and Cooperation in Europe .............................................................................. 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 Justice ................................................................................................... 31 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 Mitchell 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 Statement of Nuala O’Loan ........................................................ 109 • Annual Report of the Police Ombudsman for Northern Ireland for April 2002–March 2003, Foreword, Introduction, and Executive Summary .............................................................................................. 125 Prepared Statement of Paul Mageean ....................................................... 135 • Human Rights in Northern Ireland: An Opportunity for Further Progress .... 140 • Cory Must Be Implemented in Full ....................................................... 143 Prepared Statement of Elisa Massimino ................................................... 144 • Northern Ireland: A Report to the Association of the Bar of the City of New York from a Mission of the Committee on International Human Rights ....... 151 Prepared Statement of Jane Winter .......................................................... 201 Prepared Statement of Brendan McAllister .............................................. 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, Member of Congress ................................................... 228 Hon. Richard E. Neal, Member of Congress ............................................... 229 Hon. Joseph P. Crowley, Member 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 Statement of Peter Cory ............................................................. 260 Prepared Statement of Geraldine Finucane .............................................. 269 Prepared Statement of Elisa Massimino ................................................... 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 Congress present: 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
Recommended publications
  • John F. Morrison Phd Thesis
    View metadata, citation and similar papers at core.ac.uk brought to you by CORE provided by St Andrews Research Repository 'THE AFFIRMATION OF BEHAN?' AN UNDERSTANDING OF THE POLITICISATION PROCESS OF THE PROVISIONAL IRISH REPUBLICAN MOVEMENT THROUGH AN ORGANISATIONAL ANALYSIS OF SPLITS FROM 1969 TO 1997 John F. Morrison A Thesis Submitted for the Degree of PhD at the University of St Andrews 2010 Full metadata for this item is available in Research@StAndrews:FullText at: http://research-repository.st-andrews.ac.uk/ Please use this identifier to cite or link to this item: http://hdl.handle.net/10023/3158 This item is protected by original copyright ‘The Affirmation of Behan?’ An Understanding of the Politicisation Process of the Provisional Irish Republican Movement Through an Organisational Analysis of Splits from 1969 to 1997. John F. Morrison School of International Relations Ph.D. 2010 SUBMISSION OF PHD AND MPHIL THESES REQUIRED DECLARATIONS 1. Candidate’s declarations: I, John F. Morrison, hereby certify that this thesis, which is approximately 82,000 words in length, has been written by me, that it is the record of work carried out by me and that it has not been submitted in any previous application for a higher degree. I was admitted as a research student in September 2005 and as a candidate for the degree of Ph.D. in May, 2007; the higher study for which this is a record was carried out in the University of St Andrews between 2005 and 2010. Date 25-Aug-10 Signature of candidate 2. Supervisor’s declaration: I hereby certify that the candidate has fulfilled the conditions of the Resolution and Regulations appropriate for the degree of Ph.D.
    [Show full text]
  • Rights Watch
    British Irish RIGHTS WATCH SUBMISSION TO THE UNITED NATIONS HUMAN RIGHTS COMMITTEE CONCERNING THE UNITED KINGDOM’S COMPLIANCE WITH THE INTERNATIONAL COVENANT ON CIVIL AND POLITICAL RIGHTS SEPTEMBER 2007 1. INTRODUCTION 1.1 British Irish RIGHTS WATCH is an independent non-governmental organisation that monitors the human rights dimension of the conflict and the peace process in Northern Ireland. Our services are available free of charge to anyone whose human rights have been affected by the conflict, regardless of religious, political or community affiliations, and we take no position on the eventual constitutional outcome of the peace process. 1.2 This submission to the Human Rights Committee of the United Nations concerns the United Kingdom’s observance of the provisions of the International Covenant on Civil and Political Rights (ICCPR). All our comments stem directly from our work and experience. In the interests of brevity, we have kept details to a minimum, but if any member of the Committee would like further information about anything in this submission, we would be happy to supply it. Throughout the submission we respectfully suggest questions that the Committee may wish to pose to the United Kingdom (UK) during its examination of the UK’s sixth periodic report. 2. THE UNITED KINGDOM AND HUMAN RIGHTS 2.1 In its 2001 examination of the United Kingdom’s observance of the provisions of the ICCPR, the Human Rights Committee recommended that the United Kingdom incorporate all the provisions of the ICCPR into domestic law1. However, the UK has yet to comply with this recommendation. Suggested question: · What plans does the UK have for incorporating all provisions of the ICCPR into domestic law and what is the timetable? 2.2 The Human Rights Committee’s last examination of the UK’s observance of the provisions of the ICCPR further recommended that the UK should consider, as a priority, accession to the first Optional Protocol2.
    [Show full text]
  • Civil Courage Newsletter
    Civil Courag e News Journal of the Civil Courage Prize Vol. 11, No. 2 • September 2015 For Steadfast Resistance to Evil at Great Personal Risk Bloomberg Editor-in-Chief John Guatemalans Claudia Paz y Paz and Yassmin Micklethwait to Deliver Keynote Barrios Win 2015 Civil Courage Prize Speech at the Ceremony for Their Pursuit of Justice and Human Rights ohn Micklethwait, Bloomberg’s his year’s recipients of the JEditor-in-Chief, oversees editorial TCivil Courage Prize, Dr. content across all platforms, including Claudia Paz y Paz and Judge Yassmin news, newsletters, Barrios, are extraordinary women magazines, opinion, who have taken great risks to stand television, radio and up to corruption and injustice in digital properties, as their native Guatemala. well as research ser- For over 18 years, Dr. Paz y Paz vices such as has been dedicated to improving her Claudia Paz y Paz Bloomberg Intelli - country’s human rights policies. She testing, wiretaps and other technol - gence. was the national consultant to the ogy, she achieved unprecedented re - Prior to joining UN mission in Guatemala and sults in sentences for homicide, rape, Bloomberg in February 2015, Mickle- served as a legal advisor to the violence against women, extortion thwait was Editor-in-Chief of The Econo - Human Rights Office of the Arch - and kidnapping. mist, where he led the publication into the bishop. In 1994, she founded the In - In a country where witnesses, digital age, while expanding readership stitute for Com- prosecutors, and and enhancing its reputation. parative Criminal judges were threat - He joined The Economist in 1987, as Studies of Guate- ened and killed, she a finance correspondent and served as mala, a human courageously Business Editor and United States Editor rights organization sought justice for before being named Editor-in-Chief in that promotes the victims of the 2006.
    [Show full text]
  • Backlash Over Blair's School Revolution
    Section:GDN BE PaGe:1 Edition Date:050912 Edition:01 Zone:S Sent at 11/9/2005 19:33 cYanmaGentaYellowblack Chris Patten: How the Tories lost the plot This Section Page 32 Lady Macbeth, four-letter needle- work and learning from Cate Blanchett. Judi Dench in her prime Simon Schama: G2, page 22 Amy Jenkins: America will never The me generation be the same again is now in charge G2 Page 8 G2 Page 2 £0.60 Monday 12.09.05 Published in London and Manchester guardian.co.uk Bad’day mate Aussies lose their grip Column five Backlash over The shape of things Blair’s school to come revolution Alan Rusbridger elcome to the Berliner Guardian. No, City academy plans condemned we won’t go on calling it that by ex-education secretary Morris for long, and Wyes, it’s an inel- An acceleration of plans to reform state education authorities as “commissioners egant name. education, including the speeding up of of education and champions of stan- We tried many alternatives, related the creation of the independently funded dards”, rather than direct providers. either to size or to the European origins city academy schools, will be announced The academies replace failing schools, of the format. In the end, “the Berliner” today by Tony Blair. normally on new sites, in challenging stuck. But in a short time we hope we But the increasingly controversial inner-city areas. The number of acade- can revert to being simply the Guardian. nature of the policy was highlighted when mies will rise to between 40 and 50 by Many things about today’s paper are the former education secretary Estelle next September.
    [Show full text]
  • Northern Ireland) Bill Which Is Due to Be Debated on Second Reading in the House of Commons on Wednesday 13 December 2006
    RESEARCH PAPER 06/63 The Justice and 7 DECEMBER 2006 Security (Northern Ireland) Bill Bill 10 of 2006-07 This paper discusses the Justice and Security (Northern Ireland) Bill which is due to be debated on second reading in the House of Commons on Wednesday 13 December 2006. A key part of the normalisation programme in Northern Ireland, following the paramilitary ceasefires and subsequent improvements in the security situation, is the expiry by July 2007 of counter-terrorist legislation specific to Northern Ireland, currently set out in Part 7 of the Terrorism Act 2000. Part 7 includes provisions currently enabling non-jury “Diplock courts” to try “scheduled offences”. The Justice and Security (Northern Ireland) Bill contains measures designed to re-introduce a presumption in favour of jury trial for offences triable on indictment, subject to a fall-back arrangement for a small number of exceptional cases for which the Director of Public Prosecutions will be able to issue a certificate stating that a trial is to take place without a jury. Amongst other things the Bill also seeks to reform the jury system in Northern Ireland, extend the powers of the Northern Ireland Human Rights Commission, provide additional statutory powers for the police and armed forces and create a permanent regulatory framework for the private security industry in Northern Ireland. Miriam Peck Pat Strickland Grahame Danby HOME AFFAIRS SECTION HOUSE OF COMMONS LIBRARY Recent Library Research Papers include: 06/44 Judicial Review: A short guide to claims in the Administrative
    [Show full text]
  • Socialist Fight No.10
    Socialist Fight Issue No. 10 Autumn 2012 Price: Concessions: 50p, Waged: £2.00 €3 Editorial: “Basic national loyalty and patriotism” and the US proxy war in Syria Ali Zein Al-Abidin Al-barri, summarily murdered with 14 of his men by the FSA for defending Aleppo against pro- imperialist reaction funded by Turkey, Saudi Arabia and Qatar in another US-sponsored counter-revolution in the region Page 10-11: The Counihan-Sanchez family; Page 24: What really is imperialism? Contents a story of Cameron’s Britain. By Farooq Sulehria. Page 2: Editorial: “Basic national loyalty Page 12: FREE The MOVE 9; Ona MOVE for Page 26: Thirty Years in a Turtle-Neck and patriotism” and the US proxy war. our Children! By Cinead D and Patrick Sweater, Review by Laurence Humphries. Page 4: Rank and file conference Conway Murphy. Page 27: Revolutionary communist at Hall 11th August, By Laurence Humphries. Page 13: Letters page, The French Elec- work: a political biography of Bert Ramel- Page 4: London bus drivers Olympics’ bo- tions. son, Review by Laurence Humphries. nus: Well done the drivers! - London GRL, Page 14: Response to Jim Creggan's By Ray Page 29: Queensland: Will the Unions Step On Diversions and ‘Total Victory’ By a Rising. Up? By Aggie McCallum – Australia London bus driver. Page 17: The imperialist degeneration of Page 30: LETTER FROM TPR TO LC AND Page 6: Questions from the IRPSG . sport, By Yuri Iskhandar and Humberto REPLY. Christian Armenteros and Hum- Page 7: REPORT OF THE MEETING AT THE Rodrigues. berto Rodrigues. IRISH EMBASSY 31st JULY 2012 Page 20: A materialist world-view, Face- Page 31: Cosatu – Tied to the Alliance and Page 8: Irish Left ignores plight of Irish book debate.
    [Show full text]
  • Patterns of Global Terrorism 1999
    U.S. Department of State, April 2000 Introduction The US Government continues its commitment to use all tools necessary—including international diplomacy, law enforcement, intelligence collection and sharing, and military force—to counter current terrorist threats and hold terrorists accountable for past actions. Terrorists seek refuge in “swamps” where government control is weak or governments are sympathetic. We seek to drain these swamps. Through international and domestic legislation and strengthened law enforcement, the United States seeks to limit the room in which terrorists can move, plan, raise funds, and operate. Our goal is to eliminate terrorist safehavens, dry up their sources of revenue, break up their cells, disrupt their movements, and criminalize their behavior. We work closely with other countries to increase international political will to limit all aspects of terrorists’ efforts. US counterterrorist policies are tailored to combat what we believe to be the shifting trends in terrorism. One trend is the shift from well-organized, localized groups supported by state sponsors to loosely organized, international networks of terrorists. Such a network supported the failed attempt to smuggle explosives material and detonating devices into Seattle in December. With the decrease of state funding, these loosely networked individuals and groups have turned increasingly to other sources of funding, including private sponsorship, narcotrafficking, crime, and illegal trade. This shift parallels a change from primarily politically motivated terrorism to terrorism that is more religiously or ideologically motivated. Another trend is the shift eastward of the locus of terrorism from the Middle East to South Asia, specifically Afghanistan. As most Middle Eastern governments have strengthened their counterterrorist response, terrorists and their organizations have sought safehaven in areas where they can operate with impunity.
    [Show full text]
  • The Diplock Courts in Northern Ireland: a Fair Trial?
    Studie- en lnformatiecentrum Mensenrechten Netherlands Institute of Human Rights Institut Neerlandais des Droits de l'Homme The Diplock Courts in Northern Ireland: A Fair Trial? An analysis of the law, based on a study commissioned by Amnesty International by Douwe Korff SIM Special No. 3 Studie- en • e ourts 10 Mensenrechten orthem Ire a •• Netherlands Institute of Hu~an Rights lnstitut Neerlandais des Drotts de air Trial? l'Homme lnstituto Holandes de Derechos Human<lS Stichting Studie- en An analysis of the law. hased on a study commissioned lnfot matiecentrum Mensenrechten hy Amnesty International Nieuwegracht 94, 3512 LX UTRECI-IT, hy Douwe Korff The Netherlands, tel. 030 - 33 15 14 telex: 70779 SIM NL Cable Adress: SIMCABLE Bank: RABO-Bank Utrecht No. 39.45.75.555 Chairman Foundation: Professor P. van Dijk Director Institute: Mr. J.G.H. Thoolen The following analysis of the non-jury (" Diplock") couns in Northern Ireland was prepared in 1982 by Dutch lawyer, Douwe Korff, as a commissioned study for Amnesty International. ~ -' The text reproduced here has been shortened slightly (for reasons of economy). '' Amnesty International submitted the full text of the study in 19M3 to an official re­ view, then in progress, of the legislation and procedures governing such courts, as background to a recommendation that the organization's concerns he taken into ac­ count. SIM is grateful to Amnesty International for making the text available for independ­ ent publication. All rights for further reproduction are vested in Amnesty Interna­ tional. Table of contents Preface 7 Background note 9 List of references 14 Introduction 17 ' PART I The Pre-Triallnquiries and Proceedings 19 Chapter l The Legal Basis for Arrest and Detention for Questioning 20 (i) Ordinary Powers of Arrest 20 (ii) Common Law Essentials for a Valid Arrest 21 ( iii) Detention for Questioning 21 .
    [Show full text]
  • LIST of POSTERS Page 1 of 30
    LIST OF POSTERS Page 1 of 30 A hot August night’ feauturing Brush Shiels ‘Oh no, not Drumcree again!’ ‘Sinn Féin women demand their place at Irish peace talks’ ‘We will not be kept down easy, we will not be still’ ‘Why won’t you let my daddy come home?’ 100 years of Trade Unionism - what gains for the working class? 100th anniversary of Eleanor Marx in Derry 11th annual hunger strike commemoration 15 festival de cinema 15th anniversary of hunger strike 15th anniversary of the great Long Kesh escape 1690. Educate not celebrate 1969 - Nationalist rights did not exist 1969, RUC help Orange mob rule 1970s Falls Curfew, March and Rally 1980 Hunger Strike anniversary talk 1980 Hunger-Strikers, 1990 political hostages 1981 - 1991, H-block martyrs 1981 H-block hunger-strike 1981 hunger strikes, 1991 political hostages 1995 Green Ink Irish Book Fair 1996 - the Nationalist nightmare continues 20 years of death squads. Disband the murderers 200,000 votes for Sinn Féin is a mandate 21st annual volunteer Tom Smith commemoration 22 years in English jails 25 years - time to go! Ireland - a bright new dawn of hope and peace 25 years too long 25th anniversary of internment dividedsociety.org LIST OF POSTERS Page 2 of 30 25th anniversary of the introduction of British troops 27th anniversary of internment march and rally 5 reasons to ban plastic bullets 5 years for possessing a poster 50th anniversary - Vol. Tom Williams 6 Chontae 6 Counties = Orange state 75th anniversary of Easter Rising 75th anniversary of the first Dáil Éireann A guide to Irish history
    [Show full text]
  • The Diplock Courts in Northern Ireland: a Fair Trial?
    Studie- en Informatiecentrum VIO Mensenrechten Netherlands Institute of Human Rights Institut Neerlandais des Droits dc l'Homme The Diplock Courts in Northern Ireland: A Fair Trial? An analysis of the law, based on a study commissioned by Amnesty International by Douwe Korff SIM Special No. 3 Studies en Info atiecentrum The iplock Courts in ensenrechten orthe Ireland: Netherlands Institute of Human Rights Institut NEerlandais des Droits de Fair Trial? l'Homme Instituto Holandés de Derechos Humanos Stichting Studie- en An analysis of the law, based on a study commissioned lnformatiecentrum Mensenrechten by Amnesty International Nieuwegracht 94, 3512 LX UTRECHT, by Douwe Korff The Netherlands, tel. 030 - 33 15 14 telex: 70779 SIM NL Cable Adress: S1MCABLE Bank: RABO-Bank Utrecht No. 39.45.75.555 Chairman Foundation: Professor P. van Dijk Director Institute: Mr. J.G.H. Thoolen The following analysis of the non-jury ("Diplock") courts in Northern Inland was prepared in 1982 by Dutch lawyer, Douwe Korff, as a commissioned study for Amnesty International. The text reproduced here has been shortened slightly (for reasons of economy). Amnesty International submitted the full text of the study in 1983 to an official re- view, then in progress, of the legislation and procedures governing such courts, as background to a recommendation that the organization's concerns he taken into ac- count. SIM is grateful to Amnesty International for making the text available for independ- ent publication. All rights for further reproduction are vested in Amnesty
    [Show full text]
  • Queen V Duffy (Colin) and Shivers
    Neutral Citation No. [2012] NICC 1 Ref: HAR8394 Judgment: approved by the Court for handing down Delivered: 20/1/2012 (subject to editorial corrections)* IN THE CROWN COURT IN NORTHERN IRELAND ________ ANTRIM CROWN COURT ________ THE QUEEN -v- COLIN FRANCIS DUFFY AND BRIAN PATRICK SHIVERS _______ SIR ANTHONY HART [1] Colin Francis Duffy and Brian Patrick Shivers are charged with two counts of murder, six counts of attempted murder, and one of possession of two firearms and ammunition with intent to endanger life arising out of an attack by two gunmen armed with automatic rifles on several soldiers who had emerged from the gates of Masserene Camp on the night of 7 March 2009 to collect pizzas they had ordered. As will be apparent from the actions of the gunmen they were determined to kill as many people as possible, not only the soldiers who were dressed in uniform, but the civilian drivers who were in the process of making the deliveries, and a civilian security guard. [2] On Saturday 7 March 2009 members of 25 Field Squadron, Royal Engineers stationed at Masserene Barracks on the outskirts of Antrim were due to deploy to Afghanistan. Because there was a delay in their departure some of the soldiers decided to order pizzas from Dominos Pizzas in Antrim. It was a very common practice for soldiers stationed at Masserene Barracks to ring various fast food outlets in Antrim and place an order. This would be delivered by car to the front gate of the camp where the soldiers would collect their order and pay the driver.
    [Show full text]
  • THE APPARATUS of IMPUNITY? Human Rights Violations and the Northern Ireland Conflict: a Narrative of Official Limitations on Post-Agreement Investigative Mechanisms
    THE APPARATUS OF IMPUNITY? Human rights violations and the Northern Ireland conflict: a narrative of official limitations on post-Agreement investigative mechanisms Committee on the Administration of Justice January 2015 The Apparatus of Impunity? Committee on the Administration of Justice (CAJ) © Committee on the Administration of Justice January 2015 The material may be reproduced, free of charge, in any format or medium without specific permission, provided the reproduction is not for financial or material gain.The material must be reproduced accurately and not used in a misleading context. If the material is to be republished or issued to others, acknowledgement must be given to its source, copyright status, and date of publication. This publication is available on our website. CAJ Committee on the Administration of Justice 2nd Floor, Sturgen Building 9-15 Queen Street Belfast BT1 6EA Tel: 028 9031 6000 Fax: 028 9031 4583 [email protected] www.caj.org.uk ISBN 978 1 873285 94 7 The Apparatus of Impunity? Committee on the Administration of Justice (CAJ) THE APPARATUS OF IMPUNITY? Human rights violations and the Northern Ireland conflict: a narrative of official limitations on post-Agreement investigative mechanisms Committee on the Administration of Justice January 2015 The Apparatus of Impunity? Committee on the Administration of Justice (CAJ) Recent comments from key Council of Europe and UN human rights bodies in relation to existing mechanisms investigating the conflict in Northern Ireland: The absence of any plausible explanation for the failure to collect key evidence at the time when this was possible, and for attempts to even obstruct this process, should be treated with particular vigilance.
    [Show full text]