BRITAIN’S DIRTY WAR IN IRELAND MEP DECLARATION Cogadh Sálach Shasana in Éirinn MEP Update September 2015 MEP Update September 2015 MEPs have signed a declaration calling the implementation of judgments in right for British state compliance of its Article 2 to life cases. European Human Rights obligations under the ECHR in the context of Commissioner, Nils Muznieks stated Rights from the European Court of Human state killings during the conflict in Ireland. publicly in Belfast in November 2014 that: Rights ECtHR including a representative 3,589 people were killed during the conflict “until now there has been virtual impunity from the Execution of Judgements. in Ireland between the late 1960s and for State actors. The issue of impunity is Discussions focussed on how the British the signing of the Belfast ‘Good Friday’ a very serious one and the UK government State has failed in their Article 2 obligation Agreement of 1998. has a responsibility to uphold the rule of law. This is not just an issue of dealing with with particular reference to the package of It is now widely accepted that many of these the past, it has to do with upholding the law measures they put in place (i.e. HET, Police killings and injuries involved acts by agents in general.” Ombudsman investigations and Coroner of the British state. These state agents Court Inquests). were engaged in practices and policies, for Under the Good Friday Agreement the which the British state has not been held to British Government is obliged to deliver, I invited Nils Muiznieks to Ireland and he account. These include: “complete incorporation into Northern attended a conference in Belfast, November • The use of lethal force including the use Ireland law of the European Convention 2014, where he called on the British of plastic bullets as a response to civil on Human Rights, with direct access to Pictured: Anne Cadwallader, Martina Anderson, Mark government to fund investigations into the Thompson disorder, the courts, and remedies for breach of the legacy of the conflict. • A shoot to kill policy, Convention.” The Human Rights Act (HRA) One of my priorities in Europe is to raise • A state policy of ‘collusion’ between the 1998 gives this legal effect to the ECHR, I have met with him again recently to update the issue of collusion and assist families in British state and paramilitaries. despite recent British Government threats progress and I look forward to welcoming securing truth and justice. I have: to repeal the HRA. him to Ireland again in the near future. These state policies were subject to criticism in six European Court of Human Furthermore the European Parliament Joint Brought a delegation to the European I continue to work with families in their Rights (ECtHR) cases delivered from May Motion for Resolution on the Peace Process Parliament to raise awareness of pursuit of truth and justice. For more 2001, all holding the British state in breach adopted in plenary on the 5th November the issue. A number of roundtable information visit my website of its investigatory procedural obligations 2014 stated in paragraph 1 that the EP, discussions were held to discuss martinamep.eu under Article 2 of the European Convention “urges all parties to the process to work Britain’s Dirty War in Ireland. These of Human Rights (ECHR). constructively towards a lasting resolution meetings were attended by MEPs ‘The discussion is no longer about whether or of the conflict and the full implementation of and the Irish and British Permanent A ‘Package of Measures’ was incepted by not collusion occurred but how widespread it the Good Friday Agreement and subsequent Representatives in Europe. the British Government to discharge its was. We aren’t talking about a ‘few bad apples’ agreements for a long-lasting and enduring Article 2 obligations under ECHR. but rather about a policy adopted by the British peace.” Organised a meeting with the Human Government in the early 70s that was to have Rights Commissioner in Strasbourg to Independent British state reports from the Therefore we, the undersigned MEPs, call profound implications. Many people died as discuss British Article 2 compliance in Criminal Justice Inspectorate NI and Her on the British Government to urgently a result. Ultimately collusion prolonged the cases involving collusion and also the Majesties Inspector of Constabularies, as discharge its obligations under Article conflict. It is vital that the past be dealt with. If specific case of the Hooded Men. well as further judgments from the ECtHR, 2 of the ECHR, so as to promote public the Stormont House Agreement proposals on conclusively demonstrate that the Package confidence and trust in the Rule of Law and to dealing with the past are not implemented the Niall Murphy (Relatives for Justice) and Paul of Measures, have failed. protect the integrity of the ECtHR standards PSNI will suffer the consequences in terms of O’Connor (Pat Finucane Centre) came to requiring the prompt and effective execution on-going distrust and suspicion of any policing A dangerous precedent is set across Strasbourg and met with the Human Rights of judgements. arrangements.’ Commissioner Nils Muiznieks and with Europe, if a member state is able to thwart representatives of the Directorate of Human Paul O’Connor, Pat Finucane Centre DEALING WITH THE PAST DEALING WITH THE PAST MEP Update September 2015 MEP Update September 2015 Not only did the British government collude The British government can no longer hide with loyalist death squads to target and behind the excuse of cost to continue to deny assassinate citizens, - in clear violation of truth and justice to the relatives of victims of the Article 2 of the European Convention state violence and collusion. on Human Rights, the right to life, it then sought to cover up its actions. It has a responsibility to deal with the past. This is not just Sinn Féin’s view. The During the Stormont House negotiations last Council of Europe’s Commissioner for year, mechanisms were agreed to deal with Human Rights, Nils Muiznieks, has made the legacy of the past. Those mechanisms, it clear that it is Britain’s responsibility to which were agreed as part of the subsequent fund investigations into the the past, most Stormont House Agreement. notably cases in which it failed in human rights responsibilities. That agreement must now be implemented in full to allow relatives of victims of collusion, Sinn Féin will continue to support relatives and all relatives who are campaigning for of victims of collusion in their long campaign truth to get some sense of closure. for access to truth and justice. Pictured: Raymond McCartney, Martina Anderson, Maeve McLaughlin, Martin McGuinness Dealing with the past and the legacy of the In particular, collusion between loyalist conflict has been one of the most challenging death squads and the British army, RUC and difficult issues facing political parties and various agencies of the British state and society in the North. has caused deep hurt in nationalist and republican communities. Many communities have suffered as a result of actions carried out by all parties to the conflict and relatives of those killed and injured are still dealing with that pain today. For our part, republicans have shown a willingness to deal with the legacy of the conflict in a way that helps all victims. Others however, chiefly the British government, have not been so willing and have actively placed obstacles in the path of those seeking truth and justice. Pictured: Gerry Adams Pictured: Martina Anderson, Nils Muiznieks, Martin McGuinness DEALING WITH THE PAST The Murder of Gary English and Jim Brown as a result of injuries received in a motor dismissing the jury and formally charging vehicle incident. The pathologist, Marshall, them, while they stood in the dock already said a mark on Gary’s back indicated that it being prosecuted. Buzzard was charged was possible or probable that the jeep had with reckless driving, Smith with aiding and went over him but that this wasn’t the cause abetting Buzzard to commit the offence. of death. The soldiers gave conflicting information on The forensic scientist concluded that the how fast they were travelling, with Buzzard boys were running across the road as they saying 35mph, while Smith said they were were struck. There was no bruising or almost at a complete stop when they evidence to support this theory. The clothes reached the junction. Smith also stated that that Gary was wearing clearly show a tyre no one was in view while Buzzard and other mark over the back of his shirt. soldiers said there were up to 70 youths in view. The forensic scientist concluded that Gary’s body was thrust forward, caught up under The trial focused on traffic offences of Pictured: Gary English, Jim Brown the front axle and was pushed forward when speed and stopping distances as opposed the vehicle came to a stop. to deliberately knocking down two young People think of collusion as the use of The events of that night and the subsequent men, which would have seen murder or informers and agents, of the RUC assisting trial raise many questions about the British He based this on hair fragments found manslaughter charges. There was no CID loyalists in murder by providing weapons, justice system, and unfortunately this is not embedded on the chrome at the front of the investigation as would be expected in a information and cover. However, collusion an isolated incident during the conflict in vehicle. However, all soldiers in the back murder investigation. can also be found within the British justice Ireland. of the jeep said they seen two boys lying system.