OF REAVEY v. THE UNITED KINGDOM
(Application no. 34640/04)
27 November 2007
This judgment will become
final in the circumstances set out in Article 44 § 2 of the Convention. It may
be subject to editorial revision.
In the case of Reavey v. the United Kingdom,
The European Court of Human Rights (Fourth Section), sitting as a Chamber
Mr J. Casadevall, President,
Sir Nicolas Bratza,
Mr G. Bonello,
Mr K. Traja,
Mr S. Pavlovschi,
Mr J. Šikuta,
Mrs P. Hirvelä, judges,
and Mr T.L.
Early, Section Registrar,
Having deliberated in private on 6 November 2007,
Delivers the following judgment, which was adopted on that date:
1. The case originated in an application (no. 34640/04) against the United
Kingdom of Great Britain and Northern Ireland lodged with the Court under
Article 34 of the Convention for the Protection of Human Rights and Fundamental
Freedoms (“the Convention”) by an Irish national, Ms Sarah Reavey (“the
applicant”), on 10 September 2004.
2. The applicant was represented by Madden & Finucane, solicitors practising in
Belfast. The United Kingdom Government (“the Government”) were represented by
their Agent, Mr J. Grainger of the Foreign and Commonwealth Office, London.
3. The applicant alleged that there had been no adequate investigation into
allegations of collusion and/or involvement by security forces in the shooting
of her three sons, nor any effective remedy for the same. She invoked Articles 2
and 13 of the Convention.
4. By a decision of 6 March 2007 the Court declared the application admissible.
5. The applicant and the Government each filed further written observations
(Rule 59 § 1), to which they each responded with further written comments (Rule
59 § 1). The Chamber decided, after consulting the parties, that no hearing on
the merits was required (Rule 59 § 3 in fine).
I. THE CIRCUMSTANCES OF THE CASE
6. The applicant was born in 1923 and lives in Whitecross, County Armagh. She
was the mother of John Reavey, Brian Reavey and Anthony Reavey.
A. The attack on the Reavey home and the initial investigation
7. On the evening of 4 January 1976, John Reavey, Brian Reavey and Anthony
Reavey, sons of the applicant, were at home watching television. Between
6.05-6.10 p.m., three gunmen entered the house and shot all three brothers.
Brian was shot three times in the back and once in the legs; John was hit by
14-16 9mm bullets in the neck and body: the autopsy report concluded that death
would have been rapid in both cases. Anthony was hit six times in the legs. When
the gunmen had gone, Anthony made his way to a neighbour's house to give the
alarm. He later died of a brain haemorrhage in hospital on 30 January 1976, the
autopsy report concluding that the wounds that he had received had played no
part in his death.
8. On the same night, three other Catholics, Barry O'Dowd, Declan O'Dowd and
Joseph O'Dowd were shot and killed in County Down, about twenty minutes after
the attack on the Reaveys (see application no. 34622/04).
9. Shortly after the events, police arrived at the scene and secured it. An
ambulance removed the bodies.
10. Detectives arrived at the scene at 7.25 pm.
11. At 7.40 pm officers went to a vehicle on fire and on its being extinguished
took the remains to a garage for inspection. Scene of crime officers examined
the scene, recovering a number of spent cartridge cases and bullet heads and one
live round, which were sent for examination.
12. Forensic examination established that four weapons had been used in the
attack, three of which had been used in previous incidents. Police believed the
murders were carried out by the Ulster Volunteer Force (“UVF”), a proscribed
loyalist paramilitary organisation.
13. House to house inquiries were carried out in the area and along the
suspected escape route, and liaison made with officers involved in other
killings of Catholics in the area. Nothing of evidential value was obtained. A
number of known loyalist activists were arrested and interviewed about the
murders but no admissions were made. The police sent a report to the DPP on 4
March 1976. As no person had been identified as a perpetrator no-one was
14. Inquests were held on 28 January 1977. Open verdicts were returned.
B. The investigations concerning McCaughey and Weir
15. The investigation did not close and became active again in 1978, when a
Catholic priest Father Hugh Murphy was abducted by loyalist paramilitaries
intending to use him as a hostage vis-à-vis the IRA. The police arrested a
reserve police constable, William McCaughey, who, in the course of questioning,
revealed his part in the abduction of the priest and in a variety of other
loyalist paramilitary incidents. McCaughey made allegations that a police
officer was involved in the Reavey murders. This officer was arrested and
questioned. He was charged with serious offences, resigned from the police and
was subsequently convicted.
16. McCaughey's revelations gave rise to investigations in eleven specific
cases, some of which were linked in terms of the identities of those involved,
the modus operandi or by virtue of the ballistic examinations of weapons used.
Nine suspects were arrested in total, including five police officers and all
were eventually charged with offences.
17. One of those implicated was a police officer John Weir who was named as
having been involved in the murder of a shopkeeper called Strathearn in Ahoghill
in April 1977: he was convicted for that murder in June 1980 and sentenced to
life imprisonment. The Government stated that both McCaughey and Weir refused to
name the two loyalist paramilitaries also involved with them in the murder
unless they received immunity from prosecution. The police and prosecuting
authority took the decision prior to the trial not to enter into any process of
bargaining with Weir and McCaughey. While both were approached by the police
after their convictions to see if at that stage they would give evidence against
the loyalist paramilitaries, each again refused to do so unless there was
something in it for themselves. The Government stated that during the period in
which Weir was detained he was interviewed on a large number of occasions. At no
time did he implicate himself or others in any offence other than the Strathearn
18. Apparently around this time, the applicant stated that Chief Superintendent
Gerry McCann of the Royal Ulster Constabulary ("RUC") initiated a meeting with a
member of the Reavey family and told him that he believed that two McClures (one
of whom was Laurence McClure, a former Reserve Constable in the RUC) and James
Mitchell, also a former Reserve Constable, were involved in the attacks on the
Reaveys as well as the attacks on Donnelly's Bar (19 December 1975- see
Brecknell v. the
United Kingdom, no. 32457/04 ) and the Rock Bar (5 June 1976: see
McGrath v. the United
Kingdom, no. 34651/04). He also named Robert McConnell (a former part
time member of the Ulster Defence Regiment, the “UDR”) as the gunman who entered
the house first. He said that one of the men was going to turn Queen's evidence
if convicted of the Rock Bar attack, an apparent reference to Laurence McClure.
C. The Weir allegations and the response of the authorities
19. On 1 February 1993 John Weir was released from prison on licence. In
January 1999, he made a statement to a journalist alleging RUC and UDR collusion
with loyalist paramilitaries from the Portadown area in the mid-1970s. This
statement was published in the Sunday Times newspaper in March 1999. It was
obtained by the Patrick Finucane Centre, a human rights non-governmental
organisation in Derry (“the Centre”).
20. John Weir's statement made detailed allegations about security force
collusion with loyalist paramilitaries in a series of incidents. He alleged
that RUC Reserve Constable Laurence McClure had told him that the murder of the
Reavey family members was carried out by Robert McConnell, a member of the UDR,
Laurence McClure, Johnny Mitchell, another Reserve Constable in the RUC and
McClure's brother who was not a member of the security forces. The statement
also made links between this incident and other attacks allegedly carried out by
members of the security forces, both RUC and UDR, and loyalist paramilitaries.
This group used the farmhouse in Glennane owned by James Mitchell, a RUC
reservist, as a base from which to carry out attacks on Catholics and
nationalists. Other attacks allegedly included the murder of Colm McCartney and
Sean Farmer at a bogus vehicle checkpoint in August 1975 (see application no.
34575/04); the attack on Donnelly's Bar in which Trevor Brecknell, Michael
Donnelly and Patrick Donnelly were killed (see application no. 32457/04); the
murder of Joseph, Barry and Declan O'Dowd and wounding of Barney O'Dowd (see
application no. 34622/04); and the attack on the Rock Bar in which Michael
McGrath was seriously injured (see application no. 34651/04). Weir also linked
these attacks to the Dublin and Monaghan bombings in which 33 people were killed
in the Republic of Ireland.
21. On or about 10 June 1999, RTE, an Irish television channel, broadcast a
television programme that contained allegations of security force involvement in
a number of deaths, including that of Trevor Brecknell. Weir made allegations on
that programme that members of the RUC and UDR were directly involved in the
attack on Donnelly's Bar. A BBC Spotlight programme produced a similar
documentary dealing with these allegations.
22. These allegations attracted considerable attention on both sides of the
Irish border and became the subject of police investigation in both
jurisdictions. The Government stated that the police investigation in Northern
Ireland was focussed on determining whether Weir's allegations should be
assessed as sufficiently credible to require a full investigation. They obtained
from the journalist an edited transcript of the interview with Weir. While his
whereabouts were unknown to the RUC, Weir met with senior Irish police officers
at the Irish Embassy on 15 April 1999. A copy of his statement was provided by
the Garda to the RUC, along with a further statement made by Weir to another
journalist dated 3 February 1999. The police analysed the available materials
and sought to identify the personalities to be interviewed. It became apparent
that some had died and that others, living abroad, could not be traced. A series
of seven interviews were conducted, under cautions, between July and December
2001, of those individuals central to Weir's account who could be traced. No
charges were preferred. The interviews followed the format of Weir's allegations
being put to the interviewee for his or her response. The predominant response
was denial of any involvement and claims that Weir had been untruthful. No
admissions were made by any interviewee. Interviews were also conducted with
less central personalities and with police officers involved in interviewing
Weir in 1978. The latter stated that Weir had not mentioned the matters now
being alleged. Amongst those interviewed by the police in the course of the
preliminary investigation of Weir's allegations, one person was questioned about
the Reavey murders. He denied any involvement and made no admissions.
23. Meetings were held regularly with RUC counterparts in the Republic of
Ireland. The RUC co-operated also with the judicial inquiry established in the
Republic of Ireland into the Dublin and Monaghan bombings (see the description
of the inquiry in the
Brecknell case referred to above). Amongst matters about which the RUC
team provided information to the inquiry was ballistics information which linked
some of the weapons used to more than one incident. In February 2000 a
substantial report was compiled by the RUC for the Garda dealing with Weir's
allegations. It profiled Weir and dealt inter alia with a description of the 1978
investigation into McCaughey, Weir and others. It concluded that the
investigation would continue but that his credibility was in doubt. According to
the Government, despite inquiries being conducted, Weir's whereabouts could not
be traced. This report was not disclosed as the investigation was continuing. An
internal RUC report dated 27 February 2001 concluded that it would be necessary
to interview Weir before any view could be finalised in respect of the
credibility of his allegations: such interview was not possible as his
whereabouts were not known. The report noted the absence of any previous mention
of the allegations before 1999 and that much of what he said was hearsay and
speculation. Enquiries made of the British Embassy in Nigeria (where he had a
known address) and the criminal intelligence service and others failed to locate
Weir. Contact was made with the Garda and the secretariat of the Inquiry into
the Dublin and Monaghan bombings without positive result.
24. The Serious Crime Review Team ("SCRT") was established in March 2004, with
responsibilities including the review of all historical murders by way of case
assessment for evidential and investigative opportunities. A preliminary case
assessment was carried out by a detective chief inspector, who audited all known
information and documentation.
25. In light of the preliminary assessment, the case was referred to the
Historical Enquiry Team (“HET”). On 28 April 2006, a Senior Investigating
Officer reported on the further review; a number of potential lines of inquiry
were identified and recommendations made, including that the HET should
extensively interview Weir. This recommendation was approved. The HET director
of Investigations, Detective Chief Superintendent James of the London
Metropolitan Police Force, took over personal supervision of the investigation
which has progressed through the first three of five stages of the HET process
(collection of all relevant material; assessment of the investigations to date;
review of evidence, with intelligence and open and non-police sources, together
with a meeting with the families of the victims of the attack). As a number of
investigative opportunities were identified and to be followed up, the case was
to continue to be processed by HET, which had been put in touch with Weir by the
Centre. The Government submitted that if any evidence of police involvement in
the murders was found, the Office of the Police Ombudsman for Northern Ireland
would then become involved. The Government have provided recent information that
Weir finally agreed to meet with the HET in Dublin; he refused, however, to make
a written statement or to give evidence in court.
26. There has been contact between the police and family members, their
solicitors or the Centre. In particular, there were meetings on 21 January 2000
with Chief Superintendent McCann; on 19 December 2001 with Detective Inspector
Aiken and in November 2002 with Detective Inspector Williamson; and in June and
August 2004 with the Chief Constable; members of HET met with families or their
representatives on 5 April and 3 May 2006; and there has also been extensive
correspondence with the families or their representatives.
D. Application for judicial review concerning the inadequacy of the
cited above (§§ 39-41).
E. Reports of the Independent Commissions of Inquiry (Republic of Ireland)
cited above (§§ 42-49).
I. ALLEGED VIOLATION OF ARTICLE 2 OF THE CONVENTION
27. The applicant complained that the United Kingdom had failed to provide an
effective official investigation into the circumstances of her sons' death after
allegations were made in 1999 by John Weir as to RUC involvement, invoking
Article 2 of the Convention which provides:
“1. Everyone's right to life shall be protected by law. No one shall be
deprived of his life intentionally save in the execution of a sentence of a
court following his conviction of a crime for which this penalty is provided by
2. Deprivation of life shall not be regarded as inflicted in contravention of
this article when it results from the use of force which is no more than
(a) in defence of any person from unlawful violence;
(b) in order to effect a lawful arrest or to prevent the escape of a person
(c) in action lawfully taken for the purpose of quelling a riot or
A. The parties' submissions
28. The parties' submissions repeat those made in the
(cited above, §§ 54-59, 60-64).
B. The Court's assessment
29. The Court refers to its statement of principles and analysis as set out in
(cited above, §§ 65-81). For the same reasons it concludes that the
investigative response to Weir's allegations lacked the requisite independence
in its early stages when under the control of the RUC. There has been, in that
respect alone, a violation of Article 2 of the Convention.
II. ALLEGED VIOLATION OF ARTICLE 13 OF THE CONVENTION
30. In view of its findings above, the Court finds that it is not necessary to
examine separately the complaint under this Article.
III. APPLICATION OF ARTICLE 41 OF THE CONVENTION
31. Article 41 of the Convention provides:
“If the Court finds that there has been a violation of the Convention or the
Protocols thereto, and if the internal law of the High Contracting Party
concerned allows only partial reparation to be made, the Court shall, if
necessary, afford just satisfaction to the injured party.”
32. The applicant claimed non-pecuniary damage for the suffering and distress
caused by the State's failure to conduct an effective official investigation
into the circumstances of her sons' deaths.
33. The Government submitted that even if there was a breach of the procedural
obligation it would not be appropriate to apply the same scale as in cases of
procedural breaches in the immediate aftermath of death. They considered a
finding of a violation should be held in itself to constitute just satisfaction.
Alternatively, any award should be modest.
34. The Court has found that the national authorities failed in their
obligation to provide a properly independent investigative response in the
initial stages following the allegations made by John Weir concerning the deaths
of the applicant's sons. In the circumstances, it considers that the applicant
sustained some non-pecuniary damage which is not sufficiently compensated by the
finding of a violation of the Convention. Making an assessment on an equitable
basis, the Court awards the sum of EUR 5,000.
B. Costs and expenses
35. The applicant claimed GBP 7,358.97 for solicitors' costs, inclusive of
value added tax (VAT) for this application.
36. The Government submitted that the overall solicitors' charging rate (with
an uplift of 50% for care and conduct) was excessive, and half the amount was
appropriate. The overall hours claimed were also excessive given that similar
issues arose in the four other cases considered at the same time. They proposed
no more than GBP 20,000 for solicitors' costs in total for all four cases
37. The Court recalls that only legal costs and expenses found to have been
actually and necessarily incurred and which are reasonable as to quantum are
recoverable under Article 41 of the Convention (see, among other authorities,
Nikolova v. Bulgaria
[GC], no. 31195/96, 25 March 1999, § 79, and Smith and Grady v. the United Kingdom (just
satisfaction), nos. 33985/96 and 33986/96, § 28, ECHR 2000-IX).
38. The Court has already awarded EUR 29,000 for solicitors' costs in the
(§ 92). Having regard to the fact that only the initial presentation of facts in
this case required separate treatment from the lead application, it awards the
applicant EUR 5,000, which figure is inclusive of VAT.
C. Default interest
39. The Court considers it appropriate that the default interest should be
based on the marginal lending rate of the European Central Bank, to which should
be added three percentage points.
FOR THESE REASONS, THE COURT UNANIMOUSLY
1. Holds that
there has been a violation of Article 2 of the Convention due to the lack of
independence of the RUC during the initial stages of the investigation begun in
2. Holds that
it is not necessary to examine separately the applicant's complaint under
Article 13 of the Convention;
(a) that the respondent State is to pay the applicant, within three months from
the date on which the judgment becomes final in accordance with Article 44 § 2
of the Convention, the following amounts to be converted into pounds sterling at
the rate applicable at the date of settlement together with any tax that may be
(i) in respect of non-pecuniary damage, EUR 5,000
(five thousand euros);
(ii) in respect of costs and expenses, EUR 5,000
(five thousand euros);
(b) that from the expiry of the above-mentioned three months until settlement
simple interest shall be payable on the above amounts at a rate equal to the
marginal lending rate of the European Central Bank during the default period
plus three percentage points;
the remainder of the applicant's claim for just satisfaction.
Done in English, and notified in writing on 27 November 2007, pursuant to Rule
77 §§ 2 and 3 of the Rules of Court.
T.L. Early Josep