Report to the Commission on Human Rights
March 2002 --
Below is the section referred to the UK Government from the
UN Special Rapporteurs Report to the Commission on Human Rights. E/CN.4/2002/72
page 57 United Kingdom of Great Britain and Northern Ireland Communications to
the Government.
190. On 20 February 2001, the Special Rapporteur sent an
urgent appeal concerning lawyer Padraigin Drinan, who had taken over some of the
cases of lawyer Rosemary Nelson who was killed by a car bomb in 1999 (see
E/CN.4/2001/65, paras. 222-226). Ms. Drinan, a person protected under the Key
Persons Protection Scheme (KPPS), had become concerned about a car abandoned
near her house. It was alleged that on several occasions she had requested the
Royal Ulster Constabulary (RUC) to investigate the car, but was informed that it
was a matter for the Belfast City Council. After she insisted, the RUC
investigated the matter and discovered that the car had been bought recently by
an unknown person. They informed her that the car would be removed within seven
days by the Belfast City Council.
191. On 6 June 2001, the Special Rapporteur sent a second
urgent appeal concerning Ms. Drinan. It was alleged that Ms. Drinan had been
informed by the Assistant Chief Constable of the RUC that her personal details,
including her home and work addresses and telephone numbers, had been found in
the computer of a person believed to have links to a loyalist paramilitary
organization. Ms. Drinan was simply informed to take precautions for her
personal safety.
192. On 13 December 2001 the Special Rapporteur sent a
communication expressing his concern over the murder of William Stobie, a key
witness in the 1989 murder of lawyer Patrick Finucane. In his communication he
said, inter alia: "It now appears that those responsible for the murder of
William Stobie may have connections with the Patrick Finucane murder and the
motive for the present murder may [have been] to prevent him from assisting any
inquiry". In view of the public interest in this development, he issued a press
release. Communications from the Government
193. On 17 April 2001 the Prime Minister, Tony Blair,
responded to the Special Rapporteur's letter of 11 September 2000 on the case of
Patrick Finucane (see E/CN.4/2001/65, para. 219). The Prime Minster reiterated
that the Government viewed this case and the allegations surrounding it with the
utmost seriousness and considered it essential that the truth be uncovered. The
Government believed the current Stevens investigation had a good prospect of
achieving this and must be allowed to take its course. The Prime Minister also
stated that whilst not legally precluded from establishing an independent
inquiry whilst the investigation continued, the Government believed that there
would be considerable overlap and that there was a significant risk of one
interfering with the other. This position would be kept under review and when
the investigation was complete the Government will consider what further steps
are necessary.
194. On 18 April 2001 the Special Rapporteur received a
detailed and comprehensive response from the Secretary of State for Northern
Ireland to his reports of 2000 (E/CN.4/2000/61) and 2001 (E/CN.4/2001/65). With
respect to the murder of Patrick Finucane, the Secretary of State reaffirmed the
statements expressed in the letter of the Prime Minister. The Government also
stated that it had taken unprecedented steps to ensure that a thorough and
transparent investigation is carried out into the murder of Rosemary Nelson. It
was the professional judgement of the officers responsible for the investigation
that the involvement of RUC officers was essential for its success, given the
need for local knowledge and intelligence. The Government further stated that it
firmly believed that the head of the investigation, Colin Port, was leading a
credible and effective investigation into the murder and into the separate
investigation of the collusion allegations. The officers investigating the
allegations of collusion were totally independent of the RUC.
195. With respect to the report of the investigation by
Commander Mulvihill into the RUC's handling of the complaints made by or on
behalf of Rosemary Nelson before her death, the Government stated that the
Special Rapporteur's request that the report be published had been forwarded to
the Chief Constable of the RUC.
196. The Government also informed the Special Rapporteur
that, in order to expand the range of safeguards for terrorism suspects, as of
19 February 2001 interviews with terrorist suspects in police stations in
Northern Ireland would be subject to video recording with sound. Further, a
revised code of practice had been issued and a new police code of practice
covering detention, treatment, questioning and identification had been issued.
This latter code provided for access to a solicitor.
197. On 25 April 2001, the Special Rapporteur received a
response to his urgent appeal of 20 February 2001. The Government stated that
officials in the Ministry of State for Northern Ireland had been contacted by
Ms. Drinan on this matter. The Ministry contacted the RUC Sub-Divisional
Commander who stated that the RUC had not identified anything sinister or
threatening in the car's abandonment outside Ms. Drinan's home and had therefore
left it for the Belfast city authorities to remove. On 8 May 2001 the Special
Rapporteur was informed by the Government of the outcome of the RUC report of
the incident concerning Ms. Drinan. The report confirmed that RUC officers had
investigated and confirmed there was nothing sinister about the vehicle. The
Chief Constable confirmed that, as was normal practice, the security factors,
which might have posed a threat to local residents, in particular Ms. Drinan,
were considered. No such threat was found to exist, so the abandoned vehicle was
reported to the local authorities.
198. On 18 July 2001, the Minister of State for Northern
Ireland replied to the second urgent appeal regarding Ms. Drinan. He was advised
that a person had been arrested and charged by the RUC in this matter, but that
the police were not aware of the specific purpose or use for which the
paramilitary organization had compiled the list and that inquiries were
continuing. There was no evidence that it represented a serious or significant
additional threat to Ms. Drinan's life, however. Her name was one of a large
number listed in the computer records seized. All those persons had been advised
by the RUC to take suitable precautions for their personal security. The Special
Rapporteur was informed that RUC officers had been in contact with Ms. Drinan
and had offered the services of the Crime Prevention Office to visit her home
and provide practical advice on improving her security, an offer she has
accepted. Moreover, the Northern Ireland Office (which had admitted Ms. Drinan
to the Key Persons Protection Scheme in February 2000) had asked the RUC to
undertake a general review of her security to facilitate a decision on whether
the level of physical protection available to her under the Scheme should be
enhanced.
199. On 8 November 2001 the Minister of State for Northern
Ireland informed the Special Rapporteur that Gough Barracks, the last of the
three holding centres, was closed down on 30 September. She added that terrorist
suspects would in future be held in new facilities in Lisburn police station.
This facility will be under the scrutiny of the Independent Commission for
detained terrorist suspects. Observations
200. The Special Rapporteur thanks the Government for its
responses. He continues to follow closely the investigations into the murders of
Rosemary Nelson and Patrick Finucane and the continuing harassment of some
defence lawyers in Northern Ireland.
201. The Special Rapporteur welcomes the enactment of the
right of solicitors to be present at the interrogations of suspects, including
those suspected of terrorism, by police. However, he remains concerned at the
continued practice of drawing negative inferences from silence by accused
persons.
202. The Special Rapporteur is concerned about the lack of
progress in the investigations into the murder of Patrick Finucane. At the time
of writing this report, the trial against William Stobie, who had been charged
with aiding and abetting the murder, had collapsed after the court returned a
verdict of not guilty because of lack of evidence. In his 2000 report
/CN.4/2000/61, para.317) the Special Rapporteur expressed doubts whether the DPP
would indeed eventually proceed with the prosecution of William Stobie. Mr.
Stobie has since been murdered removing what could have been a key witness to
the circumstances leading to the murder of Patrick Finucane. The Special
Rapporteur also regrets that no significant progress has been made in the
Rosemary Nelson investigation either, though there have been some arrests and
some charged for other murders. Following the August 2001 implementation
proposals of the Good Friday Agreement, the Special Rapporteur understands that
an international judge will be appointed to look into, inter alia, the Finucane
and Nelson murders, in order to decide whether there should be a public inquiry.
Though it may be considered a positive step, the Special Rapporteur fails to see
any merit in this proposal. After so many years of multiple investigations,
particularly in the Patrick Finucane murder, the resultant delays and the loss
of key witnesses, calling in an international judge to look into these
outstanding murder investigations would only result in further delays, expense
and public anguish. The Special Rapporteur reiterates his earlier calls for a
public judicial inquiry into the murders of Patrick Finucane and Rosemary
Nelson. If it is expedient, the same commission could inquire into the murders
of the others named in the list for inquiry by the international judge. The very
strong suspicions of collusion by the RUC and/or security forces in those
murders, particularly the Patrick Finucane and Rosemary Nelson murders, must be
thoroughly examined by an independent public judicial commission. In this
regard, the decision taken by the Northern Ireland Human Rights Commission to
call for an independent inquiry into the Patrick Finucane murder also should be
taken into consideration.
203. The Special Rapporteur notes some improvements in
police practices in Northern Ireland, particularly the practice of allowing
solicitors to remain present during interrogations of their clients and the
introduction of video and audio recording of police interrogation for those
arrested under the Terrorism Act 2000. He also welcomes the closure of all the
notorious holding centres.
204. The Special Rapporteur notes that the Police Service of
Northern Ireland has drafted a Force Order spelling out the professional basis
for the relationship between police officers and defence lawyers. This is a step
in the right direction, and he trusts that this document will be shared with the
Law Society and the Bar Council; otherwise the effectiveness of this effort will
be meaningless.
205. The Special Rapporteur also notes that although the
safety of defence lawyers in Northern Ireland has generally improved, there is a
small group of lawyers still at risk. The Special Rapporteur urges the competent
authorities, particularly the Police Service, to be vigilant and extend to them
the necessary security measures. In this regard the Special Rapporteur urges the
Law Society and the Bar Council to continue its vigilance in the defence of
these lawyers.
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