Thompson family wins judicial review
6 March, 2003 --
The family of a Derry mother who was shot dead by British
soldiers in 1971 has welcomed a High Court decision to grant
them a judicial review into her killing.
Kathleen Thompson was shot as she stood in the garden of her
home in the Creggan estate in Derry on 6 November 1971. In
1980, nearly ten years after her death, her family received
a cheque for £84.07p in "compensation".
Kathleen's family and friends are adamant there was never a
proper investigation into her killing, and three years ago
they approached the Pat Finucane Centre to ask for their
support in persuing the case.
Since then, the family and their representatives have been
given "the runaround" in their repeated attempts to view an
RUC file alleged to contain details on the police
investigation into the killing. In spite of assurances of
its existence, the PSNI have yet to produce it.
The Thompson family was originally told them that no such
file could be found, but hours before a televison program on
the killing was due to be broadcast, the file myseteriously
turned up. It then immediately "disappeared" again.
In October of 2002, the Thompson family, accompanied by
representatives of the Pat Finucane Center, met with PSNI
officers in the Strand Road Barracks in Derry and were
assured that the file did indeed exist. They were also
promised it would be disclosed to them a few days later.
When the Thompsons returned to the barracks on the
prearranged date and time, the file was once again
unavailable, and the family walked out in disgust.
On 18 February of this year, British Minister for Victims,
Des Browne, stated that a full police investigation had, in
fact, been carried out into Kathleen's death.
Solicitors acting on behalf of the family lodged a judicial
review in the High Court, arguing that the British
Sectretary Of State was under an obligation to carry out an
Article two investigation as required by the European
Convention of Human Rights and the Human Rights Act. Last
week, the High Court issued its decision, ruling that there
had been no effective investigation into the killing.
Although the British Secretary of State is expected to
appeal the judgement, campaigners believe the decision marks
a turning point that will have major implications for
victims of state violence.
One of Kathleen's daughters, Minty Thompson, said she was
"overjoyed" at the ruling.
Peter Madden, solicitor for the Thompson family said: "We
launched these proceedings on behalf of the family after the
Pat Finucane Centre and the Spotlight programme highlighted
that the RUC/PSNI were unable to even trace the police
investigation file into Mrs Thompson's death.
"It was clear to us that rather than investigate properly
themselves how Mrs Thompson was killed, the RUC simply
accepted what the soldiers' lawyers said happened, even
after it became apparent that one soldier had admitted
firing shots, suggesting that he was responsible for Mrs
Thompson's death.
"Today's judgement reinforces the judgement of the Court of
Appeal last month, for the family of Gervaise McKerr, that
victims of state violence were denied any effective
investigation into their deaths.
"The Secretary Of State must now act to provide all families
with the Article Two complaint investigations they have been
denied."
|
