European Court of Human Rights case on
assassinations
03 September 2009 --
THE families of two IRA Volunteers killed in a
shoot-to-kill operation over 20 years ago are taking their
case to the European Court of Human Rights. Martin McCaughey
and Dessie Grew were shot dead by the British undercore
soldiers in Loughgall, County Armagh, in October 1990.
No attempt was made to arrest either man despite the fact
that both were unarmed. Dessie Grew was shot 48 times and
Martin McCaughey 12 times close to a farm building near
Lislasley. It later emerged that an IRA arms dump within the
building had been under surveillance and the RUC had prior
intelligence that the two men were due to visit. Over two
decades later, inquests into the deaths have yet to be held.
Since their deaths, the victims’ families have mounted a
series of legal challenges around the RUC’s failure to
investigate the killings and the refusal to hand over
intelligence documents.
In 2001, the European Court of Human Rights (ECHR) ruled
that the deaths of ten other republicans had not been
properly investigated. In 2007, the ECHR further ruled
allegations of collusion had also not been properly
investigated.
Shortly afterwards, British law lords conceded that all
police intelligence files relating to the killing of Grew
and McCaughey should be disclosed to the coroner to allow
the inquests to take place.
LACKED INDEPENDENCE
Speaking on behalf of the families, Fearghal Shiels, of
solicitors Madden and Finucane, said papers had been lodged
with the European Court.
“The families contend that the state has clearly breached
its legal obligations to conduct an effective official
investigation into the deaths of Martin McCaughey and Dessie
Grew.”
The solicitor said the RUC officers who investigated the
killings lacked the requisite degree of independence from
the undercover soldiers involved in the killings.
“No attempt was made to challenge the excessive force used,
involving the firing of at least 72 rounds and in
circumstances where one of the men was shot twice on the
ground as he was dying or was already dead,” said Shiels.
“There was clearly no meaningful attempt made by the RUC to
explore the credibility of the accounts provided, failing
even to re-interview the soldiers in light of significant
discrepancies.”
ONE OF A SERIES
The shooting was one of a series of ‘shoot-to-kill’
operations by the SAS in which unarmed IRA Volunteers from
Tyrone were summarily executed. In 1983, two unarmed
Volunteers died in a hail of 50 bullets, fired without
warning, as they arrived to check an arms dump in the
Derrylaughlin area.
In 1984, the SAS were lying in wait as an unarmed IRA
Volunteer crossed fields at Ardboe. He was wounded in the
legs but died from a single shot to the head. Witnesses
reported a burst of sustained fire followed by a single
shot. At the inquest a British soldier admitted shooting a
man already wounded and lying in the grass.
In 1985, three IRA Volunteers died in a SAS ambush in
Strabane. The Volunteers were returning weapons, already
broken down and sealed in plastic bags, to an arms dump.
In 1987, eight IRA Volunteers were ambushed in Loughgall.
All eight were killed together with a civilian, Anthony
Hughes, who was trapped within the SAS killing zone.
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