Human Rights – Page 10 – Slugger O'Toole

Now it’s the PSNI in the dock. Chaos over the past deepens as political deadlock over Haas agenda continues

Brian Walker on June 3, 2014, 7:39 pm

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At last the clash has come between accountability and transparency and “national security” over dealing with the past. After the unhappy period of Al Hutchinson we have a Police Ombudsman in the assertive tradition of Nuala O’Loan. Michael Maguire who was also Hutchinson’s successor as Police Oversight Commissioner probably knows where quite few bodies are buried (figuratively of course) and is an altogether steelier figure. NI’s chief constable is being taken to court over claims he obstructed Police Ombudsman investigations into …

For race and community relations, fundamentalism has no answers

Brian Walker on June 2, 2014, 1:32 pm

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The present race row reminds me of a story from the bad old days. To give the camera crews a decent sequence of the Saturday matinee in Derry, a very tall black squaddie used to sprint down Chamberlain St and run the gamut of stones, bricks and bottles from the freedom fighters. Back safe he turned to the cameramen. “There, told you,” he said, breathless but beaming. “The problem of this place isn’t Catholic and Protestant. It’s race!” Black humour …

After the elections and the pastor, unionists will have to ditch bigotry to survive

Brian Walker on May 31, 2014, 12:34 pm

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“I would still trust them to go down to the shops for me and give me the right change.” The horribly condescending bigotry of Peter Robinson’s puzzling intervention in the row of over his friend the pastor recalls the atavism of “to hell with the future and long live the past” that leaves unionism with few friends and precious little defence. Witness the spreading clamour against him which his friends will claim is only an excuse to bash poor Peter. Certainly …

The British goverment must set a better example before the case for an amnesty is properly heard

Brian Walker on May 28, 2014, 12:20 pm

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Adrian Guelke a South African a Queen’s academic and a leading authority on post-conflict resolution joins the growing list of reputable figures calling for an amnesty. He criticises the two governments for lack of involvement (although the unfortunate Eamon Gilmore can’t be faulted for trying almost right up to the moment of his resignation as Labour leader) Extracts. An unfortunate sequence of events has unfolded that has the potential to threaten the peace, including the failure of the Haass talks, histrionics …

Compensation for inquest delays underlines the need for dealing with the past

Brian Walker on May 21, 2014, 12:13 pm

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Yesterday’s landmark compensation awards of £7500 each to the families of six men killed by the security forces means that the logjam of inquests is beginning to cost the state money – money the justice system says it hasn’t got and never will have, to pay for optimum legal accountability for the Troubles. As the Guardian reports: The high court in Belfast ruled on Tuesday that the damages were awarded due to the “frustration, distress and anxiety” suffered by the …

Call for an Amnesty referendum faces parties and governments with the big decisions

Brian Walker on May 12, 2014, 1:55 pm

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Sir Des Rea the first chair of the Policing Board and Robin Masefield the former head of the Prison Service are people of conscience and great experience. They are no ivory tower observers. Prompted it seems by the risks to stability threatened by the Adams interrogation, in very flat language they make public their fundamental proposal that cuts the Gordian knot of humbug and misplaced principle over the availability of justice . It is what much if not most of the professional establishment …

Abortion turndown is a constitutional issue

Brian Walker on May 9, 2014, 10:41 am

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The ruling in the English High Court against free abortions for Northern Ireland women in England comes as no surprise. Have campaigners legally examined the situation in Scotland? This now seems like a case for the Supreme Court where the issue would be: Are devolution powers superior to UK equal citizens’ rights? An aspect of the judge’s comments intrigued me: He ruled that Health Secretary Jeremy Hunt’s duty to promote a comprehensive health service in England “is a duty in relation to the physical and mental …

Dealing with the past. Inquiries are over. The politicians must come clean. It’s time to stop paying lip service to victims.

Brian Walker on April 30, 2014, 5:51 pm

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You can’t say she’s not even handed . Theresa Villiers will not allow case reviews or inquiries into the Ballymurphy massacre and the la Mon atrocity. She says sorry to the victims but it’s not in the public interest. That’s it. It’s about time the penny dropped. After the de Silva review which exposed a long catalogue of collusion, there will be no further inquiries or reviews in the lifetime of this coalition government. Mrs Finucane will continue legal process as far …

Mr Justice Treacy: “It is evident that ACC Kerr was labouring under a material misapprehension as to the proper scope of police powers…”

Pete Baker on April 28, 2014, 10:09 pm

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The Chief Constable, Matt Baggott, has reportedly said that the police will appeal the High Court decision allowing “an application for a judicial review of the PSNI’s policing of the flag protests in Belfast between 8 December 2012 and 14 February 2013.” From the reported ruling Mr Justice Treacy was less than impressed by Assistant Chief Constable Will Kerr’s interpretation of the legal position. As the summary of the judgment notes [added emphasis] The Court heard evidence from [Assistant] Chief Constable Will …

OFMDFM: “open and transparent…” – redux

Pete Baker on March 29, 2014, 4:44 pm

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Via The Irish News. As UUP leader Mike Nesbitt says, “We’re not North Korea…” [Thankfully… – Ed] ANYhoo… The UUP leader has welcomed a recent (27 March) decision by the Information Commissioner (not yet online) that the Northern Ireland First and deputy First Ministers were wrong to refuse to release the results of market research, that they had commissioned, into the proposed Peace Building and Conflict Resolution Centre (PbCRC) at the site of the old Maze Prison. From the UUP press …

More than ever, the “crisis” shows the need to face up honestly to the end of Troubles prosecutions

Brian Walker on February 27, 2014, 11:40 am

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Fair enough. There are genuine grounds for shock and anger but there is a good deal of grandstanding too. The pity of it is, the growing recognition among unionists of the case for limited immunity tied to truth recovery will be set back. Taking the optimistic view (somebody has to), the full extent of de facto amnesty will emerge a lot more clearly and can no longer be denied. The pretence should end, that “ justice” is attainable were it …

United Ireland’s struggle against gay rights wins RTE damages

Brian Walker on February 4, 2014, 6:45 pm

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Is it defamatory to accuse opponents of same sex marriage of homophobia? Or are they fairly exercising their consciences in declining to recognise equality with heterosexuals? Irish Times columnists are on opposite sides of an argument which is part of the Republic’s slow emergence into the modern era. Sadly though the columnists haven’t gone head to head over it yet; let’s hope they do. The issue arose when John Waters and Breda O’Brien, both Irish Times columnists as it …

“So in a sense, these resignations were expected.”

Pete Baker on January 8, 2014, 1:57 pm

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In the absence of agreement between the political parties on what happens next, the continuing uncertainty about what new arrangements will be put in place to deal with the past is having, what should have been, an anticipated effect. As the BBC report, “HET: Four officers leave specialist police team“. BBC Northern Ireland Home Affairs Correspondent Vincent Kearney said a question mark hangs over the future of the HET following the inspection report. He said the four officers who left had been …

Haass – Larkin unrepentant, Allister is on the attack, but where oh where is the DUP critique?

Brian Walker on January 3, 2014, 5:47 pm

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Now hold on, the fat lady hasn’t sung yet. Inevitably most early reaction to Haaas is about the overall political verdict without going much into detail. And you know how we can’t be bothered to go into detail if we can stick it into them instead. But hush! Jim Allister QC has spoken. People tend to overawed by Jim’s legal expertise. But lawyers are advocates – even when they’re not self -interested politicians – and so should be taken with …

Kevin Conway murder: “Local Sinn Fein Councillor John O’Dowd was under no illusions…”

Pete Baker on December 19, 2013, 5:29 pm

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Arrested in a hotel in Birmingham on Monday, following “a review of the original murder investigation by detectives attached to Serious Crime Branch”, a 45-year-old man from Lurgan, Gary Marshall, has been charged at Craigavon court, and released on bail, for the murder of Kevin Conway in 1998. The News Letter report notes Marshall, from Ennis Green in Lurgan, is accused of murdering 30-year-old Kevin Conway on a date unknown between February 16-19, 1998. Having been kidnapped from his Lurgan home, the …

On dealing with the past, a hard sell on immunity should not rule out cooperation with historians.

Brian Walker on December 19, 2013, 1:44 am

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I’ve belatedly come across a Queen’s Blog which is the submission legal academics Professor Kieran McEvoy Dr Louise Mallinder Prof Gordon Anthony and Luke Moffett have presented to Haass. It’s a hard sell of a powerful case but with a couple of flaws I’ll come to later. I would have blogged about this in preference to my previous post had I seen it in time. In essence it updates the McEvoy account of how immunity from prosecution has often featured in our …

“The parties were told not to bring in any phones or other communication devices, nor to leave with any copies of the draft.”

Pete Baker on December 16, 2013, 11:48 pm

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Richard Haass’ attempt to ensure confidentiality during the on-going talks between the five Northern Ireland Executive parties – on the past, parades, and flags – failed to survive first contact with Sinn Féin. Today the Haass team presented their first, complete, draft proposals to the parties. The BBC report notes his latest attempt at ensuring confidentiality. While the parties examined the proposals at Stormont, talks chairman Dr Haass had travelled to London to meet the Northern Ireland Secretary Theresa Villiers and …

Dealing with the Past. The lawyers must join John Larkin in speaking out

Brian Walker on November 21, 2013, 2:58 pm

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The first thing to remember about John Larkin is that he’s an advocate. Barristers make ingenious cases whether they believe in them or not. In 2002, he was the Peter Robinson’s counsel before the law lords arguing – unsuccessfully as it happens – that the election of the FMDFM was legally invalid after the Alliance party temporarily changed designation and arguably saved the Assembly and perhaps the Agreement. It was a good thing that Larkin lost and he might well …

Human Rights Political Policing PSNI Brutality

John Ó Néill on November 20, 2013, 4:17 pm

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The Parades Commission has given its determination on the ‘Loyal Peaceful Protestors’ march on 30th November through Belfast city centre. The purpose of the parade is given on the application as ‘Human Rights Political Policing PSNI Brutality’ and the date is to coincide with anniversary of the designated days vote in Belfast city council (which is actually on the Tuesday after). Having received an application to bring 10,000 marchers and 40 bands through the city centres main streets from 1 …

“The fact of the matter is that somebody ordered that Jean McConville be murdered…”

Pete Baker on November 7, 2013, 12:17 am

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The BBC reported that, following the broadcast of the recent BBC/RTÉ programme on The Disappeared, the Northern Ireland Deputy First Minister, Sinn Féin’s Martin McGuinness said The fact that some families still do not know where their murdered relatives were secretly buried by the IRA is a “wound that must not be left to fester” [But whose wound, Martin? – Ed] And on what body… The quote continues, “I understand that these killings happened decades ago and those involved may …