142 Europe and Central Asia Summary of Amnesty International’s Concerns in the Region, January – June 2007 retrospective effect, and therefore that there was no obligation in domestic law on the government to carry out a new investigation into the death of Gervaise McKerr, since this had preceded the entry into force of the HRA. According to the information that the UK government provided to the Committee of Ministers during its latest examination of the case, the case of Gervaise McKerr had been referred to OPONI, to “identify possible further evidentiary opportunities and […] look into the original police investigation conducted”. It has been reported that OPONI would be given access to evidence gathered by the Stalker/Sampson inquiry, and would consider whether there were grounds for launching a new investigation into this case. However, concern remained about whether, and if so to what extent, OPONI would be able to secure an effective investigation. Patrick Kelly and others (update to AI Index: EUR 45/024/2001) In 1987, during a planned ambush, members of the Special Air Service (SAS), a unit of the UK armed forces, shot and killed a group of eight IRA members – Patrick Kelly, Declan Arthurs, Seamus Donnelly, Michael Gormley, Eugene Kelly, James Lynagh, Patrick McKearney and Gerard O’Callaghan – who were reportedly about to attack an RUC barracks in Loughgall, County Armagh, Northern Ireland. A ninth man, Anthony Hughes, a passer-by who was not a member of the IRA, was also killed by the SAS after he was allowed to drive his car into the area of the attack. The deaths of these individuals are among 3,000 cases which were being reviewed by the Historical Enquiries Team (HET) of the PSNI. The HET was set up in 2005, with a view to investigating unresolved conflictrelated deaths. According to the information that the UK government provided to the Committee of Ministers during its latest examination of the case, “the review process is currently underway. Progress depends on evidential leads, and it is Amnesty International therefore impossible to assess at this stage when a final conclusion will be reached”. However, families of the victims continued to be concerned about whether, and if so to what extent, the HET would be able to guarantee effective investigations. AI too remained concerned that, despite its lack of independence, it was the PSNI that was continuing to investigate unresolved conflict-related deaths. Patrick Shanaghan (update to AI Index: EUR 45/010/2001) In 1991, Patrick Shanaghan was shot dead while driving to work in County Tyrone. The Ulster Freedom Fighters, a Loyalist paramilitary group, claimed responsibility. Patrick Shanaghan had been an active member of Republican political party Sinn Féin, and the RUC reportedly suspected him of being a member of the IRA. It was reported that Patrick Shanaghan had been harassed repeatedly by the RUC prior to his death, and there were allegations of RUC collusion in his killing. At the inquest into his death, the coroner agreed to admit evidence that police officers had threatened Patrick Shanaghan’s life while he was under arrest on earlier occasions, and that they had threatened to leak his name to a paramilitary group. The High Court of Northern Ireland later quashed the coroner’s rulings. According to the information that the UK government provided to the Committee of Ministers during its latest examination of the case, “the Shanaghan case […] falls within the terms of reference of the HET, since the perpetrator of the shooting was never identified. The HET are currently reviewing this case to assess if any new evidential opportunities exist.” Dermot McShane (update to AI Index: EUR 45/005/2002) Dermot McShane was fatally injured in 1996, in the course of a major public disturbance in London/Derry. The ECtHR found, among other things, that the AI Index: EUR 01/010/2007