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
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