140
Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January – June 2007
the PSNI Chief Constable accepted
this recommendation, it was not
clear whether the police handlers of
those informers would also be
investigated. It was not known
whether
any
prosecutions
had
followed;
the poor standard of record keeping
by Special Branch was identified as
“a further significant obstacle to the
[OPONI’s] investigation”; “a number
of important documents were either
missing, lost or destroyed. …Some
material was destroyed routinely by
Special Branch who had no effective
systems for document retention”;
the majority of a number of retired
senior RUC/PSNI officers whose
cooperation the OPONI had sought
“failed even to reply”; and
other police officers “including some
serving
officers,
gave
evasive,
contradictory,
and
on
occasion
farcical answers to questions. On
occasion, those answers indicated
either
a
significant
failure
to
understand the law, or contempt for
the law. On other occasions the
investigation
demonstrated
conclusively that what an officer told
OPONI’s
investigators
was
completely untrue”.
In light of OPONI’s findings, AI called for
charges to be brought promptly against
people wherever there was evidence of a
recognizably criminal offence. AI reiterated
its long-standing concern over collusion
between the security forces in Northern
Ireland,
including
the
police,
and
paramilitary groups. AI also noted that
perpetrators of human rights abuses had
continued to enjoy impunity as a result of
the UK authorities’ failure to instigate
effective investigations.
UK’s compliance with judgments of the
European Court of Human Rights
In June, the Committee of Ministers of the
Council of Europe (the Committee of
Amnesty International
Ministers) adopted its second interim
resolution concerning the UK’s compliance
with a number of
judgments of the
European Court of Human Rights (ECtHR).
The cases in question were brought by the
families of individuals who had allegedly
been killed by, or with the collusion of, the
UK security forces in Northern Ireland (see
case updates below). The ECtHR had
unanimously held that the UK had violated
Article 2 of the ECHR, enshrining the right
to life, by failing to instigate adequate
investigations into these killings (see AI
Index:
EUR
45/010/2001;
EUR
45/005/2002; and EUR 45/016/2003).
The Committee of Ministers expressed
regret that, in all of the cases, “progress
has been limited”, and that “in none of the
cases [has] an effective investigation […]
been completed”. The resolution noted that
“the necessity of taking such measures is
all the more pressing in these cases,
considering the seriousness of the violations
found and the time that has elapsed since
the European Court’s judgments became
final”, and urged the UK to take “without
further delay, all necessary investigative
steps in these cases in order to achieve
concrete and visible progress”.
Pearse Jordan (update to AI Index EUR
45/010/2001)
Pearse Jordan, a member of the Irish
Republican Army (IRA), was shot dead in
1992 by the members of the RUC in
disputed circumstances. At the time of his
death he was unarmed.
A coroner’s inquest into his death opened in
1995. Since then the inquest has been
adjourned on several occasions because of
legal challenges to aspects of the inquest
procedure brought by Pearse Jordan’s
family.
In March, the Law Lords gave their decision
in the most recent of these challenges,
which concerned, among other things, the
verdicts which the jury in a coroner’s
inquest in Northern Ireland is able to
deliver. The Law Lords ruled that the
AI Index: EUR 01/010/2007
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