Europe and Central Asia
Summary of Amnesty International’s Concerns in the Region, January-June 2007
investigation into his death had not been
independent, and that it had not been
conducted promptly. It also found a number
of shortcomings in the procedure for
coroners’ inquests in Northern Ireland, and
concluded that UK authorities had hindered
the application which Dermot McShane’s
wife had made to the ECtHR, since the RUC
had complained to the Law Society of
Northern Ireland about her solicitor – a
complaint which was dismissed. The Court
found that this complaint had had a chilling
effect on Mrs McShane’s right to petition
the Court.
An inquest into his death was opened in
May 1998 but adjourned pending the
outcome
of
various
judicial
review
proceedings. According to the latest
information provided by the UK government
to the Committee of Ministers, “a full-time
coroner has now been assigned to this
inquest […]. He is now in the process of
attempting to obtain further video footage
of the incidents surrounding the death of Mr
McShane as well as additional statements.
[…] This case will also be reassessed by the
HET.”
Billy Wright (update to AI Index: EUR
01/001/2007)
In December 2006, the High Court of
Northern Ireland gave judgment in the
judicial review brought by David Wright,
Billy Wright’s father, challenging the 2005
decision by the Secretary of State for
Northern Ireland to convert the inquiry into
Billy Wright’s death (the Billy Wright Inquiry)
from one held under the Prison Act
(Northern Ireland) 1953 (the Prison Act) to
one under the Inquiries Act 2005 (the
Inquiries Act). David Wright had objected to
the conversion in particular because he was
concerned that the power of the Secretary
of State to terminate inquiries under the
Inquiries Act (under section 14) would limit
the inquiry’s independence.
AI had opposed the conversion, in light of
its concerns about the Inquiries Act (see AI
Index: EUR 45/004/2006). As a result of
these concerns, and in light of the
Amnesty International
143
allegations of state collusion in the killing of
Billy Wright, AI had jointly intervened in the
challenge brought by David Wright.
The High Court judge had concluded that,
while he would not “proceed to consider
whether the sections of the Inquiries Act
2005 are incompatible with the European
Convention on Human Rights”, given that
the death of Billy Wright had preceded the
entry into force of the HRA, the conversion
decision had been unlawful, because the
Secretary of State had not taken into
account that an inquiry, once converted,
would be less independent than one held
under the Prison Act.
In June, the Court of Appeal of Northern
Ireland reversed the ruling of the High
Court,
holding
that
the
inquiry’s
independence had not been compromised
by the existence of the Secretary of State’s
power to terminate it. The Court of Appeal
also held that a power to terminate an
inquiry set up under the Prison Act must
have existed, by necessary implication, and
that such a power must have been at least
as extensive as that in the Inquiries Act.
In December 2006, it had emerged that
more than 800 Northern Ireland Prison
Service files relevant to the Billy Wright
Inquiry had been destroyed.
Patrick Finucane (update to AI Index:
EUR 01/007/2006)
Since the early 1990s, AI has called for a
public judicial inquiry into the killing of
human rights lawyer Patrick Finucane, who
was shot dead in February 1989 by Loyalist
paramilitaries in front of his wife and
children in Belfast, Northern Ireland.
Substantial and credible allegations have
emerged of state collusion in the killing
(see AI Index: EUR 45/004/2006 ).
In 2003, the Stevens III team published a
summary of its investigation into these
allegations. It found evidence of state
collusion in the murder of Patrick Finucane
and in another murder, that of Brian Adam
Lambert. It also confirmed the existence of
a secret military intelligence unit known as
AI Index: EUR 01/010/2007
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