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Conference tallis::celt

Title:Celt Notefile
Moderator:TALLIS::DARCY
Created:Wed Feb 19 1986
Last Modified:Tue Jun 03 1997
Last Successful Update:Fri Jun 06 1997
Number of topics:1632
Total number of notes:20523

992.0. "Fergal Caraher Shooting" by TALLIS::DARCY () Tue Jan 21 1992 17:54

  *** REPRINTED WITHOUT PERMISSION FROM BOSTON GLOBE 10/24/91 ***
        by Kevin Cullen
 
 
   Essex County Attorney Kevin M. Burke, one of five
international lawyers who presided over an unofficial inquiry
into the shootings of two brothers in Northern Ireland, has
determined there is enough evidence to bring murder charges
against the British soldiers who shot them.
 
   Burke was one of two Americans on the five-member panel
appointed by a group of human rights lawyers to investigate
the Dec. 30, 1990, shootings of Fergal Caraher, who was killed,
and Michael Caraher, who was seriously wounded.
 
   The [British] army had initially said the Carahers were shot
because they had sped through a security checkpoint and knocked
down a soldier, but witnesses disputed that account. Many who
dispute the army account believe the brothers were shot because
Fergal Caraher was a member of Sinn Fein, the political party
that supports the Irish Republican Army.
 
   In his 35-page decision, the first to be rendered, burke not
only recommended that the three British Royal Marines who shot
the Carahers be indicted for murder, but also said the vague and
often contradictory laws and rulings put forth by the British
Government and Northern Irish courts have created an atmosphere
in which deadly force is used too frequently against civilians.
 
   "Why does the [British] government accept the police and army
standards for the use of deadly force, yet refuse to make the
necessary statutory changes to make the law and policy
consistent?" Burke asked.
 
   Burke also blamed judges and prosecutors for creating and
perpetuating a confusing body of law on the use of deadly force.
 
   "The effect of this statutory and case law is to vest
virtually unchecked discretion in the officer to decide whether
to use deadly force 'in the circumstances.' Furthermore, there is
no statement that recognizes the risk of not using deadly force
must outweigh the certain harm to the target of the officers
weapon. The law regarding the use of deadly force by police and
soldiers not only fails to provide protection to ordinary
citizens but may, in fact, jeopardize their lives and safety,"
his decision states.
 
   Although Burke's findings and those of French, German, and
English civil rights lawyers who presided over th inquiry are not
binding, they are expected to put additional pressure on those
conducting the official investigation into the shootings.
 
   A spokesman for the Northern Ireland Office, which administers
British governmnet policy, said there would be no comment on the
activities of the groups that organized the two-day hearing last
June in which Burke sat as a judge. Privately, some government
officials have complained that some of those taking part in the
inquiry are political enemies of Britian. 
 
   In a recent interview, Peter Brooke, the British secretary of
state for Northern Ireland, said he wanted to allow the official
investigation to take its natural course.
   Burke, however, said the failure of authorities to give an
explanation nearly a year after the shootings illustrates how the
Northern Irish justice system undermines its own credibility.
 
   "I've done literally hundreds of homicide investigations, and
there's just no need for an investigation like this to take this
long."
                         [End of article]

T.RTitleUserPersonal
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992.1DELNI::CULBERTFree Michael CulbertWed Jan 22 1992 11:0419
    
    I think this is, situation normal.  
    
    Quoted from A/I pamphlet "name withheld"  Case #3
    
    "Brian Maguire was also shop steward, being a representative of the
    Technical and Supervisory Section of the A.U.E.W. Whilst in custody he
    died by hanging.  A common interrogation technique at Castlereagh is to
    perform a mock hanging, suspending a victim by a blanket knotted around
    the throat until they pass out.  Inevitably a death was bound to
    result.  At the time there was an outburst of anger by both the
    nationalist community and by concerned trade unionists, representatives
    of Maguire's trade union, and later on, the full I.C.T.U. conference
    called for a public enquiry.  There has, as yet, been no inquest into
    his death."  
    
    This was written 2 1/2 years after his death.  
    
    Oh well like I said, situation normal.
992.2also normalMACNAS::JMAGUIRET�g go bog �Thu Jan 23 1992 03:596
    Amnesty International recently stated that the IRA will also come under
    their scrutiny. Kneecapping, punishment beatings, abduction followed by
    torture followed by a bullet in the back of the head and the body being
    dumped on the side of the road -- these too are "situation normal."
    
    Jimmy
992.3WMOIS::CHAPLAIN_FTempus Omnia VincitThu Jan 23 1992 06:546
    
     And the UVF, Jimmy?  Did Amnesty mention they'd be monitoring them as
    well?  
    
    Frank
    
992.4I believe so...MACNAS::JMAGUIRET�g go bog �Thu Jan 23 1992 07:3622
    RE: UVF
    
    I'm not sure. As far as I can recall, Amnesty said that they would be
    looking at the activites of other organizations in the North, not just
    the British Army & the RUC. They would highlight the punishment
    beatings and the kangaroo courts that are carried out by the
    paramilitaries. The IRA happen to be the ones who do this most often.
    
    The British Army and the RUC in the North have come in for a lot of
    criticism for incidents such as the Caragher shootings. As the
    upholders of justice, they must abide by the law and not be above the
    law. Justice must be done and be seen to be done. Where they
    transgress, they should be punished and procedures put in place to see
    that this does not happen again.
    
    The criticism they get for such incidents is right and proper. However,
    to balance things out, it must be said that the IRA are certainly no
    angels. They have abducted people, tortured them, forced them to
    "confess" to "crimes", shot them and then dumped their bodies on the
    side of the road. Then they (the IRA) scream about justice...
    
    Jimmy   
992.5WMOIS::CHAPLAIN_FTempus Omnia VincitThu Jan 23 1992 08:2012
    
     Yes Jimmy, but the paramilitaries are already illegal and their
    activities justly condemned.  The British Army and RUC are the legal 
    arm of government and as such must subject themselves to the same
    law they seek to enforce.
    
     It just strikes me as futile for Amnesty to monitor organizations
    who answer only to themselves for their actions rather than a demo-
    cratically elected government.
    
    Frank
    
992.6The British Consul speaksTALLIS::DARCYTue Jan 28 1992 17:4548
    A letter to the editor in the Boston Globe from the British
    Consul General in Boston explaining the British view on the
    Fergal Caraher case.  The Consul also explains why Diplock
    Courts are necessary.                
    
    ----------------------------------------------------------------

    Boston Globe - 1/24/92
    
    Northern Ireland: Where terrorism threatens justice

    In response to Frank Costello's Jan. 8 column, "Britain's abuses," I am
    writing to clarify some misconceptions which may be left with the
    readers.

    In reference to the Fergal Caraher case, an investigation (overseen by
    the Independent Commission for Police Complaints) has been carried out
    and its results forwarded to the director of public persecutions.  The
    director has requested more information, after the receipt of which he
    will recommend whethere the case should be prosecuted.  In the past,
    such cases led to prosecutions and convictions.

    The greatest threat to the administration of justice and human rights
    in Northern Ireland comes from terrorist groups.  In citing figures, it
    is important to note that since 1969 more than 3,000 people have been
    killed, with thousands more injured, by outlawed sectarian groups.  The
    prevention of such senseless acts is the key role of the Royal Ulster
    Constabulary in Northern Ireland.  The British government condemns the
    acts of outlawed Protestant groups as strongly as it does those of the
    IRA and IPLO.  It will not be provoked into being lowererd to their
    level.

    The British government's aim is to preserve a legitimate system of
    justice.  Under the Emergency Powers Act, jury trials take place for
    all but terrorist crimes;  the absence of juries for the latter was the
    result of death threats and violent acts against members of juries.  The
    acts of terrorist groups, not the British government, have brought this
    to pass.

    The British government will continue to work with those who want to
    build something positive in Northern Ireland, and it welcomes
    opportunities to work with those of like mind on both sides of the
    Atlantic.

    JOHN OWEN
    British Consul General
    Boston
    
992.7Two to be chargedMACNAS::JMAGUIRET�g go bog �Mon Feb 03 1992 06:532
    Two British soldiers are to be charged with the murder of Fergal
    Caragher and the attempted murder of his brother.