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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

1008.0. "Amnesty International, United Kingdom Human Rights Concerns" by EPIK::HOLOHAN () Tue Feb 25 1992 14:08

          Amnesty International
          United Kingdom Human Rights Concerns June 1991

Section 5:  Collusion between security forces and armed groups

In September 1989 evidence emerged that in Northern Ireland, security
intelligence files on Republican suspects had been handed over by
members of the security forces to Loyalist armed groups, who had
allegedly used the files in some cases to target individuals and kill
them.  These files had in the past been widely distributed to police and
soldiers for identification purposes.  They included pictures, names,
addresses, car registration numbers and sometimes other details about
the suspects' movements.

The information emerged after the Loyalist armed group,  the Ulster
Volunterr Force (UVF), killed Loughlin Maginn in August, saying that he
was a liaison officer of the Irish Republican Army (IRA).  When the
family challenged the veracity of this claim, the UVF said that they had
obtained their information from police files.  Loughlin Maginn's
solictor said he had documented the harassment of his client by the RUC
including death threats and regular photographing.

Security documents concerning suspects were subsequently found to be
missing from the Dunmurry RUC station in Belfast and the Ballykinlar
Ulser Defence Regiment (UDR) base in County Down.  In response, the
Chief constable of the RUC appointed John Stevens, the Deputy Chief
Constable of Cambridgeshire, to investigate the sources of these security
leaks.  This investigation commenced on 14 September 1989.  By the end
of September John Stevens had a 19-person team to assist his inquiry.
The Stevens inquiry was not supervised by the Independent Commission for
Police Complaints(ICPC).

From the middle of September to the middle of October there was a steady
stream of security documents being sent to newspapers and politicians,
some by members of the security forces and some by members of the
Loyalist groups.  By the end of September lists containing over 250
names had been leaked to the media.

Many people whose names appeared on the lists complained that they were
not immediately notified by the police, and that they were not told what
exact information may be in the hands of the Loyalist armed groups.

On 2 October 1989 the Irish News stated that it had received information
concerning the existence of an "Inner Circle" within the RUC which was
"pledged to eradicating republican terrorism, and to bringing down the
Anglo-Irish Agreement".  It claimed to have members in 36 our of the 37
RUC subdivisions in Northern Ireland.  The Inner Circle reportedly had
close links with the Ulster Resisistance Movement, a Loyalist group.
The journalist alleged that he had been shown very detailed files on 233
suspects.  The Chief Constable dismissed the existence of such an inside
grouping as "arrant nonsense" but said that the Stevens inquiry would
investigate the allegation.

There were a number of arrests in connection with the inquiry, mainly of
members of the Ulster Defence Association and the Ulster Defence
Regiment (UDR, a regiment of the British Army).  On one particular
occasion it was alleged that the targets of a police raid were informed
of it days before, allowing them to escape arrest.

Three men, including two UDR soldiers, were charged with Loughlin
Maginn's murder.  Andrew Browne, one of the UDR soldiers, stated at the
bail hearing that he had passed on names of 14 suspects to the UDA, had
followed some of them and gathered information, and had passed on
ammunition.  He targeted Loughlin Maginn on six occasions while on duty
- going to his home to identify him, checking the car outside the home
and noting his movements.  This information was also given to the UDA.

Earlier in the year two members of the security forces had been given
18-month suspended sentences for passing confidential files and
photographs of IRA suspects to Loyalist organizations that carry out
sectarian killings.  One of them remained in the British Army.  Their
trial lasted 40 minutes - the Crown did not go into detail about what
the two had said during interrogation (that is, that they passed on
these documents knowing that they could be used for murder).  Of the
people whose names had been in the documents, Adrian McDaid's brother,
Terence, had been killed and Patrick Fitzpatrick had been seriously
wounded.  The Dublin-based Sunday Tribune on 5 November 1989 published a
long article, based on trial depositions which were not used in court.
The depositions showed the close and open nature of relationships
between a UDR member and UDA/UVF members.

In October 1989 the RUC announced that it had tightened up procedures
for signing out intelligence material.  Reforms of the UDR were also
announced, including new procedures for recruitment screening and for
handling security material.

The Stevens inquiry was completed in March 1990, and the findings of the
inquiry were submitted to the Chief Constable the following month.  A
summary of the report of the Stevens inquiry was released in May 1990
and set out many recommendations.  As a result of the inquiry, 59
people were charged or reported to the Director of Public Prosecutions.
Two UDR soldiers and one British soldier were charged with
responsibility for 59 of the 187 documents estimated to have gone
missing at the end of September.  The other offences included the
unlawful possesion of documents and communicating them to others without
authorizations;  firearms offences; and possessing documents, collecting
and recording security information.  The overwhelming majority of those
arrested were civilians (32 were members of Loyalist organizations),
including Brian Nelson, who was charged with having documents which
contained information about IRA suspects likely to be of use to
terrorists.  Reports that Brian Nelson had been both a British military
intelligence agent and the intelligence information officer for the
Ulster Defence Association (UDA), which has links with the UFF, gave
rise to claimis that the authorities had been aware for some years,
through him, of the extent of collusion between the security forces and
the UDA.  Charges were dropped in October 1990 against five UDA men.

The Stevens inquiry report noted that "in the present climate" in
Northern Ireland leaks of official security information " may never be
completely eliminated".  However, it stated that measures already taken
had reduced the opportunity for such leaks;  and that "the passing of
information had been restricted to a small number of individuals".  The
inquiry was limited in its scope and it had failed to identify members
of the security forces involved in passing on information to armed
Loyalist groups.

Amnesty International monitored these developments because it was
concerned that members of the security forces used their official status
to target suspected members of opposition groups for murder.  For the
security forces to have the confidence of the public, they have to be
seen to be impartial.  For the government to have the confidence of the
public, it has to be seen to ensure that its agents operate within the
law and are impartial.  For this reason, the Stevens inquiry would have
been very important if the scope had been wide enougth to look at the
issue of collusion as a whole; unfortunately the inquiry was limited to
leaks of security documents at the time and other issues which had come
up and been referrred to it.  It did not look at the evidence that
collusion had been going on for many years, and at what role the
authorities had played during this time, including bringing criminal
proceedings.  Nor did it look into how the authorities dealt with
allegations of partiality, for example, soldiers shouting verbal abuse
at Catholics or writing graffiti on walls.  Nor did it look into
allegations that RUC officers regularly drew detailed layouts of houses
during house searches.

Amnesty International was also concerned about allegations that the
security forces had targeted the lawyer Patrick Finucane, whose killing
was attributed to the UFF in Febuary 1989.  The weapon that killed him
belonged to the UDR and was stolen by a member of the UDR from Palace
Barracks in 1987, who had passed it on to the UFF.  The UDR member was
jailed for stealing weapons.  The weapon was later found during a house
raid in Belfast and identified through ballistics tests as the murder
weapon.  No one has been charged with the murder.  A year before his
death Amnesty International had heard form a former detaineee that
during interrogation a Castlereagh the police had said his lawyer,
Patrick Finucane, would be killed.  The organization had been told by
Patrick Finucane in the years preceding his death that police officers
often referred to him as an "IRA lawyer" and tried to dissuade detainees
from calling him.  Loyalist sources claimed that prior to the killing
UDA members detained at Castlereagh had been told by detectives that Mr.
Finucane and a few other solicitors were IRA members and implied that
they should be shot.  Although some of them were later arrested by the
Stevens team, apparently none of them had been questioned about these
allegations.  Furthermore it was reported that Brian Nelson,  the
alleged army and UDA intelligence officer questioned by the inquiry,
knew that Patrick Finucane would be shot, and indeed that he had been
involved in providing intelligence which led to the lawyer's killing.
The allegations about RUC collusion with Loyalist groups in the murder
were handed over to the Stevens inquiry to investigate.  A police
witeness told the inquest that allegations about threats made by the RUC
against Patrick Finucane to his clients had been investigated and there
was "overwhelming evidence and intelligence to show quite the contrary".

Allegations of a similar nature were made by people detained at the
Castelreagh in October 1990.  One person claimed that a detective said
his lawyere was a Provo, meaning an IRA member; and that threats were
made against himself and his lawyer.  The lawyer said that " it was part
of an ongoing process to scandalise solicitors acting on behalf of
arrested persons".
T.RTitleUserPersonal
Name
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1008.1Amnesty also to investigate IRA abusesMACNAS::TJOYCEWed Feb 26 1992 05:1115
    
    Amnesty International has done sterling work in Northern Ireland,
    and any effort to weed out from the security forces people who are 
    soft on the UDA should be supported.
    
    It is good to see that the UDR is to be totally professionalised
    and merged with a regular Irish regiment in the British army, the
    Royal Irish Rangers.
    
    As mentioned in the last note, Amnesty has been requested by some
    members of the Nationalist community to investigate human rights
    abuses by paramilitaries like the IRA and UDA. I am not
    sure what their response has been.
    
    Toby
1008.2EPIK::HOLOHANWed Feb 26 1992 10:1710
  re. .1
 "any effort to weed out from the security forces people
  who are soft on the UDA should be supported."

  Did you read the report Toby?  Is that what you call it,
  being soft on the UDA? These security forces people
  are not "soft" on the UDA, they conspire to commit murder
  with them.
                      Mark
1008.3Re:-1MACNAS::TJOYCEWed Feb 26 1992 10:215
    Re: -1
    
    I would go beyond just jailing people who conspire to commit murder
    but remove anyone who was not even-handed in the administration of
    justice.
1008.4Amnesty report targets human rights in search for North peaceGYRO::HOLOHANMon Jul 10 1995 14:1784
The Irish Times
July  6, 1995
Amnesty report targets human rights in search for North peace
By ANDY POLLAK


    AMNESTY International, in its 1995 report, has urged that "the protection of
human rights be placed centrally on the agenda in the search for a political
settlement in the context of the ceasefires in  Northern Ireland" .

   In the report, which covers the period from January to December 1994, the
international prisoners of conscience and human rights organisation repeats its
concern about several areas of abuse of justice in the North.
   It notes the concern of the European Committee for the Prevention of Torture,
following a 1993 visit, that "detainees held under emergency legislation ran a
significant risk of psychological ill-treatment and, on occasion, of physical
ill-treatment".

   The committee's report emphasises the need for further safeguards, such as
immediate access to a solicitor, legal assistance during interrogation, and the
possible electronic recording of interrogations.

   Amnesty International expresses concern about the British government's
failure to refer to a judicial authority for review the life imprisonment of
three men convicted of the murder of two British army corporals in
Andersonstown, Belfast, in 1988.

   It reiterates its "long-standing concerns about the ineffectiveness of
inquests dealing with disputed killings by the security forces, as well as the
government's intervention in particular cases to block the disclosure on crucial
evidence".

   Ireland, Finland and Belgium are the only European Union countries Amnesty
International does not single out for criticism.

   The director of its Irish section, Ms Mary Lawlor, said yesterday, however,
that Amnesty was very concerned about the non-appearance of promised legislation
to protect asylum-seekers and refugees, "people who would face imprisonment,
torture or death if they were forcibly returned to their country of origin".

   She said the group wanted such legislation to provide interpretative services
and legal access as well as an independent hearing for asylum-seekers.


                       ___________________



The Irish Times
July  5, 1995
Groups lobby UN on human rights in NI


    RELATIVES of people shot dead by the security forces in  Northern Ireland
are in Geneva this week to lobby the United Nations Commission on Human Rights
about alleged violations by Britain. The Commission is to review Britain's
record at a two-day formal hearing later this month as part of a regular
five-yearly review.

   Members of the Commission are meeting this week to prepare for the hearing on
July 20th and 21st and are being lobbied by a range of organisations and
individuals who want the Commission to question the British government about
particular alleged violations of international human rights conventions.

   Among the organisations is Liberty, the London-based civil liberties group,
Britain-Ireland Human Rights Watch, and the Campaign for the Right to Truth
(CRT), a group of relatives of persons killed by loyalists and the security
forces in  Northern Ireland.
   The CRT delegation includes Father Raymond Murray Ms Eilish McAnespie, whose
brother Aidan was shot dead by a British soldier as he was walking through a
Border checkpoint Mr Mark Thompson, whose brother was shot dead by British
undercover soldiers in 1990 and Mr Martin Finucane, whose solicitor, brother,
Patrick, was murdered" by loyalists allegedly assisted by a British agent, in
February 1988.

   Mr Finucane said yesterday he wants the UN Committee to ask the British
government why it refuses to hold an independent inquiry into his brother's
murder.

   He is also anxious that the committee investigate the British government's
refusal to hold an independent inquiry into the shooting dead of 14 unarmed
civilians in Derry on Bloody-Sunday.

1008.5CBHVAX::CBHLager LoutMon Jul 10 1995 14:528
May I suggest that it would be a good idea if you were to post a
paraphrased version of the articles in question rather than the
entire unabridged version, possibly with a reference to the original
should anyone feel the need to check it out in its entirety?

Just a thought.

Chris.
1008.6GYRO::HOLOHANMon Jul 10 1995 16:236
re. .5

  Why certainly.
  For those whom 84 lines of text may seem daunting.
  "Amnesty International is concerned about continued British efforts to
   violate human rights".
1008.7CBHVAX::CBHLager LoutMon Jul 10 1995 16:487
>  "Amnesty International is concerned about continued British efforts to
>   violate human rights".

or a further abbreviation, "AI worries about human rights."  Er, perhaps
a bit too concise... :)

Chris.
1008.8HLDE01::STRETCH_MTue Jul 11 1995 05:079
    What are the previous few notes about? I'm quite happy to have the
    opportunity to read these reports in this conference. I mean your not
    going to see it on the BBC news. I know that it is embarrassing for us 
    British to be bombarded by this kind of stuff (even when we already
    agree with the sentiment). But I accept that the Amnesty 
    International reports posted here are accurate.
    
    rgds
    Mark 
1008.9CBHVAX::CBHLager LoutTue Jul 11 1995 05:194
I don't find the reports embarrasing, why should I?  I just pointed out
that I would prefer to read a paraphrased version.

Chris.
1008.10HLDE01::STRETCH_MTue Jul 11 1995 06:481
    Yeah well I wouldn't
1008.11CBHVAX::CBHLager LoutTue Jul 11 1995 09:328
>    Yeah well I wouldn't

fair enough, but I often don't have the time to wade through verbatim copies
in their entirety, so often don't bother to read them.  That's why I suggested
a summary with a pointer to the original document; or perhaps the originals
could be prefixed with a summary or comments by the contributor.

Chris.
1008.12TINCUP::AGUEDTN-592-4939, 719-598-3498(SSL)Tue Jul 11 1995 10:468
    I have to agree with Chris.  I suspect my politics lean towards those of
    Holohan's, but whenever I encounter one of his 100+ line posts, it gets
    next-seened everytime. 
    
    Perhaps the best compromise would be a paragraph summary followed by
    the article itself.
    
    -- Jim
1008.13APRN on latest Amnesty International report for 1995GYRO::HOLOHANFri Sep 22 1995 12:0376
An Phoblacht/Republican News
Sept. 15, 1995



                           Editorial
                       Deplorable record

     ONCE AGAIN the deplorable human rights record of the British
government, a signatory to the International Covenant on Civil
and Political Rights and the European Convention for the
Protection of Human Rights and Fundamental Freedoms has received
international condemnation. Following hard on the heels of
criticisms from the UN Human Rights Committee in July 1995,
Amnesty International have published a Summary of Human Rights
Concerns, in which they outline a number of human rights
violations.

     Half the report deals with the Six Counties. And while
highlighting some of the 358 killings by members of the crown
forces from 1969 to 1994, and the ill-treatment of detainees held
by the RUC, Amnesty are particularly concerned by the failure of
the British legal system "to bring the perpetrators of human
rights violations to justice".

     Amnesty has "identified a disturbing pattern which showed
that disputed killings were not being investigated fully and
impartially". The results of any investigations that did take
place were not made public, and "because very few prosecutions
are brought, it has become impossible for the families of the
deceased to discover the full circumstances of any disputed
killing".

     The Stalker case is taken by Amnesty as an example. The
attempt to discredit him, the subsequent failure to publish
Stalker's findings and bring the recommended prosecutions show
the failure of the present system.

     Given the lack of criminal charges brought against members
of the crown forces inquests have become increasingly important
as the only other legal avenue for relatives, to discover the
circumstances of a killing. However restrictions placed upon
coroners courts in the Six Counties mean that they fail in this
and do not satisfy "the requirements of the UN principles on the
Effective Prevention and Investigation of Extra-legal, Arbitary
and Summary Executions".

     Amnesty also condemned Britain's emergency legislation;
saying the violation of "the accused's right to a fair trial" and
fears about the ill-treatment of detainees are exacerbated with
the removal of the right to silence, and the denial of access to
a solicitor.

     Here once again the British government fails to comply with
international standards. Amnesty quotes the UN Rapporteur on
Torture who stated that "torture is most frequently practised
during incommunicado detention" and that "Incommunicado detention
should be made illegal".

     The report concludes saying, "Since the ceasefires were
declared there has not been any introduction of safeguards to
ensure the protection of human rights", to conform with
international standards. There have been no significant changes
in those laws which have led, and to continue to lead, to human
rights violations.

     "A lasting peace can only be maintained if it is based on
the understanding that there is a fundamental need to protect
human rights."

     In the midst of the controversy over decommissioning this
report has been largely ignored by the media but it speaks
volumes about the British government's true role in Ireland and
their lack of real engagement in the peace process.


1008.14http://www.io.org/amnesty/Overview.htmlGYRO::HOLOHANWed Oct 25 1995 12:32125
  Amnesty International is now online via the web.  Here is the report on
  northern Ireland (010195.EUR.txt).  Draw your own conclusions.
  In addition I recommend:

           http://www.io.org/amnesty/Europe94/450194.EUR.txt
           http://www.io.org/amnesty/Europe94/450294.EUR.txt
           http://www.io.org/amnesty/Europe94/010294.EUR.txt

       

                             Mark


(Extracts from 010195.EUR.txt)

Political killings in Northern Ireland

On 1 September the Irish Republican Army (IRA) declared a cessation of its
"military operations".  On 14 October the Combined Loyalist Military Command
declared a cessation of "all operation hostilities" by the Ulster Defence
Association (UDA) and the Ulster Volunteer Force (UVF). Amnesty International
urged that the protection of human rights be placed centrally on the agenda in
the search for a political settlement.
    Chief Constable John Stevens submitted his report to the Royal Ulster
Constabulary (RUC) Chief Constable in February; it was forwarded to the Northern
Ireland Director of Public Prosecutions in October. He had carried out a further
investigation into alleged collusion between the security forces and Loyalist
paramilitaries, including allegations about the killing of the lawyer Patrick
Finucane in 1989 (see AI Index: EUR 01/01/94). The findings and the report of
the inquiry had not been made public by the end of December.
    Allegations about the lack of equal protection by the RUC of the Catholic
community were highlighted by the killing of Paul Thompson on 27 April. He was
shot dead by UDA gunmen who had climbed through a hole in the "peaceline fence"
in West Belfast. Eight hours earlier a resident had informed both police and
government authorities that the fence had been broken.
    The trial of two soldiers charged with the murder of Peter McBride in 1992
took place in June; no verdict had been given by the end of the year.
    The inquests into the killings of six people, shot dead in 1982 by a
special anti-terrorist squad of the RUC, were closed in September by the coroner
collected by the Stalker/Sampson inquiry was "no longer achievable". The RUC and
the government, through the issuing of Public Interest Immunity certificates,
blocked the disclosure of the report of the Stalker/Sampson inquiry to the
inquest (see previous bulletins).
    The inquest in October into the deaths of John McNeill, Edward Hale and
Peter Thompson was unable to examine the full circumstances of the killings by
undercover soldiers in 1990 because of legal and government restrictions on
inquest procedures. An Amnesty International delegate observed the proceedings.
    The European Commission of Human Rights issued its decision in March in the
case of McCann, Farrell, and Savage v. UK (the three people killed by undercover
soldiers in Gibraltar in 1988). The Commission concluded, by 11 votes to six,
that "the deprivation of life resulted from the use of force that was no more
than `absolutely necessary'", and referred the case to the European Court of
Human Rights. Amnesty International submitted written comments to the Court.
    
Fair trial concerns
 
The Criminal Justice and Public Order Act became law in November. Under it,
courts can draw adverse inferences against defendants remaining silent during
interrogation and at trial in England and Wales, similar to Northern Ireland.
The Act also gave police new powers to stop and search and created criminal
sanctions against protestors, travellers, hunt saboteurs, "ravers" and
squatters.
    In June in the Murray v. UK case the European Commission of Human Rights
concluded that the applicant's rights to a fair trial and to legal assistance
had been violated by restrictions on his access to a lawyer (suspects
interrogated under emergency legislation in Northern Ireland can have access to
their lawyers deferred and lawyers are not allowed to attend interrogations).
It rejected the argument that adverse inferences drawn against the accused for
remaining silent during interrogation and at trial violated his right to a fair
trial. The Commission referred the case to the European Court of Human Rights.
    The trial, which began in November 1993 of the "Ballymurphy Seven" charged
with a bomb attack, finished in November 1994. Four of the defendants were
acquitted during the proceedings after the judge ruled that their confessions
were inadmissible. The judgment on three defendants had not been delivered by
the end of the year. An Amnesty International delegate attended part of the
proceedings.
    Four police officers, charged with attempting to pervert the course of
justice in connection with the conviction in 1986 of four Ulster Defence
Regiment (UDR) soldiers for murder, were acquitted in September. The judge ruled
that although interview notes had been rewritten, this did not necessarily mean
any crime had been committed. Scientific tests showed that the rewritten notes
omitted the word "solicitor" which appeared three times in the original draft.
James Hegan, one of the four originally convicted of the murder, claimed that
his repeated request for a solicitor had been refused.
    In a report published in June Sir John May concluded that the wrongful
convictions of the "Guildford Four" were due to individual failings by police
officers, prosecutors and lawyers and "not due to any specific weakness or
inherent fault in the criminal justice system". The inquiry was carried out
after the "Guildford Four" were released in 1989, having served 15 years'
imprisonment.   Two senior police officers, charged in connection with the
prosecutions of the "Tottenham Three", were acquitted in July. They had been
charged with conspiracy to pervert the course of justice after scientific
analysis showed that interview notes had been altered (see AI Index: EUR
01/03/92).

Allegations of ill-treatment

The report of an ad-hoc visit to Northern Ireland in July 1993 of the European
Committee for the Prevention of Torture (ECPT), and the government's reply, were
published in November. The ECPT report concluded that detainees held under
emergency legislation ran a significant risk of psychological forms of ill-
treatment and on occasion, of physical ill-treatment. It emphasized the need for
the introduction of further safeguards including immediate access to a
solicitor; legal assistance during interrogation; and the possible electronic
recording of interrogations.
    In January the Independent Commissioner for the Holding Centres, Sir Louis
Blom-Cooper, published his first annual report on the police interrogation
centres in Northern Ireland. The report was critical of some conditions at
Castlereagh; it concluded that "public confidence can be secured only if there
is in place a form of surveillance over, and a method of accountability for" the
conduct of detectives carrying out interrogations. 
    In July Amnesty International published a report entitled Cruel, inhuman
or degrading treatment during forcible deportation (AI Index: EUR 45/05/94)
which detailed allegations made by four deportees of ill-treatment by police
officers and private security guards. Unauthorized equipment was used to
restrain deportees, including mouth gags, adhesive tape and plastic straps. The
organization urged the government to investigate impartially the allegations
made. It also urged the government to set up an independent inquiry into the
accountability of all agencies involved in the deportation process and to create
a statutory authority to regulate the Immigration Service and private security
firms. The Prime Minister, John Major, wrote to Amnesty International in August
rejecting the need for an independent statutory authority, or an independent
inquiry.