British government not yet complying with European Convention on Human Rights: de Brún

17 May, 2006

Sinn Féin MEP Bairbre de Brún has said that the British government is not yet complying with the European Convention on Human Rights and Fundamental Freedoms (ECHR) and has urged the Committee of Ministers of the Council of Europe to ensure that effective measures are undertaken to ensure full compliance.

 

 

Ms de Brún made her comments after it emerged that an NIO delegation will travel to Strasbourg to argue that they are now complying with the Article 2 ruling which obliges them to conduct prompt, transparent and effective investigations into state killings.

 

 

Speaking from Strasbourg Ms de Brún said:

 

 

 

“Sinn Féin has consistently highlighted the ineffectiveness and inadequacy of official investigative mechanisms into killings involving state or semi-state agents. This has contributed to the strongly held view that the British state in Ireland operates a policy of providing impunity to state actors while denying truth and justice to victims of state and state sponsored violence.

 

 

“We welcomed the May 2001 European Court ruling on controversial state killings, including the killing of Sinn Féin member Patrick Shanaghan who was killed by loyalists. We had hoped that the ruling would underline and substantiate the need for change within the criminal justice system, creating Article 2 compliant processes in line with international standards on human rights.

 

 

 

“However, the British Government has not availed of the opportunities arising from the ruling to effect change but rather has sought to introduce cosmetic change only.

 

 

 

  • The office of the Public Prosecution Service, formerly the DPP, remains unaccountable for its decision making process regarding non-prosecutions in cases where prima-facie evidence exists.

     

 

 

  • Up to forty inquests into controversial state killings have been delayed, in some cases for more than ten years.

     

 

 

  • The Inquiries Act has been introduced to protect state interests and to suppress information that might emerge regarding the killing of human rights lawyer Pat Finucane in 1989.

     

 

 

  • The office of the Police Ombudsman has not been granted the legislative authority, or adequate resources to conduct effective investigations into the conduct of police officers.

     

 

 

  • The Historical Enquiries Team (HET) fails to meet the requirements of Article 2 in so far as it is subject to the PSNI, the NIO and the former RUC Chief Constable Sir Ronnie Flanagan in his capacity as a member of Her Majesty’s Inspector of Constabulary.

     

 

 

“The British Government’s intention is to continue to use its sovereignty as a shield, preventing the establishment of full rights to all citizens within its jurisdiction around a number of fundamental freedoms, and in particular Article 2.

 

 

 

“It is nonsense for the British Government to claim that the office of the Police Ombudsman, the Public Prosecution Service, the Historical Enquiries Team, or the Independent Assessor for Military Complaints, fulfil their Article 2 obligations.

 

 

 

“We urge the Committee of Ministers to ensure that effective measures are undertaken, in line with the international obligations, to ensure full compliance with the convention in respect of Article 2.” ENDS