International Human Rights Committee
Reports Frustration Over Northern Ireland’s Failure
To Implement Criminal Justice System Reforms

The Committee on International Human Rights of the Association of the Bar of the City of New York, which has been monitoring adherence to international human rights standards in Northern Ireland, undertook a third mission in May 2003 to evaluate the country's ongoing efforts to reform its criminal justice system. The report is available on the Association's website at: ((www.nycbar.org))

"We were pleased with the remarkable progress made in many aspects of Northern Ireland society, but dismayed that agreed reforms in the criminal justice system have not yet been implemented," said Sam Scott Miller, chair of the Association's Committee on International Human Rights. "The Office of the Director of Public Prosecutions, for example, is only now initiating the process of creating its successor agency, the Public Prosecution Service."

The Committee was troubled by the government's failure to implement important judgments of the European Court of Human Rights that directly impact Northern Ireland's criminal justice system. The European Court has criticized the prosecution service and other criminal justice agencies in recent cases, finding violations of the right to life because of the government's failure to properly investigate the state's use of lethal force. As most of these cases stem from incidents that occurred in the 1970s, the European Court was concerned about delays in investigation and prosecution. Since the judgments, the government has not reinvestigated any of the cases or enacted legislation to address the shortfalls signaled in the decisions.

Another concern is the lack of progress in resolving the cases of the murders of Patrick Finucane and Rosemary Nelson. Both solicitors represented defendants arrested under Northern Ireland's emergency laws, and both their cases involve allegations that members of the security forces assisted in their murders. In January 2004, a judge appointed to review the evidence of collusion in the Finucane and Nelson cases made clear that he had recommended public inquires into both cases three months earlier. The U.K. government has yet to act on the recommendations. "We are deeply frustrated with these delays and continue to call on the government to establish immediate public inquires," Miller said.

The Committee's recommendations follow:

RECOMMENDATIONS OF COMMITTEE ON
INTERNATIONAL HUMAN RIGHTS REGARDING NORTHERN IRELAND:

Criminal Justice Reform Process

• Regarding devolution, local control over criminal justice and policing is a laudable and obtainable goal. We take no position on the best institutional model, but believe that there should be public consultation on devolution options.

• The Justice Bill 2003 should be amended to require criminal justice agencies to have due regard to international human rights standards, as promised in the Implementation Plan 2003, and to codify the powers and duties of the Justice Oversight Commissioner.

The Prosecution Function

• We support the creation of the Public Prosecution Service, and measures that will require the PPS to prosecute all crimes. The timetable of reforms, however, should be accelerated.

• The Office of the DPP should maintain a higher level of transparency during the reform process via regular reports, timetables, and a website.

• The Northern Ireland Human Rights Commission monitor should participate in the human rights training of prosecutors.

• The Office of the DPP should ensure that new hires are reflective of society in Northern Ireland.

• Concerning the DPP's giving of reasons in controversial cases, we believe that the presumption should be shifted toward giving reasons for not prosecuting and that the Office of the DPP should clarify its policy in this regard.

The Police and Police Ombudsman

• We are heartened by the reforms made to the policing service; the establishment of the PSNI, the Policing Board and the Police Ombudsman; human rights training of officers and the publication of a police code of ethics that relies on the European Convention on Human Rights; and the closing of special detention facilities.

• We were discouraged, however, to hear complaints about police treatment of residents of working-class areas, as well as reports that Catholics who join the PSNI have been intimidated by members of dissident republican groups.

• All police misconduct (including non-criminal conduct subject to disciplinary action) should be referred to the Police Ombudsman to ensure independent scrutiny of the evidence. Sufficient resources should be allocated to the office to support the resulting increased caseload and to handle investigations into past cases which were recently reinstigated.

• While we were relieved to learn that harassment of lawyers was less of a concern for defense lawyers today than in the past, even the small number of lawyers who are still subject to intimidation is unsettling.

• The Police Ombudsman's office should maintain consistent communication with complainants, police officers, and their representatives regarding pending cases.

Emergency Powers and Interrogation

• Although pleased that Diplock Courts - non-jury, single-judge trials - are now infrequently utilized, we repeat our past calls that they be eliminated.

• The emergency measures now codified in the Terrorism Act 2000 are unnecessary and should be revoked. The Act significantly widens the definition of terrorism, and in a special section relating only to Northern Ireland, extends the use of non-jury Diplock Courts and the authority to conduct warrantless arrests and searches and seizures. In addition, the Act allows for 48-hour detentions without access to counsel.

• The Northern Ireland Office should publish clear statistics on past and present use of Diplock Courts.

The Law Society and Bar Council

• Members of the Law Society and Bar Council should play an even stronger role on issues such as judicial appointments, reform of the prosecution system and police service, support of the Police Ombudsman, and greater regard for human rights in Northern Ireland.

• We call upon the Law Society and the Bar Council to propose measures to address unsolved deaths from the violent years of the conflict, in order to help bring a sense of justice and closure to these many unsolved cases.

• We welcome the increasing number of women in the legal profession, but would like to see more women and people from other underrepresented communities become Queen's Counsel.

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