RUC harassment of solicitors ``ongoing''
Cumaraswamy speaks out
By Mary Maguire
The author of the UN report into RUC harassment of
solicitors has said that the practises described in the
report are ongoing. ``I have had further reports of
harassment and this proves that things have not
changed,'' he said.
Distinguished Malaysian jurist Dato' Param Cumaraswamy,
Special UN Rapporteur on the independence of judges and
lawyers, found the RUC guilty of ``intimidation,
hindrance, harassment or improper interference'' against
defence solicitors.
The report pays specific attention to the circumstances
surrounding the murder of Belfast solicitor Pat
Finucane, reiterating the need to fully investigate
allegations of Crown force collusion. The report
highlights the comments of British Minister Douglas
Hogg, threats by the RUC as well as the role of British
agent Brian Nelson. It recommends restoration of the
right to jury trials, restoration of the right to
silence and the installation of video and audio
recording equipment in interrogation centres as ``a
matter of urgency''.
Cumaraswamy has spoken to reporters about the RUC
welcome during his fact-finding mission last October.
``When I first visited the RUC, I was told that Pat
Finucane's murder was one out of many. But it wasn't.
This murder had a chilling effect and encouraged some
lawyers to go as far as abandoning the defence of such
[political] cases''. He added: ``When I got back to the
RUC Chief Constable after a few days [during which he
gathered evidence], he seemed surprised that I had all
this information. He refused to answer my questions on
the grounds that he was not involved at the time''.
Talking about the Stevens' Inquiry, Cumaraswamy said:
``something is lying there... I was asked to direct my
questions to John Stevens. But my questions were
obviously of such great concern to him that he refused
to answer''.
Speaking of the RUC interrogation methods at
Castlereagh and Gough, he added: ``There is a clear
pattern in the interrogation methods. Their nature, but
specially their tone leads to believe that the officers
are coached and trained to carry out interrogations in
such a way''.
He said he had advised the British government about the
recent threats made on the lives of several solicitors,
particularly Rosemary Nelson from Lurgan. ``I expect the
government to have taken good note of this and to have
offered whatever security she may require...I appeal to
anyone who has had reports or been victim of such
behaviour to immediately report it to me. If solicitors
experience such problems, we will rush to their aid''.
Cumaraswamy said he would ``keep on pushing'' for an
immediate inquiry into Pat Finucane's murder and would
``put the matter to the government'' as much as required.
``I don't think that they have understood what I want
with the opening of a judicial inquiry,'' he said. ``I
want to know if there was collusion between the
loyalist paramilitaries and the security forces. I
think we have to give them a little time. I trust the
British to uphold a judicial system which they have
been talking to the world about for so many years...''
The refusal by the British government to open an
immediate independent public inquiries into the murder
of Pat Finucane and allegations of RUC intimidation of
solicitors was made public hours after the report was
presented in Geneva to the Human Rights annual
Commission on 1 April. It did not come as a surprise.
The heads of the British delegation did not even
consider it necessary to sit in at the Commission
during Cumaraswamy's presentation. Two very young
British interns, who are said to have refused to answer
journalists' questions, dismissing them as
``unreasonable'', were left sitting alone behind the
Crown delegation's desk.
But the British government released a so-called
``substantiated answer'' to human rights activists hours
before Cumaraswamy made his speech.
``We would ask to be provided with the specific details
on which the allegations are made,'' the statement said.
In regard to access to lawyers, the government stated
that ``access was rarely deferred,'' clearly challenging
Mr. Cumaraswamy's findings, which were based on
interviews with solicitors as well as prison and
interrogation staff. Closed visits are justified by
saying that ``the policy provides for open visits in
exceptional circumstances.
Pat Finucane's murder is not a ``matter of urgent public
importance''. The document states: ``The information [on
Bloody Sunday] given to the government last year raised
sufficient concern to justify an inquiry. This is not
the case with the murder of Mr Finucane''.
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