Congress reviews RUC abuses
By Greg O'Loughlin and Cari Zall
Washington, DC
The United States House of Representatives Subcommittee on
International Operations and Human Rights held a roundtable
discussion concerning the Report on the Mission of the United
Nations Special Rapporteur on the Independence of Judges and
Lawyers, on Tuesday 29 September. Mr Param Cumaraswamy, the
Special Rapporteur, submitted his report to the committee. Prior
to this discussion, the subcommittee has held two hearings on the
status of human rights in the north of Ireland, as well as a
fact-finding peace mission to Belfast in August of 1997.
Congressman Chris Smith, the Chairman of the Subcommittee, was
the first to speak, and displayed a great deal of insight into
the topic. He stated that while there is hope for greater change
for the freedom of solicitors in the Good Friday Agreement, ``the
response thus far to the Rapporteur's report by the British
Government is frankly disappointing.'' He commended Mr Cumaraswamy
for such a well documented and detailed account of his findings,
and then turned the floor over to him.
Mr Cumaraswamy testified that as early as 1992 his office began
receiving reports of harassment and threats to defence lawyers in
the north of Ireland. He said of the 1700 lawyers that make up
the society, thirty have complained of harassment from the RUC.
He observed that the thirty solicitors who did register
complaints were treated like they were second class by the rest
of the society, whereas in civil societies these solicitors who
demonstrate such courage are supported in their actions.
He also received a number of reports indicating security forces
involvement in Pat Finucane's murder. The report of his
investigation last year focuses at length on the abuses of
defence attorneys by the RUC, and makes specific recommendations
on rectifying the situation. When the chief constable of the RUC
was asked about complaints by lawyers of harassment, Mr.
Cumaraswamy found total indifference on the part of Ronnie
Flanagan.
As to the murder of Pat Finucane, Mr Cumaraswamy indicated that
he had not asked for a new investigation into who murdered the
well known attorney in 1989, but rather specifically asked for
answers as to the government and security forces' involvement in
the killing. The British government remains unwilling to set up
an independent investigation into the matter.
The Chairman of the International Relations Committee (the
committee that supervises the work of the Human Rights
Subcommittee), Benjamin Gilman, a long time supporter of human
rights in the north of Ireland, was also very involved in the
discussions. Chairman Gilman stated that in light of Mr
Cumaraswamy's report, ``the need for an acceptable policing force
in the north of Ireland could not be clearer.''
Also on the panel were a number of special witnesses who were
asked to attend in order to better inform the rest of the
members. The main submission to the panel was given by Peter
Madden, Pat Finucane's partner. Peter described the evidence of
collusion in the Pat Finucane murder, as well as the effect this
collusion has on the rest of society. Included in his evidence
were threats made at Pat Finucane, coming from the RUC and
British government minister Douglas Hogg.
Peter Madden, former law partner of Pat Finucane, related how Mr
Finucane had been systematically threatened by the RUC and that
three weeks before he was gunned down, British MP Douglas Hogg
had stated that there were a number of solicitors who were unduly
sympathetic to the IRA. ``Pat Finucane's family want to know what
is the link between the RUC death threats, Hogg's statement,
which he refused to elaborate upon,, and the true role of Brian
Nelson. They also want to know how he could have been shot with a
British army pistol.'' Threats to lawyers in the six counties
continue to this day, Mr Madden reported.
The testimony of Rosemary Nelson, a solicitor who practices in
Lurgan, made a particularly strong impression on the Committee
Members. She gave a chilling account of her experiences of
harassment by the RUC. She described death threats, verbal abuse,
and even an account of physical abuse that she received while
representing the Garvahy Road residents. She stated that
``although complaints against the RUC are supervised by the
Independent Commission for Police Complaints, the complaints
themselves are investigated by RUC officers.'' Chairman Gilman
responded by saying that it sounded to him like ``sending a fox in
to guard the chickens.''
Paul Mageean, from the Committee on the Administration of
Justice, Belfast also gave his support for Mr Cumaraswamy's
report, and called for the United States government to put
pressure on the British government to not enforce the recently
passed draconian emergency legislation.
Also in attendance were Martin Finucane, Pat Finucane's Brother,
and Michael Finucane, Pat Finucane's son.
While in Washington, the witnesses at the hearing, as well as
Martin Finucane of the Pat Finucane Centre, Michael Finucane and
Jane Winters of British Irish Rights Watch, also met with members
of the Lawyers Committee for Human Rights, the Under Secretary of
State for Human Rights, the National Security Council and other
members of the international legal community. Miscarriage of
justice cases were specifically addressed, and continued support
for the UN Special Rapporteur's conclusions with regard to the
RUC and intimidation of lawyers was gained during the meetings.
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