Republican News · Thursday 30 May 2002

British government censured by European Court of Human Rights

McShane family vindicated

The Committee on the Administration of Justice (CAJ) has welcomed this week's finding of the European Court of Human Rights that Britain violated the right to life in the case of Dermot McShane.

McShane was killed in Derry in July 1996 during rioting, when a British Army vehicle drove over a piece of hoarding behind which he was sheltering. Rioting erupted in Derry after the British government beat nationalist protesters off the streets of Portadown to allow an Orange parade along the Garvaghy Road. At the time, nationalists accused the RUC of provoking young people in Derry City Centre, adding to the tension in the city.

The case was lodged by the Committee on the Administration of Justice on behalf of McShane's widow, Treasa, in October 1996.

In its judgement, issued on Tuesday morning, 28 May, the European Court criticised the British government for failing to properly investigate McShane's death. The Court awarded damages of £8,000 to Treasa McShane.

It highlighted a number of defects in the investigation of the death, finding that:

there was a lack of independence in the investigation;

the police investigation showed a lack of expedition;

the soldier who drove the vehicle could not be required to attend the inquest as a witness;

the inquest procedure did not allow any verdict or findings;

the non-disclosure of witness statements and other documents contributed to long adjournments;

the inquest proceedings had not commenced promptly.

In reaching its conclusions the Court described as "remarkable" the delay of five and a half months in questioning the driver of the army vehicle.

In addition to finding a violation of Article 2, which governs the right to life, the Court found that Britain took steps to hinder Mrs McShane's application. Accordingly the Court found that the United Kingdom had failed to comply with its obligations under Article 34 of the Convention. This relates to a complaint made by the police to the Law Society alleging that a solicitor made documents available for the applicant's case to the European Court. The Law Society dismissed the complaint as unfounded but the Court found that the states actions in bringing the complaint in the first place could have a "chilling effect" on applicants taking cases to the Court.

"This judgement is an important step forward in terms of protecting rights in Northern Ireland and indeed across Europe," said Paul Mageean, Legal Officer with CAJ. "It is a salutary reminder to government that, even in the midst of conflict, the state and its agents must act within the rule of law. It is particularly significant that the Court has censured the government's efforts to thwart the taking of this case."

Mageean added that the judgement would have significant implications for the inquest system and the way in which police investigate cases of alleged state killing. "This judgement must be followed by the courts in Northern Ireland," he said. "It vindicates those who have long argued that our system falls well short of European standards and the government needs to take immediate action to rectify that situation. In addition, the judgment obliges the government and the police to establish independent mechanisms to investigate alleged killings by the police or army."

CAJ also called on the government to immediately clarify what steps it intended to take to ensure that a proper investigation would now take place into the death of Dermot McShane.

McLaughlin welcomes ruling

Sinn Féin Foyle Assembly member Mitchel McLaughlin welcomed the European Court decision. "It is a vindication of the belief of Mrs McShane and the people of Derry that the British government had violated the right to life of Dermot McShane, who was callously killed by a British Army driver in Little James Street in July 1996," he said. "Eyewitness accounts point to the driver deliberating driving his vehicle at Dermot as he took cover from plastic bullets behind a piece of hoarding.

"As a first step, the British government should immediately announce what steps it intends to take to ensure that a proper and independent investigation would now be carried out into the death of Dermot McShane. It must also instigate a complete overhaul of the inquest system so that all of those families denied a proper investigation into the deaths of their loved ones can now have full and open inquests held."