Republican News · Thursday 13 February 2003

Dublin urged to back families' demand for inquests

BY LAURA FRIEL

Sinn Féin has called upon the Irish government to oppose a set of proposals submitted by the British government in response to an earlier European Court of Human Rights ruling that the British had violated Article 2 in relation to the Right to Life.

The European Committee of Ministers is set to discuss a package of measures submitted by the British government in response to this ruling this week. Sinn Féin is calling on the Dublin government to intercede on behalf of the families of those killed.

"The Irish government has a duty of responsibility towards its citizens," Sinn Féin's Bairbre de Brún told a Belfast press conference.

The former Assembly minister said that she was calling on Foreign Minister Brian Cowen to ensure that his government makes it clear at the European Committee of Ministers that the package of measures offered by the British government is inadequate and unacceptable.

Sinn Féin is also calling on the Irish government to alert other European governments attending the meeting of its views.

"I am calling on Brian Cowen to ensure that the Irish government meets with the families following the February meeting of the Committee of Ministers to brief them on the contributions made by the Irish government at the meeting," said de Brún.

In a ruling in May 2001, the European Court found the British government in violation of Article 2 in the cases of Pearse Jordon, Gervaise McKerr, Patrick Shanaghan and Paddy Kelly and others killed at Loughgall. The Court criticised the British government for failing to carry out adequate investigations.

This month, the British government returned to Europe to address the findings armed with a package of measures described as "wholly inadequate" by de Brún.

Outlining the minimal requirements necessary to address the British government's breach of international standards, Sinn Féin has called on the British government to immediately implement legislation that would

• Allow inquest juries to reach a verdict
• Compel the Director of Public Prosecutions to give reasons in cases where the decision is taken not to prosecute
• Allow legal aid for inquests

Laws introduced by the British government specifically in relation to the conduct of inquests in the North of Ireland restrict the coroner's court to findings. Unlike England, coroner's courts in the north of Ireland are not allowed to reach a verdict.

"The British government must also start inquests promptly, particularly those that are presently outstanding," said de Brún.

A key element in this is a major lack of resources for coroners. This has been highlighted in relation to a number of inquests in County Tyrone. Another key element is an ongoing problem of disclosure of documents to the next of kin. This has been recently highlighted in relation to the killing of Roseanne Mallon.

Other outstanding issues of concern include those killings carried out by the British Army or those in which there is credible evidence of collusion but which may not be susceptible to investigation by the Police Ombudsman.

"The British government must also now reopen investigations in the cases that have been subject to the European Court judgement," said de Brun.

Bairbre de Brún was accompanied by Sinn Féin MP for Fermanagh and South Tyrone, Michelle Gildernew, by Hugh and Teresa Jordna, parents of Pearse Jordan, an unarmed IRA Volunteer shot dead by the RUC in West Belfast in 1992. Also attending was Martin Mallon, a nephew of Roseanne Mallon, a 76-year-old pensioner from County Tyrone shot dead by a loyalist death squad in 1994. Inquest procedures, in relation to both the Jordan and Mallon killings have yet to be completed.

"The biggest barrier to carrying out the inquest has been the British government's lack of cooperation," said Martin Mallon. "We have been to the coroner's court eight times but we still can't get disclosure of documents."

undercover British Army unit witnessed the Mallon killing but was ordered not to intervene. "Soldiers have already made statements admitting they were nearby when my aunt was murdered but they were ordered not to intervene. Why?" asked the victim's nephew.

Hugh Jordan said the families of those killed were depending on the 26-County government to challenge the package offered by the British. "Without their help we have very little faith as things stand of establishing the truth," he said.