AMNESTY INTERNATIONAL PRESS RELEASE, 16. September 2004
UK: Public inquiry must be held into Finucane killing
Joint Statement from Amnesty International, British Irish Rights Watch, the
Committee on the Administration of Justice and Human Rights First
16 September 2004
Four leading human rights organizations, who sent observers this week to the
trial of Kenneth Barrett, today called urgently on the UK government to
immediately implement Judge Peter Cory's recommendation for a public inquiry
into the 1989 murder of Belfast lawyer Patrick Finucane.
The conviction and sentencing today of Kenneth Barrett, a former loyalist
paramilitary, for the murder of Patrick Finucane has removed any purported
justification on the part of the authorities to further delay a public
inquiry.
"Our observers of the trial this week were able to confirm that Kenneth
Barrett's guilty plea led to no significant information being made public
during the court case; criminal proceedings have clearly been insufficient
in getting at the full truth of the Finucane case," a spokesman for the
four organizations said.
There must be no further delay in immediately proceeding to hold a public
inquiry into the allegations of state collusion into, and subsequent
cover-up of, Patrick Finucane's killing.
The four organizations who sent observers further noted Judge Cory's
finding that: "[t]his may be one of the rare situations where a public
inquiry will be of greater benefit to a community than prosecutions."
"Successive governments have aided and abetted the cover-up in this most
sinister of murders, which involved collusion by several agents and agencies
of the state, including the police and the army. The time has come to submit
the murder of Patrick Finucane to the independent scrutiny it demands. There
is no longer any excuse for prevarication, and we expect the Prime Minister
to announce a public inquiry immediately," a spokesman for the four
organizations said.
In the past, the Special Representative of the UN Secretary-General on
human rights defenders and the UN Special Rapporteur on the independence of
judges, as well as international and local human rights organizations,
including the International Federation of Human Rights, Human Rights Watch
and the Pat Finucane Centre have called on UK government to proceed to an
inquiry without delay.
The inquiry should focus on collusion by state agents with loyalist
paramilitaries in Patrick Finucane's killing, on reports that his death was
the result of state policy, and on allegations that different government
authorities played a part in the subsequent cover-up of collusion in his
killing.
Background
Patrick Finucane, an outspoken human rights lawyer, was shot 14 times in his
home in Belfast, Northern Ireland in 1989 by loyalist paramilitaries. His
was just one among a number of killings alleged to have been carried out
with the collusion of UK security forces.
In the aftermath of Patrick Finucane's killing, substantial and credible
allegations of state collusion began to emerge almost immediately. Since
then, prima facie evidence of criminal conduct by police and military
intelligence agents acting in collusion with loyalist paramilitaries in the
killing has emerged. In addition, allegations of a subsequent cover-up have
pointed to different government agencies and government authorities,
including the police, the British Army, MI5 (the UK Security Service,
officially "responsible for protecting the UK against threats to national
security") and the office of the Director of Public Prosecution in Northern
Ireland.
In May 2002, the UK and Irish governments appointed Justice Peter Cory - a
former Canadian Supreme Court Judge - to investigate a number of killings in
which government security forces were reported to be involved, including the
killing of Patrick Finucane.
Justice Cory submitted his reports in October 2003, but it was not until
six months later that the UK authorities finally published them,
simultaneously announcing the creation of public inquiries into three cases.
However, they refused to announce a public inquiry into Patrick Fincuane's
case despite Justice Cory's unequivocal conclusion that in his case "only a
public inquiry will suffice". Instead, the authorities have referred to
"set[ting] out the way ahead at the conclusion of prosecutions".
For further information contact:
Amnesty International (James Dyson, General Press Officer, 44 20 7 413 5831)
British Irish Rights Watch (Jane Winter, Director 44 208 7729161)
Committee on the Administration of Justice (Maggie Beirne, Director 44 7703
3486 949 or Maggs O'Conor, Legal Adviser 44 28 90961122)
Human Rights First (Fiona Doherty, Senior Associate 001-212-845-5260)