Monday, 30 June, 2003

• New dossier on Finucane raises DPP questions (1)

Tuesday, 1 July, 2003

• Human rights groups welcome European ruling on finucane case (2)

Wednesday, 2 July, 2003

• ECHR judgement - Finucane family press release (3)
• Justice at last — now an inquiry? (4)

Monday, 30 June, 2003

New dossier on Finucane raises DPP questions

By Jarlath Kearney, Irelandclick.com

A dossier presented to former South African president Nelson Mandela this week raises questions over a series of decisions made by the Director of Public Prosecutions in relation to the controversial murder of Belfast solicitor Pat Finucane.

Mr Mandela received the dossier after his colleague Cyril Ramaphosa met with the murdered solicitor’s family last Friday.

The meeting occurred after the former president was conferred with an honorary doctorate at the New University of Ireland in Galway last weekend.

The dossier – which has been obtained by the Andersonstown News – claims that answers are now needed from the office of the DPP.

“Alasdair Fraser, CB, QC, the Director of Public Prosecutions for Northern Ireland, has been in post throughout the period covered by this section of this report.

“He or his office have made a series of decisions that, in light of all the other information available, now require explanation,” says the dossier.

After the meeting with Cyril Ramaphosa and current South African ambassador Melanie Verwoerd, Michael Finucane expressed confidence that Mr Mandela will support the call for an international public inquiry into his father’s murder.

“My family and I are confident that Dr Mandela will support our call for a full, international public inquiry into the murder of Pat Finucane and we have asked that he communicate that support to the British Prime Minister Tony Blair and the Irish Taoiseach Bertie Ahern,” said Michael Finucane.

Tuesday, 1 July, 2003

Human rights groups welcome european ruling on finucane case

Press Release

By Amnesty International, British Irish Rights Watch, and the Committee on the Administration of Justice

Amnesty International, British Irish rights watch, and the Committee on the Administration of Justice today welcomed the ruling of the European Court of Human Rights in the case of Patrick Finucane.

The European Court of Human Rights found that Patrick Finucane’s right to life, which is protected under Article 2 of the European Convention on Human Rights, had been violated in a number of ways:

• the RUC, who were suspected of issuing threats against Patrick Finucane, were not sufficiently independent to conduct an effective investigation into the murder. The Court concluded that there were “ serious doubts as to the thoroughness or effectiveness with which the possibility of collusion was pursued”. The Court observed that, “As later events were to show however, there were indications that informers working for Special Branch or the security forces knew about, or assisted in, the attack on Patrick Finucane.”
• the inquest, which had refused to accept evidence of threats made against Mr. Finucane, “failed to address serious and legitimate concerns of the family and the public and cannot be regarded as providing an effective investigation into the incident or a means of identifying or leading to the prosecution of those responsible”
• the Court criticised the DPP for failing to give reasons for the many decisions taken in relation to cases touching on the murder. The Court noted that where the police investigation is itself open to doubts about its independence, “it is of increased importance that the officer who decides whether or not to prosecute also gives an appearance of independence in his decision-making”. They found, “Notwithstanding the suspicions of collusion however, no reasons were forthcoming at the time for the various decisions not to prosecute and no information was made available either to the applicant or the public which might provide re-assurance that the rule of law had been respected. This cannot be regarded as compatible with the requirements of Article 2...”
• while Stevens 1 and 2 apparently did not focus on the Finucane case, in any event the reports were never made public and the Finucane family were never informed of their findings, “the necessary elements of public scrutiny and accessibility of the family are therefore missing”

• the Stevens 3 investigation, coming some ten years after the murder, “cannot comply with the requirement that effective investigations be commenced promptly and conducted with due expedition. It is also not apparent to what extent, if any, the final report will be made public, though a summary overview has recently been published.”

The European Court of Human Rights concluded:

“The Court finds that the proceedings for investigating the death of Patrick Finucane failed to provide a prompt and effective investigation into the allegations of collusion by security personnel. There has consequently been a failure to comply with the procedural obligation imposed by Article 2 of the Convention and there has been, in this respect, a violation of that provision.”

The human rights groups call on the government to take immediate action to give effect to the judgment of the Court. The organisations also call on the government:

• To publish the reports of Stevens 1, 2 and 3.
• To ensure that the DPP gives full reasons for the many controversial decisions that have been made in relation to the Finucane case, and

• Most important of all, to immediately establish an independent, international public inquiry with full judicial powers of discovery and subpoena. As the European Court itself notes, international standards suggest that “In cases where government involvement is suspected, an objective and impartial investigation may not be possible unless a special commission of inquiry is established...”

A spokesperson for the three groups said, “This judgment confirms that there has been no effective investigation of the collusion in this murder. The Finucane family have been waiting fourteen years for justice. It is time the government stopped aiding and abetting those who have engaged in collusion and cover-ups, and allowed the full truth to be told about this case by establishing a public inquiry.”

ENDS

Wednesday, 2 July, 2003

ECHR judgement - Finucane family press release

By Pat Finucane Centre

The family of Patrick Finucane welcome the judgment of the European Court of Human Rights today in Strasbourg. This is the first judicial determination on the murder of Patrick Finucane that has taken place so far. The Court has had the benefit of all relevant material on this case since it was submitted in 1995, including the recent report prepared by Sir John Stevens, Commissioner of the London Metropolitan Police and its ruling affirms once again the importance of this case and the international concern that persists in relation to it.

The claims by the family of Pat Finucane and many others worldwide that the RUC and British Army colluded in his murder have now been judged so serious that the UK Government violated Article 2 of the Convention in not responding to them adequately or at all. The European Court was persuaded that the actions of the British State "failed to provide a prompt and effective investigation into the allegations of collusion by security personnel."

The obvious conclusion that must be drawn from this is that the State could not and would not investigate itself in this matter because the accusations it faced were absolutely true. The British Government must now address the matter in a forthright manner that properly addresses the violations of Article 2 of the Convention and remedies those violations without further delay.

Speaking on behalf of the Finucane family, Michael Finucane, son of the murdered solicitor and also a practising lawyer, said:

"My family have never been afraid to put our case forward to be tested. Now, we have a judgment from the highest court in Europe that his right to life was violated. The UK have been found wanting because they did not properly protect his life nor investigate his death. It is easy to see why they didn't want to investigate this murder: they were the instigators and facilitators of it."

"The responsibility for this matter now rests squarely with the British Government and how they will meet their obligations under the European Convention. It remains to be seen whether they will take their convention obligations seriously now that, once again, they have been measured and found wanting. The only way that the British Government can hope to reclaim any part of its shattered reputation is by establishing a full, independent judicial public inquiry without any further delay."

NOTES FOR EDITORS:

Michael Finucane is practising solicitor based in Dublin. He is the eldest son of Pat Finucane.

Wednesday, 2 July, 2003

Justice at last — now an inquiry?

THE verdict of the European Court of Human Rights in the case brought against Britain by the murdered Belfast solicitor Pat Finucane’s widow, Geraldine, is a resounding victory for justice.

By finding Britain guilty of a breach of human rights in its investigation into his assassination, the Strasbourg court has vindicated the Finucane family’s human rights battle in the face of a British government cover-up.

It underlines that there was no effective investigation by the RUC into the killing. Nor was there any effective investigation into the allegations of collusion by security personnel.

The outcome goes to the heart of concerns over what passes for British justice in the North.

It is undeniable that deadly collusion between military intelligence and loyalist murder squads led to Pat Finucane’s murder.

For 14 years, Geraldine Finucane’s human rights were violated. This verdict also makes the case for a fully independent inquiry into Pat Finucane’s murder irresistible.

Copyright © 2003 Irish Examiner, Thomas Crosbie Media, TCH