AI REPORT 2000

UNITED KINGDOM

United Kingdom of Great Britain and Northern Ireland
Head of state: Queen Elizabeth II
Head of government: Tony Blair
Capital: London
Population: 59 million
Official language: English
Death penalty: abolitionist for all crimes
1999 treaty ratifications/signatures: Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty; Protocol No. 6 to the European Convention for the Protection of Human Rights and Fundamental Freedoms concerning the abolition of the death penalty

Covering events from January - December 1999

Negotiations over the implementation of the Multi-Party Agreement in Northern Ireland continued throughout 1999, but sectarian killings and attacks continued. A human rights lawyer was killed in Northern Ireland, further undermining the rule of law. At least two black people died in police custody. Detainees and prisoners were subjected to ill-treatment and racist abuse. An inquiry into police handling of the racist killing of Stephen Lawrence found institutional racism within the police service.

Background

Negotiations over the implementation of the Multi-Party Agreement in Northern Ireland culminated in the establishment of the Executive of the Northern Ireland Assembly in December. Other aspects of the agreement were also implemented. However, the human rights situation in Northern Ireland still gave cause for concern and some areas appeared to have become more polarized, in particular during the marching season. In May representatives were elected to new devolved institutions: a Scottish Parliament and a Welsh National Assembly. AI was concerned by proposed new legislation, including the Terrorism Bill and the Freedom of Information Bill, which appeared to restrict further the rights to freedom of expression and association. General Augusto Pinochet remained under house arrest, pending his extradition to Spain on charges of torture (see pages 14 to 17).

Northern Ireland

Human rights aspects of the Multi-Party Agreement In March a Human Rights Commission was formed. During 1999 the Commission began consultation on a bill of rights for Northern Ireland. The Independent Commission on Policing for Northern Ireland published its report in October. AI welcomed many recommendations, including the integration of human rights in all aspects of policing, a new human rights-based oath, and proposals for greater accountability and transparency. However, AI also identified several omissions. It urged the government to address past abusive practices by the Royal Ulster Constabulary (RUC) and to establish further mechanisms to ensure accountability. In particular, AI called for units within the RUC associated with patterns of human rights violations to be disbanded. AI also urged a thorough review of covert operations and the establishment of a civilian body to oversee intelligence agencies and covert operations. The Independent Commission on Policing echoed recommendations made previously by UN treaty bodies for the closure of special interrogation centres. In December the RUC announced the imminent closure of Castlereagh Holding Centre. In May AI submitted comments to the Criminal Justice Review. AI called for international human rights standards to be incorporated into all aspects of the criminal justice system, raised concerns about the failure to prosecute members of the security forces involved in killings or assaults, and urged reforms in procedures for appointing the judiciary.

Rosemary Nelson

Human rights lawyer Rosemary Nelson was killed by a car bomb in Lurgan on 15 March; Loyalist paramilitaries claimed responsibility. In recent years she had suffered a campaign of intimidation, harassment and threats by members of the RUC and the army and had received anonymous death threats. AI was concerned that the police team appointed to investigate the killing was not sufficiently independent of the RUC, and that police investigations into complaints made by Rosemary Nelson of intimidation and harassment by the RUC had not been thorough and impartial. In December AI joined five other human rights organizations in urging the authorities to establish an independent inquiry into all the circumstances of her death. A memorial for Rosemary Nelson was held in Geneva, Switzerland, during the 55th session of the UN Commission on Human Rights, which was addressed by Mary Robinson, the UN High Commissioner for Human Rights. A briefing sponsored by AI and other international human rights organizations was addressed by Geraldine Finucane, the wife of Patrick Finucane. The Independent Commission for Police Complaints, in its annual report, noted that in 1998 it had received 36 complaints alleging police misconduct against 15 solicitors.

Patrick Finucane

On the 10th anniversary of the killing of lawyer Patrick Finucane in February, a human rights group submitted evidence to the government of active collusion in his killing and in others by members of the RUC and of army intelligence with Loyalist paramilitaries. The RUC asked a senior London police officer to investigate, which resulted in the arrest in June of a former Special Branch (police intelligence) agent, Alfred Stobie. Alfred Stobie, a former member of the Ulster Defence Association, stated that he had informed Special Branch before the murder that someone was to be killed, and told them about the movement of weapons used in the murder. AI continued to urge the government to institute an independent judicial inquiry into the killing of Patrick Finucane.

Robert Hamill

Of six people charged in connection with the death of Robert Hamill, who died in 1997 after being beaten by a crowd, Marc Hobson was the only one brought to trial. In March he was acquitted of murder and sentenced to four years' imprisonment for affray. The Director of Public Prosecutions decided not to prosecute four RUC officers who were at the scene but reportedly failed to take any action.

Impunity

The new inquiry into the killing of 13 unarmed people by the army on "Bloody Sunday" was delayed by arguments over whether security force witnesses would be allowed to remain anonymous. The inquiry judges continued to collect and process large amounts of evidence. The establishment of the inquiry, coupled with the cease-fires, raised hopes of resolving hundreds of past cases. In some, victims' families wanted the facts about how their relative was killed; in others, victims of miscarriages of justice were trying to establish their innocence. The Independent Commission on Policing failed to recommend a mechanism to deal with the legacy of past human rights abuses.

Abuses by armed political groups

AI delegates spent three days in Portadown in May, talking to community groups, church leaders, police officials, the Orange Order, politicians and others. The situation in Portadown reflected the human rights issues at the heart of the conflict, including a deeply polarized community and a large number of sectarian attacks. Elizabeth O'Neill, a Catholic woman, was killed by Loyalists in Portadown when a pipe bomb exploded in her home in June. During 1999 there were seven killings; 73 "punishment" shootings (26 by Republicans and 47 by Loyalists); and 133 "punishment" beatings (42 by Republicans and 91 by Loyalists). Some beatings were of children under the age of 16; children's limbs and fingers were broken after being beaten with baseball bats or hammers.

Deaths in custody

At least three people, two of whom were black, died in police custody in disputed circumstances during 1999. Three died in north London: Roger Sylvester died in January after being restrained; Sarah Thomas, a young black woman, died in August after being arrested; and police shot dead Harry Stanley in September. Prompted by the deaths in custody of Nathan Delahunty and Roger Sylvester, the London Metropolitan Police announced plans in January for rapid response medical units. An inquest in January decided that the death of Nathan Delahunty in July 1998 had been partly caused by his being restrained by police with his hands behind his back while under the influence of cocaine. Roger Sylvester died eight days after being restrained on 11 January. The eight police officers who restrained him were moved to non-operational duties during an inquiry. In November, the police file was submitted to the prosecution authorities.

Updates

Five police officers were charged in October in connection with the death of Christopher Alder, who died in April 1998 in Hull. The Prison Service was criticized in March by the Parliamentary Ombudsman for its conduct in the case of Kenneth Severin, who died in November 1995 after being restrained face-down on the floor by prison officers. Among the shortcomings highlighted were the Prison Service's failure to train its staff adequately and its failure to disclose details of its internal inquiry to his family. In April a police officer was charged with murder and manslaughter after shooting dead James Ashley during a raid in January 1998. James Ashley was naked, unarmed and in bed with his girlfriend when 30 officers raided his flat, although it subsequently emerged that police were acting on inaccurate intelligence reports. Other officers were charged with misfeasance (neglect of duty or abuse of power) or received disciplinary notices. After a six-week trial, three police officers were acquitted of the manslaughter of Richard O'Brien who died in custody in 1994. An inquiry into deaths in custody, carried out by a retired judge, reported in August and made recommendations concerning the role of the prosecution authorities in such cases.

Police handling of racist killings

The judicial inquiry into the police investigation of the racist killing of Stephen Lawrence in 1993 issued its report in February. Sir William MacPherson, a retired judge who led the inquiry, found that the investigation had been fundamentally flawed "by a combination of professional incompetence, institutional racism and a failure of leadership by senior officers". The report made 70 recommendations. However, the subsequent government response to the report was described by civil rights activists as inadequate. Michael Menson died after being set on fire in a racist attack in January 1997. The police treated the case as suicide for almost two years, despite statements about the attack that Michael Menson made before he died. Following a new investigation by the race and violent crimes task force, three men were charged in March with his murder. Two were convicted of manslaughter and the third of murder. Ricky Reel died in October 1997 after drowning in the Thames river. The police failed to carry out a thorough and impartial investigation, and the Police Complaints Authority found three officers guilty of neglect of duty. An inquest jury in November returned an open verdict; the family believe he died as a result of a racist attack.

Ill-treatment in prisons

Reports of ill-treatment and racist abuse were received from prisoners in various prisons, including Wandsworth, Frankland, Swaleside and Durham. Reports were also received of neck holds being used on teenagers in Medway Secure Training Centre, and of ill-treatment of teenagers in Portland, Dorset, and in Lisnevin, Northern Ireland. The criminal investigation into alleged torture and ill-treatment of prisoners at Wormwood Scrubs Prison in London resulted in criminal charges against at least 27 prison officers. The police investigation continued. A report on the prison by the Chief Inspector of Prisons, published in June, was severely critical of the prison, including the attitudes of prison officers and widespread racism and bullying.

Refugees

In November, the government enacted the Immigration and Asylum Act 1999. Although some measures were welcome, the overall impact of the Act was severely detrimental to refugee rights. AI made a series of representations, focusing on three main issues: the extension of pre-entry controls; the need for effective judicial oversight of the detention of asylum-seekers; and the need to ensure access to high-quality legal advice if asylum-seekers were dispersed around the UK. The High Court decided in July that the practice of prosecuting and imprisoning those using false travel documents to transit the UK was contrary to international refugee law. In May AI UK published a report on the treatment of unaccompanied refugee children which made a series of recommendations on child asylum-seekers.

Scotland

Human Rights Act

Certain provisions of the Human Rights Act, which came under the responsibility of the Scottish Executive, came into force in Scotland in May 1999. AI was concerned that there was no independent body to monitor the implementation of the new legislation, and urged the establishment of a human rights commission for Scotland. Two cases were brought, challenging the rule under which the police were allowed six hours in which to interview a suspect before contacting a defence lawyer.

Racism

The case of Gulbar Chokrar Singh highlighted institutionalized racism within the police force and procurator fiscal service. The Scottish Executive announced that it would counter institutionalized racism by making the eight Scottish police forces accountable to HM Inspectorate of Constabulary on their race policy. The Executive also accepted that the Race Relations Act should apply to all police officers. AI urged the Executive to introduce an independent police complaints body for Scotland.

Detention of minors

AI was concerned that juveniles under the age of 18 were detained in adult prisons and detention centres. According to reports, 30 girls under the age of 18 were detained at Cornton Vale prison.

AI country reports and visits

Reports

Visits

AI delegates visited Northern Ireland in February, March and October to gather information. In July, a representative monitored the policing of parades in Northern Ireland. A four-person AI delegation visited Northern Ireland in May and had a series of meetings with political leaders, police representatives, government officials, victims and families, and non-governmental organizations. AI delegates also met the Northern Ireland Secretary of State in March to discuss the killing of Rosemary Nelson and in May to discuss issues arising out of the delegation's visit earlier in the month.

Source:

© Copyright Amnesty International Publications 2000 - ISBN: 0 86210 290 1 AI index: POL 10/001/00

Amnesty International, International Secretariat, 1 Easton Street, WC1X 0DW, London, United Kingdom

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