Returning exiles 'must face trial'

01/11/2005 - 15:51:09
Any scheme allowing on-the-run paramilitaries to return from exile to Northern Ireland must feature a trial at which they can plead their guilt or innocence to past crimes, the British government was told today.

As Northern Ireland Secretary Peter Hain prepared to release legislation this month facilitating the return of on-the-run IRA members and loyalists who fled the North during the Troubles to avoid arrest, nationalist SDLP leader Mark Durkan set out six principles which should guide the British government’s legislation.

“First, any on-the-run (OTR) process must respect the rule of law. Even if nobody will go to prison, there must always be a trial – at which people can assert their guilt or innocence,” he said.

“If people are found guilty, that must always be registered.

“Second, the OTR process should be time-limited for six months to a year. That way, those who have been responsible for the hundreds of unsolved murders have some incentive to come forward and give their victims closure.

“If there is no time limit, then people who have committed murders know that they can afford to sit back, say nothing and wait to see if they are in danger of ever being charged, knowing full well that if they are, they will not go to prison. No time limit would show total contempt for victims’ interests.

“Third, the on-the-runs must attend their trial in open court. One of the most outrageous aspects of the (British) government’s original plans is that the on-the-run does not even have to appear in court to show some respect for those they have hurt.

“Fourth, the victim must have the right to make a victim impact statement. This would allow the victim the chance to make clear how his or her life was damaged by violence.

“Fifth, it must be limited to crimes committed before the Good Friday Agreement. The Agreement gave everybody a full and equal chance to participate in the political process. Those who failed to do so should not be spared a prison sentence.

“Sixth, if an OTR becomes involved in breaking the law, it should always be possible to return them to prison – like people released under the Good Friday Agreement.”

During an appearance before the House of Commons Northern Ireland Affairs Committee last week, Mr Hain acknowledged public concerns about an amnesty for terrorist fugitives but said undesirable actions sometimes had to be carried out for conflict resolution.

Unionists have expressed their outrage at the plans to allow on-the-runs to return and some have also voiced their concerns about the impact on the cold case review team set up by Northern Ireland chief constable Sir Hugh Orde into the 1,800 unsolved murders from the Troubles.

Mr Durkan said his party had not sought the legislation and stressed that it was not part of the Good Friday Agreement.

The SDLP leader continued: “Many will also question the timing of on-the-run legislation – when paramilitaries still will not let those they have exiled come home.

He said: “The SDLP recognises that the on-the-run legislation will cause all victims enormous difficulties – be they victims of state violence, of loyalist violence or of republican violence.

“It is all the more important, therefore, that any on-the-run legislation does not do them a downright injustice. That is why the SDLP is setting out key principles that must be included in any OTR legislation.”