Euro view sought on amnesty for fugitive terrorists

15/11/2005 - 18:11:21
British government plans to allow on-the-run terrorists suspected of crimes to return home to Northern Ireland are being referred to the European Commission, it was announced tonight.

Democratic Unionist MEP Jim Allister has written to the Justice Commissioner inviting him to consider whether the “On the Runs” [OTRs] Bill is in accordance with Europe’s level of expectation in regard to the protection of the human rights of victims.

At the same time, the Northern Ireland Human Rights Commission voiced its concerns about the legislation directly with the Northern Ireland Security Minister.

Mr Allister said in his letter to the Commissioner that in the British government Bill a special process would be created whereby OTRs could not be arrested or detained, did not have to attend court, could never be imprisoned and never questioned about their crimes – all while their identity was kept secret.

He wrote: “I respectfully suggest that this proposed legislation involves such a denial of the human rights of victims, particularly the right to have an effective remedy, that you should show an interest in it and give us the benefit of your opinion.”

Victims of violence were, within the EU, recognised as having various human rights, including the right to an effective remedy before a national authority, said Mr Allister.

He asked the Commissioner: “How can a process which deliberately sets out to give special treatment to the perpetrators of crimes, often murder, so that they are kept out of prison, even approach providing an effective remedy for the victims of these crimes?”

The MEP said the legislation was “a shameful farce and gross abuse of both the human rights of victims and the judicial process”.

Meanwhile the Human Rights Commissioner, Professor Monica McWilliams, voiced her concerns over “on the runs” when Security Minister David Hanson visited her office.

She said commissioners understood that the proposed legislation was intended to contribute to “closure” on major issues outstanding from the decades of conflict.

However, she said they nevertheless had concerns that aspects of the draft legislation raised significant human rights issues.

The commissioner also told the minister the proposals were “another extremely painful step” for the victims of the conflict and their families.

Prof McWilliams said: “We had a frank and in-depth discussion with David Hanson on his proposals for on-the-runs and others, including agents of the state, who have not been dealt with by the courts for pre-Agreement crimes.

“Commissioners still have concerns with this draft legislation.”

She said they had agreed to scrutinise the Bill to ensure the proposals complied with human rights principles.

“The legitimate concerns of victims and survivors must not be overlooked in this legislation and we will be listening to their views and the concerns of other interested parties before we submit this advice,” Ms McWilliams added.