The League's "Bloody Sunday" Investigation in 1972
The event known as "Bloody Sunday" occurred on
January 30, 1972, when British paratroopers fired on
Catholic demonstrators in Londonderry (known as
Derry), Northern Ireland, leaving 13 dead and 13
wounded. Human rights advocates and lawyers in
Northern Ireland and Great Britain immediately
publicized their concern that excessive state force had
been used to put down a citizens' demonstration.
At the urgent request of the British National Council of
Civil Liberties (the NCCL, now known as Liberty), the
League travelled to Londonderry in February 1972. The
team was headed by Prof. Sam Dash of Georgetown
University, and Judge John Carey, then chair of the
League, and Judge Louis Pollak, then district attorney,
also participated in the probe. The League then issued a
study, Justice Denied: A Challenge to Lord
Widgery's Report on "Bloody Sunday", based on the
complete transcript of the testimony of the original
hearings, as well as the 431 eyewitness accounts
gathered by the NCCL and analyzed by League experts.
These testimonies were largely ignored by the official
tribunal of the time, headed by the Lord Chief Justice,
Lord Widgery. The League concluded that the
paratroopers had either recklessly or deliberately shot
live rounds at unarmed civilians, some of whom had
their backs to the soldiers as they were crawling or
running away. This finding sharply contrasted with
Lord Widgery's exhoneration of the paratroopers.
Prime Minister Bertie Ahern of Ireland, whose
government issued its own report, relied significantly
on Prof. Dash's report for the League in urging a new
look at the evidence in 1997. That year, after coming to
office, British Prime Minister Tony Blair decided to
re-open the government's inquiry into the 1972 events.
Lord Saville was appointed to head the tribunal, which
formerly opened in Londonderry on April 3, 1998, but
has not yet begun to hear testimony. The Belfast-based
law firm of Madden & Finucane, which has
continuously represented the families of the victims, as
well as British-government appointed lawyers, have
been taking the depositions of witnesses and relatives.
The Bloody Sunday Inquiry is currently collecting
information, tracing witnesses, and establishing terms
of reference. Public hearings were held on the question
of anonymity and confidentiality of journalists' notes,
and the Inquiry hopes to start hearing oral statements in
September 1999.
In May 1998, as the Good Friday talks drew to a close,
the League reissued its original study. The 152-report
contains a new introduction by Scott Horton, current
president of the League, "Bloody Sunday" and the
Promise of Justice in Northern Ireland. "Can a
lasting foundation for peace in Northern Ireland be laid
without addressing the issue of 'Bloody Sunday'? We
think not. As in Argentina, Chile and South Africa,
proponents of reconciliation and a fresh start in
Northern Ireland conclude that to pour a foundation for
a new society built on trust, the abuse that proceeded it
must be exposed and denounced," notes Horton in the
introduction.
"It is encouraging to know that no matter how long a
seriously questioned judgment against British citizens
on human rights issues has languished, responsible
leadership in England has been willing to follow
Britain's tradition of justice by calling for a new
examination of the facts of Bloody Sunday, no matter
how politically unpopular the decision may be," writes
Horton.
Other League Civil Rights Initiatives on Northern Ireland
After the 1972 investigation, the League continued to
follow up on "Bloody Sunday"in the 1980s and together
with its British partner, the National Council of Civil
Liberties, now known as Liberty, undertook a number
of initiatives. Among the concerns were the impact of
the emergency laws and the abrogation of civil liberties
in the emergency conditions in Northern Ireland. The
League co-sponsored a major study on the emergency
rules authored by noted Irish human rights expert Prof.
Kevin Boyle, then of the University of Galway,
currently at the University of Essex. The League raised
these questions at the UN Sub-Commission on the
Prevention of Discrimination Against Minorities,
addressing the excessive use of force by British police
and the use of rubber bullets and their impact on
non-violent civilian demonstrators, including children.
The League was also one of two human rights groups
permitted to attend the coroner's inquest in Gibraltar in
1988 regarding the killing of IRA members, in an effort
to raise concerns of due process.
In all these interventions, the aim was to identify the
appropriate civil liberties concerns and ensure that they
were made a priority in addressing the issue at hand.
Before the peace talks that led to the Good Friday
agreement, the League and other international human
rights organizations called on the parties to include
human rights principles in peace talks. As Mary
Robinson, the U.N. High Commissioner for Human
Rights has wisely said, "today's human rights violations are
the causes of tomorrow's conflicts." The international human rights
community welcomed the inclusion of human rights provisions in
the accord, signalling a realization that a durable resolution of the
conflict in Northern Ireland would require respect and
implementation of civil and political rights. Political conflict cannot
be eliminated without the eradication of persistent human rights
violations, and governments, political parties, and civic movements
throughout the world have increasingly come to this awareness.
"Defending the Defenders": The League Protests Lawyers' Murders
In March 15 of this year, the international human rights community
was shocked and saddened by the assassination of Rosemary
Nelson, one of Northern Ireland's most prominent human rights
lawyers, known to many abroad for her courageous stance on civil
rights for all. Ms. Nelson died from injuries suffered in a car bomb
attack near her home, and the school attended by one of her three
children. In September 1998, Ms. Nelson had testified before the
U.S. Congress on the human rights situation in Northern Ireland,
noting the threats against herself and her family.
In meetings with UN delegates, the League raised Ms. Nelson's
murder and called for implementation of the proposals by Prof.
Param Cumaraswamy, the UN Special Rapporteur on the
Independence of Judges and Lawyers, who had also warned of the
death threats against Ms. Nelson. The League supported the call of
a coalition of international and local human rights groups seeking
prompt investigation of these murders and justice for the attackers.
Under a new agenda item in the UN Commission on Human Rights
related to a December 1998 resolution of the General Assembly
known as the "Human Rights Defenders' Declaration," the League
urged the member states not only to commemorate defenders but to
actively investigate and prosecute any attacks, particularly murders.
On behalf of the League, Michael Finucane, a Belfast-based lawyer
and member of the Irish Council for Civil Liberties, traveled to
Geneva in April to speak at the UN Commission on Human Rights
regarding civil rights issues in Northern Ireland, with particular
focus on slain Northern Ireland lawyers Rosemary Nelson and
Patrick Finucane, his uncle.
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