On 12th February 1989, Pat Finucane, a prominent human rights lawyer was shot dead by loyalist paramilitaries in his home in front of his wife and children.
In the aftermath of his killing, prima facie evidence of criminal conduct by police and military intelligence agents, acting in collusion with loyalist paramilitaries in his murder, has emerged. In addition, allegations have emerged of a subsequent cover-up by different government agencies and authorities.
But since his murder, there has been no independent inquiry into his death and the collusion by British authorities and loyalist paramilitaries. An inquiry under the Inquiries Act 2005 is not sufficient, only a fully independent inquiry will be acceptable.
Cory Report
The Canadian Judge Peter Cory, who was commissioned by the British and Irish governments to investigate the possibility of state collusion has said of the Inquiries Act 2005, ‘the Minister, the actions of whose ministry was to be reviewed by the public inquiry would have the authority to thwart the efforts of the inquiry at every step.’ Cory’s investigation into Pat Finucane’s murder, published in April 2004, concluded there was strong evidence that collusive acts were committed by the army, the RUC Special Branch and the security service.
Stevens Inquiry 3
Another inquiry published a year before Cory written by Sir John Stevens, stated that there was evidence of ‘collusion’ and the ‘withholding of intelligence and evidence’ by RUC Special Branch and the British Army’s intelligence unit known as the Force Research Unit, whilst Stevens office was itself mysteriously burnt out during the investigation.
European Court of Human Rights
However, following the the Stevens investigation, a judgment of the European Court of Human Rights, issued in July 2003, said that 'there had been a failure to provide a prompt and effective investigation into the allegations of collusion by security personnel.'
Joint Committee on Human Rights
On the possibility of an independent inquiry under the Inquiries Act, even the Houses of Parliament’s Joint Committee on Human Rights said that ‘a wide-ranging power to issue restriction notices, remaining with the Minister’ and the ‘degree of ministerial discretion as to publication of the conclusions of an inquiry puts at risk both the independence and the appearance of independence of the inquiry, contrary to Article 2 European Convention on Human Rights.’
Amnesty International
Amnesty argues, ‘any inquiry held under the Act would be controlled by the executive. The final report of any inquiry under the Act would be published at the executive's discretion and crucial evidence could be omitted at the executive's discretion, ‘in the public interest’.’
It is indisputable that policing agencies responsible to the British authorities, colluded with loyalist paramilitaries, in order to kill civilians in the north of Ireland. This is why an inquiry into Pat Finucane's murder, where there is evidence of collusion between the British authorities and the actual murderers, cannot take place under conditions where the British government has such control over the inquiry.
Write to your MP and demand they support a fully independent inquiry into the murder of Pat Finucane.
