Provisions for conditional immunity from prosecution for Troubles offences in the British government’s legacy act are not compatible with human rights legislation, the High Court in Belfast has ruled.
Delivering a judgment, Mr Justice Adrian Colton said there was no evidence the immunity provision would in any way contribute to reconciliation in Northern Ireland.
The Northern Ireland Troubles (Legacy and Reconciliation) Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the Irish Government.
Aspects of the laws include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).
The act will also halt future civil cases and legacy inquests.
A number of relatives of those bereaved by the violence are seeking to have the controversial legislation overturned.
Mr Justice Colton told the court: “I am satisfied that the immunity from prosecution provisions under section 19 of the Act are in breach of the lead applicant’s rights pursuant to Article 2 of the ECHR (European Convention on Human Rights).
“I am also satisfied they are in breach of Article 3 of the ECHR.”
He added: “There is no evidence that the granting of immunity under the Act will in any way contribute to reconciliation in Northern Ireland, indeed the evidence is to the contrary.”
The judge is continuing to deliver his judgment.
Critics have labelled it a bill of shame and say it is designed to protect former British soldiers.
Nineteen separate legal challenges were lodged against the act, but a judge consolidated them into one lead case.
Those mounting the challenge are supported by Amnesty International.
The judicial review was heard over eight days in the High Court in Belfast in November.
During the hearings, lawyers for those seeking to have the legislation deemed unlawful argued that it would prevent them from ever receiving either truth or justice and is in breach of human rights legislation.
John Larkin KC, a former Northern Ireland Attorney General, told the court they were being subjected to “secondary trauma” because their hopes of securing justice where being shut down.
He said those taking the case “are representative of the enormous and collective pain in this jurisdiction” and that their hurt was so intense, no words of his could possibly do them justice.
The lawyer said they had been victims of “horrific events” and wanted those responsible to be held to account.
But a lawyer for the British government argued that the legislation is an attempt to achieve reconciliation while preserving victims’ rights.
Tony McGleenan KC described the series of legal challenges as “an unprecedented attempt to block a sovereign Act of Parliament”.
He also said perpetrators who fail to “earn” conditional amnesties by revealing the truth about their activities to the ICRIR would face the prospect of prosecution and imprisonment.
“The sword of Damocles hangs over all those who participated in Troubles-related offences,” Mr McGleenan said.
The legislation received Royal Assent in September last year despite being opposed by all of the main political parties in Northern Ireland, victims’ organisations and the Irish Government.
The Irish Government announced in December that it is challenging the UK legislation in the European Court of Human Rights.
by Sheerin_isainmdom
3 comments
Finally. Some push back on this pish
Court rules the Brits are at it.
You can view the judgment in its entirety here [https://www.judiciaryni.uk/judicial-decisions/2024-nikb-11](https://www.judiciaryni.uk/judicial-decisions/2024-nikb-11)