May 15, 2024

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Legacy of Problems Act: Ireland brings human rights case against UK

Legacy of Problems Act: Ireland brings human rights case against UK

The Irish Government is set to launch a legal challenge against the UK Government over its decision to introduce immunity for Troubles period crimes.

Critics said the law grants amnesty to killers and prevents victims from accessing justice.

Ireland will bring a case under the European Convention on Human Rights.

Victims and survivors have already sued the government in the High Court in Belfast.

The conflict, which lasted 30 years, killed more than 3,500 people and left thousands of serious injuries.

The legislation also put an end to all new investigations and civil lawsuits related to the dispute.

Tánaiste (Irish Deputy Prime Minister) Micheal Martin said the decision was made “after much thought and careful consideration”.

“I regret that we find ourselves in a situation where such a choice had to be made.”

He added that the UK government had “pursued unilateral legislation” despite concerns from the Irish government and others.

Martin added: “We are not alone in our concerns. A number of international observers have also raised serious reservations about this legislation, including the Council of Europe Commissioner for Human Rights and the UN High Commissioner for Human Rights.”

“More importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be directly affected by this law.”

Opponents, including victims’ groups and Stormont parties, said the old bill would prevent access to justice.

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Emmett McConomy says legal challenge is ‘the right system’

McConomy told BBC Radio’s North West Today program the challenge was “the right system”.

“It gives us some hope today. We never gave up hope and I think, like all victims, the only thing we really have is hope.”

The Irish government opposed the UK’s new old law from its inception.

Victims’ groups have repeatedly put pressure on her to file a case in Europe.

This now means that the Disturbances Act is being challenged on two legal fronts.

Relatives of the victims have gone to court in Belfast, and Dublin is acting in Strasbourg.

It was expected that the Irish government would make a decision, but this is a major step that could not have been taken without assessing the political implications.

Victims and survivors want “truth, accountability, justice and the preservation of our rights,” McConomy said.

He added: “I do not think this is exaggerated in a civilized society.”

In September, Northern Ireland Secretary Chris Heaton-Harris said that royal approval of the Troubles Legacy Bill represented “an important milestone as the government aims to deliver on our pledge to deliver better outcomes for those most affected by the Troubles, while helping society look forward.”

He added that the draft law provides “a real opportunity to provide greater information, accountability and recognition to victims and their families, and move away from existing mechanisms that have left many people empty-handed.”

In September, Northern Ireland Secretary Chris Heaton-Harris said that royal approval of the Troubles Legacy Bill represented “an important milestone as the government aims to deliver on our pledge to deliver better outcomes for those most affected by the Troubles, while helping society look forward.”

He added that the draft law provides “a real opportunity to provide greater information, accountability and recognition to victims and their families, and move away from existing mechanisms that have left many people empty-handed.”

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Tánaiste (Irish Deputy Prime Minister) Micheal Martin said the decision was made after much thought and careful consideration

This legislation will create an Independent Commission for Reconciliation and Information Recovery (ICRIR).

The goal of this new organization is to help families learn more about the circumstances that led to their loved ones being killed or seriously injured.

Self-confessed perpetrators who have given a truthful account of their actions to ICRIR can be granted immunity from prosecution.

Mr Heaton-Harris said the committee was part of a move aimed at “building a legacy process built on integrity, experience and fairness”.

“Anyone in Northern Ireland who condemns or criticizes the Irish government for its actions is no friend of the victims,” said Raymond McCord, a Troubles victims campaigner, whose son Raymond was killed by loyalist paramilitaries in 1997.

Amnesty International said the Irish government was “doing the right thing” for victims of the Troubles by accepting the case.

Human rights organization Commission on the Administration of Justice (CAJ) said this was “the right and necessary decision”.

‘Double standards’

The leader of the Democratic Unionist Party, Sir Geoffrey Donaldson, accused the Irish government of double standards.

He continued: “The Irish government does not have any proposals to deal with the old cases, and there are no proposals to deal with the large number of murders that have been committed either in its jurisdiction or from its jurisdiction.”

Sinn Fein leader Mary Lou McDonald also welcomed the Irish government’s move, as did Social Democratic Labor Party leader Colum Eastwood.

Doug Beattie, leader of the Ulster Unionist Party, said the Irish government’s decision was “not surprising” and takes “the opposition’s line of attack off the table” ahead of an election year.