Council of Europe to reopen examination of Pat Finucane murder case

The Council of Europe is to reopen its examination of the case concerning murdered Belfast human rights lawyer Pat Finucane.

The decision, which was published on Friday, was made this week by the council’s Committee of Ministers.

Mr Finucane’s son John, the MP for North Belfast, said it was a “hugely significant move”, adding that the British government has been “criticised internationally for their failure to establish an inquiry and this level of scrutiny is vital to ensure truth can finally emerge”.

He called on the British government to “end their stalling tactics and fulfill the promise it made many years ago to hold a full and independent inquiry into the killing of my father”.

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A spokesman said the British government noted the decision and remained “committed to working with the Council of Europe in upholding human rights standards and will continue to work with the committee in their scrutiny of the implementation of these judgments”.

Setting out the reasons for its decision, the council said it had decided to reopen the case “in order to supervise the ongoing measures to ensure that they are adequate, sufficient and proceed in a timely manner”.

It also invited the authorities to “clarify how the ongoing police and Oponi [Office of the Police Ombudsman for Northern Ireland] processes will proceed promptly and in line with convention standards, given the issues raised by both of those bodies in recent statements.”

In a previous resolution published in December 2020, the council – which oversees the implementation of judgments by the European Court of Human Rights (EHCR) – rebuked the UK government for failing to enforce judgments by the ECHR involving security force killings and suspected collusion cases in Northern Ireland, including that of Mr Finucane.

His case is being considered by the Committee of Ministers as part of the broader McKerr v the United Kingdom group of cases relating to deaths during security force operations or in circumstances giving rise to a suspicion of collusion by the security forces in the North in the 1980s and 1990s.

The 39-year-old lawyer was shot dead in front of his family at their home in north Belfast in 1989 by the Ulster Defence Association (UDA) with the collusion of British state forces.

Scrutiny

In November the UK government said it would not order a public inquiry into Mr Finucane’s murder “at this time”. It said it could fulfil its legal obligation to carry out an investigation compliant with Article 2 of the ECHR “through a series of processes”, a decision which was condemned by the Finucane family and Irish Government.

Minister for Foreign Affairs Simon Coveney in his statement to the committee said it was "entirely appropriate and welcome now for the committee to decide to take the next, necessary step and reopen supervision of individual measures in this case. This will facilitate full and thorough scrutiny of the steps to be taken in the period ahead, and to ensure that an inquiry that meets the United Kingdom's obligations under Article 2 of the convention is carried out."

The Minister also outlined his “strong concern at the continuing delay and lack of detail and timetable” regarding legislation to implement the 2014 Stormont House Agreement to deal with legacy issues in Northern Ireland.

However, he said there was “an opportunity in the period immediately ahead, to make genuine progress . . . on cases like that of Pat Finucane and in the establishment of the comprehensive agreed framework for all outstanding cases.

“It is essential that this opportunity be taken so that when the committee resumes its consideration of these matters later this year, we are able to register and welcome significant progress.”

In its decision, the council also noted its “profound concern” over the lack of detail around legislation to address legacy and acknowledged delays to the holding of legacy inquests caused by the Covid-19 pandemic, saying that it “strongly encouraged the authorities to step up their efforts to accelerate as far as possible to meet their target of the conclusion of all inquests within five years”.

Amnesty International’s Northern Ireland programme director, Patrick Corrigan, said it was a “welcome move” by the Council of Europe. But it was “deeply regrettable that the UK Government’s shameful refusal to open a public inquiry into the murder of Pat Finucane has made it necessary. Given the failure to properly investigate this killing, previously identified by the European Court of Human Rights and the UK supreme court, it is appalling that the government continues to shirk not only their duty to the Finucane family but also their obligations under international law.”

He added: “The government must get the Finucane inquiry under way without further delay and heed Council of Europe calls for a human rights compatible approach to dealing with all outstanding legacy cases.”