Disputed killings by security forces
01 January 1991
Disputed killings by security forces
artdoc October=1991
Since 1985, Amnesty International has been calling on the British
government to establish new procedures which would ensure that
the full facts behind disputed killings by the security forces
(otherwise known as `shoot to kill' incidents) are brought into
the public arena. Specifically, Amnesty International would like
to see an independent judicial inquiry set up to investigate all
disputed killings since 1982. This would include the killings at
the centre of the Stalker/Sampson investigation, the findings of
which were never published. Although in this case the Attorney
General said the investigation revealed evidence that RUC
officers had conspired to pervert the course of justice, he
decided that none would be prosecuted - in the interests of
`national security'. Yorkshire TV's award winning drama
documentary, Shoot to Kill, based on events surrounding the
Stalker affair has been broadcast in Britain but not in Northern
Ireland. It was due to be screened by RTE on 9th August but was
withdrawn at the last minute despite extensive pre-broadcast
publicity. The programme was withdrawn seemingly because of the
possibility of Sir John Hermon, former Chief Constable of the
RUC, issuing libel proceedings against RTE.
In recent years, the United Nations Special Rapporteur on
summary or arbitrary executions has set out the minimum
requirements for proper investigations into such cases, and these
were endorsed by the UN General Assembly in 1989 as `The United
Nations Principles on the Effective Prevention and Investigation
of Extra-Legal, Arbitrary and Summary Executions'. Amongst other
things, the principles call for thorough, prompt and impartial
investigation, and for powers to obtain all necessary
information. All information relevant to the investigation should
be made available to families of the deceased and a written
report should be published. If normal procedures do not allow for
the application of such principles then special public inquiries
should be established.
Because of the absence of such procedures, the family of Fergal
Caraher (20), who was shot dead at Cullyhanna by soldiers on 30th
December last year, called for the setting up of a public
inquiry, a request denied by the government. Indeed, the family
have even been denied access to the autopsy report. Hence local
people set up their own inquiry with the assistance of the Irish
National Congress and the Cullyhanna Justice Group. Over the
weekend of 22/23 June, Michael Mansfield QC chaired a panel of
legal experts from the USA and Europe which took evidence on the
killing. On the final day of the inquiry, the shooting was
reconstructed largely from the evidence of Michael Caraher
(Fergal's brother) who survived the attack. A full report will
be sent to the DPP, the Irish government and human rights groups.
In another disputed killing in September 1990, two West Belfast
`joyriders' Karen Reilly and Martin Peake, were shot dead by
soldiers who claimed they opened fire because one of them had
been hit by the car being driven by Peake. In a Panorama
programme broadcast on 22nd July, a witness claimed that the
soldiers faked an injury after the shooting to make it look as
if one of them had been hit by the car. Shortly after the
programme six soldiers from the Parachute Regiment appeared in
court to face charges in connection with the incident. Three are
charged with the attempted murder of Peake and one, Private Lee
Clegg, with the murder of Reilly. At the remand hearing, the only
RUC officer on patrol with the sixteen soldiers present at the
shooting gave evidence that he had heard the soldiers deciding
on who was to be the one supposedly hit by the car. This soldier
then lay on the ground while another struck him on the leg. Irish
News 24.6.91.
Statewatch no 4 September/October 1991