UK: Supreme Court judgment a ‘bitter blow to victims’

The organisation, a respondent in the Dillon and Ors case, has called on the UK Parliament to ensure the UK government’s new Troubles Bill does not subject victims to a two-tier justice system and delivers effective investigations that guarantee full victim participation, the right to the truth, and ends a culture of concealment of state wrongdoing.

Amnesty remains deeply concerned that the Government’s national security veto will be misused to deny victims their long overdue right to the truth regarding gross human rights violations.

Phoenix Law, acting on behalf of the victims, has said victims will now consider an appeal to the European Court of Human Rights.

Core parts of the Legacy Act have already been ruled as incompatible with human rights – immunity, the bar on civil claims, and police misconduct charges.

The NI Veterans’ Movement attempt to overturn the Court of Appeal’s findings on immunity was rejected.

Supreme Court findings:

1. The human rights ruling of the Supreme Court was nuanced. It has not ruled that the Legacy Act and Independent Commission for Reconciliation and Information Recovery (ICRIR) contain the necessary safeguards to secure human rights compliant investigations; rather it has merely held that it cannot conclude that investigations will be incompatible in every case. The extent to which ICRIR will be able to secure human rights compatible investigations in individual cases will now depend on what happens in individual cases and is likely to lead to more lengthy litigation.
2. Although the Secretary of State’s appeal on the Windsor Framework succeeded, the Secretary of State failed in his attempts to undermine the direct effect of Article 2 and the EU rights it can give rise to. The Supreme Court is clear that the Windsor Framework can have direct effect and can therefore be used to argue that it has been breached by a diminution in rights.

Responding to the ruling, Gráinne Teggart, Amnesty International UK’s Northern Ireland Deputy Director, said:

“Today’s judgment does nothing to relieve victims of the burden of the conflict. The past will remain the present until new legislation ends their trauma and delivers long overdue answers.

“The decision to uphold the Government’s appeal is a bitter blow to victims and condemns them to further delays for truth. It is utterly wrong that victims, who have been denied their rights to truth and accountability for so long, should be expected to go through flawed investigations before further, seemingly inevitable, legal challenges to have their rights realised.

“The judgment must not be used by government to give cover to a system that shields wrongdoing rather than exposing it.

“This judgment is not the final word. We call on the UK Parliament to stand firmly with victims and ensure the Government’s new Troubles Bill delivers for them. The Bill must end impunity and guarantee effective investigations.

“This is a tipping point for truth and transparency; families must not be further failed by government. We urgently need legislative change that protects rights and has confidence and credibility amongst families.”

Following the judgment, Gavin Booth of Phoenix Law said:

“Today’s ruling flies squarely in the face of the decision of the both the High Court and the Court of Appeal in Northern Ireland.

“Whilst disappointing, our clients will now consider taking this matter to the European Court of Human Rights. They also call on the Irish government to continue with their inter-state case.

“The Supreme Court have unfortunately today left victims and families in a state of flux. This decision is likely to lead to more lengthy litigation.”