Recommendations by Hon. Judge Andrew L. Somers, Jnr. — Wisconsin, USA
January 1992. Return to jurists’ full-text index
The controls on security forces are the (Northern Ireland) Criminal Law Act of 1967, and the “yellow card” instructions. The Criminal law allows “such force as is reasonable in the circumstances.” The “yellow card” for the Army and the “RUC Force Instructions” are secret documents which appear in court or the press occasionally and outline strict limitations on the use of force. British law contravenes the international standard set forth in Article 2 of the European Convention on Human Rights which speaks of “absolute necessity” and “strict necessity” to justify deprivation of life.
To complicate matters even more, British law requires a charge of murder in cases of security force killings. There is no flexibility as to circumstances to allow manslaughter, reckless homicide, and negligent homicide charges to be made and prosecuted.
The last item of my review is the investigative area. In Northern Ireland the investigation of a security force killing is conducted by the RUC. Recent revelations of cooperation between the RUC and the outlawed loyalist groups, together with the quick and ferocious suppression of Constable Stalker’s discovery of a tacit “shoot to kill” policy are cause for alarm. There is no avenue for victims to obtain justice in the armed camp known as Northern Ireland.
Britain has been condemned more times by the European Court of Human Rights than any other nation. The sad thing about the British attitude is that it necessarily fosters rebellion, as there seems to be no civilised response to this suffocating civic climate. On the other hand, however, we realise that what the Caraher family and the people of Cullyhanna have done is to find an avenue of relief by appealing to an international audience and spotlighting this small area of the world.
Recommendations put forth in hopes of preventing future such occurrences include: a decentralised, locally elected coroner; legal aid for inquest proceedings; inquests required within ninety days unless a written statement of cause for delay is issued; abolition of Public Interest Immunity Certificates; restoration of the power of the inquest to issue verdicts; removal of the RUC from any role in selecting a jury panel; requirement that security force members attend and give testimony subject to the self-incrimination privilege; and provision of forensic evidence and witness statements to the family at least thirty days prior to the inquest. On homicide law, the international standard of Article 2 of the European Convention should be applied, and the “all or nothing” charge of murder should be replaced by a continuum of offences including manslaughter and reckless or negligent homicide. The Army should be relieved of the arrest power, which should rest with the RUC alone.
The full text of Judge Somers’ recommendations appears in the printed report (pages 31–34). This page preserves the principal findings and recommendations.