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forms of paramilitary intimidation. Punishment beatings, shootings and expulsions arc violations of humanitarian law and cannot be tolerated. Furthermore, we have called on the government of the United Kingdom to resume normal policing in the many areas of Northern Ireland where these brutal alternative justice systems have become the only regular form of so-called justice residents know.

Finally, Human Rights Watch is deeply disturbed by persistent allegations of collusion between some members of the security forces and loyalist paramilitary groups. Members of the security forces are alleged to engage in collusion by conspiring directly with loyalist paramilitaries to carry out acts of violence or by facilitating the commission of violent acts. Actions that can constitute collusion include the leaking of security information such as photo montages and house floor plans to paramilitary organizations; the diversion of law enforcement resources away from the scene of a loyalist paramilitary assassination just prior to the crime; and the failure to adequately investigate loyalist paramilitary killings by overlooking critical evidence, failing to interview key witnesses, or generally failing to apprehend a suspect.

Because the police are invested with primary responsibility for identifying, gathering, and securing information on suspected paramilitaries, and investigating acts of paramilitary violence, the bulk of the allegations of collusion are made against the RUC. This is particularly true in cases where legitimately collected official information finds its way into the hands of loyalist paramilitaries. A common scenario in Northern Ireland involves the RUC warning a person— usually a nationalist—that she or he is under paramilitary threat because his or her security files have “gone missing," that is, been lost, and are in the possession of a loyalist paramilitary organization. The frequency of these so-called warnings, coupled with the fact that a number of persons whose security information has been passed on have subsequently been assassinated by loyalist paramilitaries, indicates an urgent need for the RUC to take affirmative steps to address allegations of collusion.

Human Rights Watch has made a series of recommendations to the United Kingdom government for effectively addressing allegations of collusion, including the immediate and thorough vetting of the RUC for officers with illicit associations to loyalist paramilitary organizations, a reassessment of procedures for the handling of classified identification information, and a commitment to the rigorous investigation of loyalist paramilitary killings in conformity with international standards. In some cases, we call for more specific measures. For example, with respect to the loyalist paramilitary murder of Catholic criminal defense lawyer, Patrick Finucane— who suffered harassment and death threats by RUC officers-Human Rights Watch urges that an independent, public inquiry with powers to administer oaths and issue subpoenas be convened. In the case of the loyalist paramilitary killing of nationalist Patrick Shanaghan, we call on the RUC to address a number of serious investigative failures and to find and punish those RUC officers who persistently harassed and threatened Patrick Shanaghan over a ten year period before he was killed.

Human Rights Watch has welcomed the initiatives of the new Labour government with respect to the reform of policing and the protection of individual rights. Clearly, the Labour government understands, as we all must, how persistent human rights violations create a climate of

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hostility and a lack of trust in state authorities. The time is now for a renewed commitment to building confidence in the peace process by guaranteeing the protection of rights. Human Rights Watch urges the Congress to support the new Labour government's initiatives and to express its own commitment in concrete terms to the protection of human rights in Northern Ireland.

P.06

Amnesty International Testimony

Human Rights in Northern Ireland

Before the

House Committee on International Relations

Subcommittee on International Operations and Human Rights

&

Presented by

Maryam Elahi

Advocacy Director, Middle East and Europe

Amnesty International USA

June 24, 1997

I. Introduction

Amnesty International USA welcomes this opportunity to testify before the House International Relations Subcommittee on International Operations and Human Rights on the human rights situation in Northern Ireland Mr Chairman. I request that my written testimony be submitted into the record together with two Al circulars on the United Kingdom Cruel, Inhuman or Degrading Treatment Detention of Roisin McAliskey and Special Security Units Cruel Inhuman or Degrading Treatment and the 1997 Amnesty International Annual Report entry on the United Kingdom

Amnesty International (Al) is an independent worldwide human rights movement which works for the release of prisoners of conscience, individuals detained for their beliefs, color, sex, ethnic origin, religion or language, provided they have not used or advocated violence The organization also works for fair and prompt trials for all political prisoners and for the abolition of the death penalty and torture.

Amnesty International takes no position on the legitimacy of territorial claims or on issues of polity Amnesty International's work is based on the Universal Declaration of Human Rights and other international and regional human rights treaties Amnesty International condemns the torture and execution of prisoners by all governments and opposition groups By reminding governments of their responsibility for preventing such abuses. Amnesty International seeks to promote adherence to the rule of law and international standards for the protection of human rights

II. Human Rights Violations in Northern Ireland

In its work on Northern Ireland over many years Amnesty International has identified laws, procedures and practices of law enforcement officials which have led to violations of the internationally recognized rights to life. to freedom from torture or cruel, inhuman or degrading treatment to fair trial, and to freedom of expression and assembly. In particular. Amnesty International has been seriously concerned about the British Government's (hereafter referred to as the government") failure to investigate independently and fully serious allegations of human rights violations, to make public the results of internal investigations, and to bring perpetrators of human rights violations to justice

Given the large number of human rights violations perpetrated in Northern Ireland, there is a particular need for the new government to review a number of Issues, including policing and emergency legislation provisions, with a view to increasing the protection of human rights in Northern Ireland The protection of human rights and the creation of a human rights culture are without a doubt central to a lasting peace Mr Chairman we believe that the new government

has an opportunity to make significant moves for the protection of human rights throughout the United Kingdom and we welcome the commitments expressed in initial government statements to emphasize issues of fairness and justice in Northern Ireland.

A. Alleged extrajudicial killings and ineffective inquests

There must be an independent inquiry into all alleged extrajudicial killings by the security forces in Northern Ireland. This inquiry should examine the legislation governing the use of lethal force, the procedures used to investigate such killings; the lack of accountability of the security forces, in particular, concerning operations of undercover officers and soldiers, the severely restricted nature of the inquest procedure which is prevented, through legislation, from carrying out a proper and public inquiry into the full circumstances of a disputed killing, and the systematic use of Public Interest Immunity Certificates to block the disclosure of crucial evidence. The result of such an inquiry should be made available to the public.

Amnesty International's concerns are highlighted by a recent case in September 1996, in which lethal force was applied by armed police carrying out a planned raid on a house in London in the early morning, resulting in the death of Diarmuid O'Neill and the arrest of two others. Diarmuid O'Neill was apparently shot six times by two officers from Scotland Yard's tactical firearms group, SO19. Initial statements by the police justified the death of Diarmuid O'Neill by stating that he was killed during a shootout between the police and the arrested suspects However, subsequent reports have confirmed that Diarmuid O'Neill and the other suspects were unarmed The British Government needs to account for the initial misleading statement and its justification of killing an unarmed man

Amnesty International further calls for an investigation into the treatment received by Diarmuid O'Neill in the wake of the shooting. The photos of smeared blood on the front steps of the house would seem to indicate that Diarmuid O'Neill was dragged, seriously wounded, down the steps to the pavement, rather than being treated where he lay or removed on a stretcher. Another aspect of this case which requires clarification is the reported use of CS gas during the operation: why was CS gas used and what effects would that amount of CS gas used have had on Diarmuid O'Neill's behaviour/mental reasoning?

A police investigation was carried out into this incident by a senior officer of the Metropolitan Police Service, the same police force that was involved in the incident. This would appear to depart from past practice whereby senior officers from external police forces have been brought in to investigate serious allegations about police conduct. The results of this investigation (if indeed it is now finished) have yet to be made public