Victims of the historical conflicts known as the Troubles have pleadingly urged the forthcoming UK administration to promptly rollback the contentious Legacy Act. The appeal came just before the scheduled court appeal in Belfast on Tuesday, contesting a previous decision deeming parts of the new legislation as illegal, thereby requiring their nullification.
Martina Dillon, still mourning the loss of her husband Seamus, who met his end in a 1997 shooting incident in Dungannon under suspicious circumstances, expressed her faith in the Labour Government. She voiced her expectations that they would restore the inquests that were abruptly curtailed by the enactment of the Legacy Act on the 1st of May. “I am not just standing up for my own rights, but for everyone affected by this legislation. It is unjust to deny victims their rightful inquests,” she insisted.
Amnesty International’s Gráinne Teggart offered her agreement, declaring, “The court now has the opportunity to rectify this historic injustice by prioritising the repeal of the Troubles Act.” She reinforced the need for a victim-focused system that places the needs of the victims above those of the offenders.
The Legacy Act, introduced into law the previous year, replaces the on-going procedures for criminal and civil investigations and inquests with inquiries managed by the newly established Independent Commission for Reconciliation and Information Recovery (ICRIR). This has been met with widespread opposition, including protests from victims’ relatives, aid groups, major political factions, both north and south, and also from the EU and the UN.
In February, the High Court deemed the most disputed element of the law, offering conditional amnesties to offenders, to be in violation of the European Convention on Human Rights (ECHR) and the Windsor Framework, ordering its discontinuation. Mr Justice Colton noted the absence of any proof substantiating claims that these amnesties would somehow aid reconciliation in Northern Ireland. He commented, “If anything, the evidence suggests the exact opposite”. Despite this, he admitted that aspects of the ICRIR’s work could be compliant with ECHR standards and requirements.
The UK administration is challenging certain parts of the verdict that has convicted it while the families of the victims of the Troubles are questioning the human rights adherence of the ICRIR. “As we approach the hearing, our major worries about this organization still exist,” commented Ms Teggart. “Investigations adhering to Article 2 of ECHR are necessary to ensure victims obtain truth and justice for their cherished ones.”
On July 4th, the UK will conduct a general election. The Labour party has previously stated that if it becomes the succeeding administration, it will reinstate legacy inquests and civil lawsuits. It also expressed its desire to ascertain if the ICRIR can earn the trust of the victims’ families.
Tony McGleenan KC, the legal representative of the UK government, initiated the appeal on Tuesday by outlining the past, failed attempts to rectify the legacy of the Troubles since 1998. The hearing is projected to proceed up until the following week. Supplementary report by PA.