Strasbourg court rules against UK in security forces cases
16/07/2013 - 4:28pm
The European Court of Human Rights (EctHR), based in
Strasbourg, has today (16 July) ruled against the United Kingdom in two
separate cases relating to the period of conflict in Northern Ireland.
The rulings, relating to cases of deaths at the hands of security forces during the period of conflict in Northern Ireland, known as the troubles, will do nothing to placate the growing tide of mistrust by the UK establishment towards the Strasbourg court.
The cases of McCaughey and Others versus the United Kingdom, and Collette and Michael Hemsworth versus the United Kingdom both involved deaths at the hands of British security forces.
The judgements were critical of the United Kingdom's government to carry out proper inquires into deaths during the troubles.
In the McCaughey case, it was found that two IRA suspects, Martin McCaughey and Desmond Grew, who were shot dead by security forces in 1990, but here had been “inordinately long periods of inactivity” between the incident and full disclosure to the families of the deceased.
The judgement said that this could not be considered compatible with the UK's right to life obligation, which guarantees “the effectiveness of investigations into suspicious deaths.”
The second case, relating to the death of John Hemsworth in 1998 of a cerebral infarction, whereby the victim died of a brain haemorrhage after reportedly been set-upon by RUC officers pursuing a group of other people, also followed the principle that the government had failed to act swiftly enough. According to the judges' verdict, his death amounted to a failure to protect the right to life by “reason of excessive investigative delay.”
The court awarded damages of €20,000 to Collette and Michael Hemsworth, as well as costs of €11,000, and in respect of costs and expenses, €14,000 to Brigid McCaughey, Pat Grew and Letitia Quinn.
The rulings, relating to cases of deaths at the hands of security forces during the period of conflict in Northern Ireland, known as the troubles, will do nothing to placate the growing tide of mistrust by the UK establishment towards the Strasbourg court.
The cases of McCaughey and Others versus the United Kingdom, and Collette and Michael Hemsworth versus the United Kingdom both involved deaths at the hands of British security forces.
The judgements were critical of the United Kingdom's government to carry out proper inquires into deaths during the troubles.
In the McCaughey case, it was found that two IRA suspects, Martin McCaughey and Desmond Grew, who were shot dead by security forces in 1990, but here had been “inordinately long periods of inactivity” between the incident and full disclosure to the families of the deceased.
The judgement said that this could not be considered compatible with the UK's right to life obligation, which guarantees “the effectiveness of investigations into suspicious deaths.”
The second case, relating to the death of John Hemsworth in 1998 of a cerebral infarction, whereby the victim died of a brain haemorrhage after reportedly been set-upon by RUC officers pursuing a group of other people, also followed the principle that the government had failed to act swiftly enough. According to the judges' verdict, his death amounted to a failure to protect the right to life by “reason of excessive investigative delay.”
The court awarded damages of €20,000 to Collette and Michael Hemsworth, as well as costs of €11,000, and in respect of costs and expenses, €14,000 to Brigid McCaughey, Pat Grew and Letitia Quinn.
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