British and Irish government plans to allow so called "on the run" paramilitary suspects to return to Northern Ireland are being referred to the European Commission, it emerged tonight.
Democratic Unionist MEP Jim Allister has written to the Justice Commissioner inviting him to consider whether the "On the Runs" (OTRs) legislation in Britain is in accordance with Europe's level of expectation in regard to the protection of the human rights of victims.
At the same time, the Northern Ireland Human Rights Commission voiced its concerns about the legislation directly with the Northern Ireland Security Minister.
Mr Allister said in his letter to the Commissioner that in the government Bill a special process would be created whereby OTRs could not be arrested or detained, did not have to attend court, could never be imprisoned and never questioned about their crimes - all while their identity was kept secret.
He wrote: "I respectfully suggest that this proposed legislation involves such a denial of the human rights of victims, particularly the right to have an effective remedy, that you should show an interest in it and give us the benefit of your opinion."
Victims of violence were, within the EU, recognised as having various human rights, including the right to an effective remedy before a national authority, said Mr Allister.
He asked the Commissioner: "How can a process which deliberately sets out to give special treatment to the perpetrators of crimes, often murder, so that they are kept out of prison, even approach providing an effective remedy for the victims of these crimes?"
The MEP said the legislation was "a shameful farce and gross abuse of both the human rights of victims and the judicial process".
