British government influence over independent public inquiries into security force collusion in Northern Ireland is to be challenged at the UN.
The 2005 Inquiries Act allows a British government minister to rule when a probe sits in public or private because of national security concerns.
With the family of murdered Belfast solicitor Pat Finucane opposed to an investigation under the Act, campaigners meet the UN in Switzerland tomorrow.
Committee for the Administration of Justice (CAJ) legal adviser Abed Natur said: “Cumulatively the provision of the Inquiries Act I think would minimise to a certain extent the independence of the inquiry.
“There has to be structural and hierarchical independence in theory and practice.
“The money has to come from government but they have to put in place provisions to ensure the independence of the inquiry.”
Northern Ireland Secretary Shaun Woodward also has the right to suspend a public inquiry or delay publication of its reports.
Mr Finucane (39) was shot dead at his north Belfast home in 1989 by the loyalist Ulster Defence Association (UDA).
Retired Canadian judge Peter Cory investigated the alleged official collusion and ordered the inquiry.
He has since said the new legislation would make a meaningful investigation impossible.
The NIO has claimed nothing would be withheld in the Finucane case.
However, because of national security, it added that a large proportion of evidence would have to be considered in private.
Loyalist Ken Barrett (41) was sentenced to life for Mr Finucane’s murder, after admitting his part in the killing.
Alleged police non co-operation in the inquiry into the murder of Loyalist Volunteer Force (LVF) leader Billy Wright (47) by republicans in the high-security Maze prison in December 1997 will also be covered in the briefing to the UN Committee on Civil and Political Rights in Geneva.
Other issues being raised include:
- The British government’s refusal to extend the terms of reference of the inquiry into the death of Robert Hamill (25) beaten to death by a loyalist mob in Portadown, Co Armagh, in 1997 while police in a Land Rover near the scene allegedly failed to intervene;
- The continuation of trials without a jury, aimed at dealing with paramilitaries who pose a threat to members of the panel, despite the ending of the Diplock court system which introduced them;
- Maintaining anti-terrorist legislation when the conflict is effectively over.
Police Service of Northern Ireland Chief Constable Sir Hugh Orde has warned that the threat from dissident republicans opposed to the peace process is at its highest level for five years.
They have attempted to kill five police officers. Progress on the Bill of Rights and Sir Hugh’s advocacy of Tasers for some public order situations is also to be brought up.
PA