Northern Ireland: UKSC: No investigation into Pat Finucane’s death so far has been Article 2 compliant

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"The widow of murdered Belfast solicitor Pat Finucane has been granted a declaration that the state has failed to deliver an Article 2 compliant investigation into the death of her husband, who was shot and killed by loyalist paramilitaries in collusion with the UK security forces."

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See: UKSC: No investigation into Pat Finucane’s death so far has been Article 2 compliant (Irish Legal News, link):

"In a unanimous judgment, Lord Kerr of Tonaghmore found that the undertaking to carry out a public inquiry was clear and unambiguous, and that Mrs Finucane had a legitimate expectation that this would be complied with. However, he said that the law was clear that government may resile from that undertaking if “macro-political” issues of policy supervene, and accordingly dismissed this part of the appeal.

On the second issue, of whether the state had failed to meet its procedural obligations under Article 2 ECHR, Lord Kerr said that the many shortcomings of Desmond de Silva’s review attested to the fact that it was not an Article 2 compliant inquiry, and that an Article 2 compliant inquiry into the death of Patrick Finucane had not yet taken place."

See: JUDGMENT In the matter of an application by Geraldine Finucane for Judicial Review (Northern Ireland) (pdf)

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