Finucane's right to life was violated
01 August 2003
On July 1 the European Court of Human Rights (ECHR) unanimously found that human rights lawyer, Patrick Finucane's right to life, which is protected under section 2 of the European Convention of Human Rights, was violated by an "inadequate investigation into his death". The ECHR criticised almost every aspect of the government’s investigation into Finucane's murder, which was carried out by a loyalist death squad acting with the assistance of British security personnel in February 1989 (see Statewatch vol. 2, no 5, vol. 4 no. 3, vol. 8 no. 2). It found that the police investigation into Finucane's murder, "had been conducted by officers who were part of the police force suspected by the applicant [Mrs Finucane] of making death threats against her husband" leading to a "lack of independence" and raising "serious doubts as to the thoroughness or effectiveness with which the possibility of collusion had been pursued."
The inquest had "failed to address serious and legitimate concerns and could not be regarded as having constituted an effective investigation." Inquiries investigating Finucane's death "had not been made public, so the necessary elements of public scrutiny and involvement of the family were missing." The Director of Public Prosecutions (DPP) was also criticised for failing to explain his reasoning behind decisions not to prosecute and failing to provide information to reassure "the applicant and the public that the rule of law had been respected."
Surprisingly, in light of these devastating criticisms of the UK and Northern Ireland criminal justice system the Court "did not consider it appropriate to indicate that the Government should hold a fresh investigation into Mr Finucane's death". The Committee on the Administration of Justice (CAJ) has called for the publication of the Stevens reports, an explanation from the DPP for the many controversial decisions that have been made in the Finucane case and "most importantly of all, to immediately establish an independent, international public inquiry."
"Case of Finucane v. the United Kingdom" (Application no. 29178/95) Strasbourg 1.7.03; ECHR press release "Chamber judgement in the case of Finucane v. the United Kingdom" 1.7.03; Just News (CAJ) July/August 2003. Just News, 45/47 Donegall Street, Belfast BT1 2BR, Tel. (028) 9096 1122.