NI: Disputed killings by security forces
01 September 1991
Since 1985, Amnesty International has been calling on the British government to establish new procedures which would ensure that the full facts behind disputed killings by the security forces (otherwise known as "shoot to kill" incidents) are brought into the public arena. Specifically, Amnesty International would like to see an independent judicial inquiry set up to investigate all disputed killings since 1982. This would include the killings at the centre of the Stalker/Sampson investigation, the findings of which were never published. Although in this case the Attorney General said the investigation revealed evidence that RUC officers had conspired to pervert the course of justice, he decided that none would be prosecuted - in the interests of national security . Yorkshire TV's award winning drama documentary, Shoot to Kill, based on events surrounding the Stalker affair has been broadcast in Britain but not in Northern Ireland. It was due to be screened by RTE on 9th August but was withdrawn at the last minute despite extensive pre-broadcast publicity. The programme was withdrawn seemingly because of the possibility of Sir John Hermon, former Chief Constable of the RUC issuing libel proceedings against RTE.
In recent years, the United Nations Special Rapporteur on summary or arbitrary executions has set out the minimum requirements for proper investigations into such cases, and these were endorsed by the UN General Assembly in 1989 as "The United Nations Principles on the Effective Prevention and Investigation of Extra-Legal, Arbitrary and Summary Executions". Amongst other things, the principles call for thorough, prompt and impartial investigation, and for powers to obtain all necessary information. All information relevant to the investigation should be made available to families of the deceased and a written report should be published. If normal procedures do not allow for the application of such principles then special public inquiries should be established.
Because of the absence of such procedures, the family of Fergal Caraher (20), who was shot dead at Cullyhanna by soldiers on 30th December last year, called for the setting up of a public inquiry, a request denied by the government. Indeed, the family have even been denied access to the autopsy report. Hence local people set up their own inquiry with the assistance of the Irish National Congress and the Cullyhanna Justice Group. Over the weekend of 22/23 June, Michael Mansfield QC chaired a panel of legal experts from the USA and Europe which took evidence on the killing. On the final day of the inquiry, the shooting was reconstructed largely from the evidence of Michael Caraher (Fergal's brother) who survived the attack. A full report will be sent to the DPP, the Irish government and human rights groups. In another disputed killing in September 1990, two West Belfast joyriders Karen Reilly and Martin Peake, were shot dead by soldiers who claimed they opened fire because one of them had been hit by the car being driven by Peake. In a Panorama programme broadcast on 22nd July, a witness claimed that the soldiers faked an injury after the shooting to make it look as if one of them had been hit by the car. Shortly after the programme six soldiers from the Parachute Regiment appeared in court to face charges in connection with the incident. Three are charged with the attempted murder of Peake and one, Private Lee Clegg, with the murder of Reilly. At the remand hearing, the only RUC officer on patrol with the sixteen soldiers present at the shooting gave evidence that he had heard the soldiers deciding on who was to be the one supposedly hit by the car. This soldier then lay on the ground while another struck him on the leg.
Irish News 24.6.91.