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NI in brief

01 January 1996

Britain loses again:The European Court of Human Rights has once again ruled against Britain in a case involving the conviction of John Murray. Murray claimed that he was denied proper legal advice while held under the 1987 Northern Ireland (Emergency Provisions) Act, and that it was wrong for the trial judge to infer guilt from Murray's silence. In a 14 to five judgement, the Court ruled that inferring guilt from silence did not necessarily violate the principle of the presumption of innocence. The Court ruled, however, that 48 hours was too long a period to deny legal representation. This ruling on the violation of the Convention may lead to a flood of appeals according to the Committee on the Administration of Justice which claims that around 100 prisoners in the North could pursue cases based on the ruling. Irish Times, 9.2.96. US Transfers Irish Prisoner: Three months after Ireland signed the International Convention on the Transfer of Sentenced Prisoners, the US Justice Department agreed to transfer Michael Martin from Oakdale prison, Louisiana, back to Ireland at the end of January. Martin was serving 16-months for a charge relating to the purchase of detonators. Irish Times, 30.1.96.