Thursday, December 15, 2016

Troubled Legacy

From the BBC:
"Government has 'legal obligation' over Troubles deaths inquests"

The state has a legal obligation to ensure inquests into some of the most controversial killings of the Troubles take place, Northern Ireland's most senior judge has said. The Lord Chief Justice said a failure to do so could frustrate the rule of law. Sir Declan Morgan added that the government and Stormont Executive must address the issue urgently. There are 56 so-called legacy inquests involving 98 deaths. Earlier this year, the LCJ announced a plan he said would result in all of those inquests being heard within five years. First Minister Arlene Foster blocked a request for funding for the initiative. "I hoped that it would receive a sympathetic hearing, I was disappointed that there was no immediate response," said Sir Declan. "I hoped that in due course that the parties would be able to find a way forward, both those here within Northern Ireland and the secretary of state's office, but unfortunately so far that hasn't occurred." Secretary of State James Brokenshire could unilaterally provide funding for the initiative, but to date has chosen not to do so. Earlier this week he was asked several times by the BBC if he accepted that the British government was in breach of its legal obligations to ensure the inquests take place. He did not acknowledge that was the case.  After meeting Mr Brokenshire on Wednesday, Deputy First Minister Martin McGuinnness accused the British government of not being "serious about dealing with the legacy of the past". "The Lord Chief Justice has asked for funds for legacy inquests to be released immediately and the British government has a responsibility to do that," he said. The Lord Chief Justice was clear that "the state is under a legal obligation" to act as quickly as possible. "If the various agencies who are involved in examining this from a political point of view cannot reach an agreement then the danger is that the political process will end up frustrating the rule of law," he said. "The parties, it seems to me, who are involved in these discussions need to take into account that there is a need for reasonable expedition, so it is up to them, it seems to me, to address this matter urgently so as to ensure that they comply with the legal obligations that all of us face in this area. "This is not just a matter of policy, there is actually a legal obligation in relation to the legacy inquests." He said the legal obligation to act also includes the Northern Ireland Executive.  On Monday, Sinn Féin MLA Gerry Kelly told the BBC it was "appalling" that the families of those involved in the legacy inquests had not had their cases heard. In response, Sir Declan said: "I'm not surprised that the families feel incredibly frustrated by the process. "I may be disappointed that the work that we have done has not yet come to fruition, but for the families their degree of frustration having lived with these issues for so long must be all the greater and I recognise that." The Secretary of State has made it clear he wants legacy inquests to be part of a wider political agreement on how to deal with the past. He told the BBC on Monday that a planned consultation on the issue will now not take place until he has "broad political consensus". Sir Declan Morgan is eager for an agreement on legacy issues as quickly as possible. "I don't see why the wider political agreement should not be addressed now. All the victims and survivors need this issue to be grasped," he said. "This is the opportunity to do something about it. As the victims commissioner has said, there is a window of opportunity now, and we should not miss it."



^ It's clear that the parties involved: Stormont and London do not want the full scale of their crimes in Northern Ireland during the Troubles to be known or investigated. If they did or if they cared about following the Good Friday Peace Accords after 18 years then they would make solving the murders and crimes a priority and give them the money to do so. The British Government (both in Belfast and in London) has shown they are good at covering up their crimes. They hid the truth of Bloody Sunday for nearly 30 years - in which British Paratroopers murdered innocent people in cold-blood - they have since apologized for that crime, but haven't punished any of the people involved. It's the same thing the Germans did from 1945 until the 2000s. Every aspect of German society was filled with former Nazis and so while the Germans claimed to feel sorry for the victims of World War 2 and the Holocaust they did little to nothing to bring the murderers to justice (why would they when they were protecting their friends, family or themselves?) It is only now - over 70 years since the war that the Germans have really started to punish the murderers - mostly because the Nazis are either dead or too old. The UK should not be allowed to do the same thing with regards to The Troubles. If they are unable or unwilling to punish those responsible for the crimes (on ALL sides: Irish Catholics, Irish Protestants, British Military and the British Government) then a neutral body needs to come in and take over. ^


http://www.bbc.com/news/uk-northern-ireland-38322209

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