Policing
and human rights after the conflict
by Brice Dickson
11. One of the recommendations of the Macpherson Inquiry into the murder
of Stephen Lawrence was that the principle of double jeopardy should be
re-formulated so as to allow for second trials, if new evidence is forthcoming
which might have led to a finding of guilt at the first trial: Cmnd. 4262-I
(1999) para 7.46. The Law Commission issued a Consultation Paper on the
subject later in 1999 (no. 156) but provisionally recommended rejection
of the Macpherson suggestion.
12. HC Debates, 19 January 2000. Col 847.
13. Consolidated in the Fair Employment and Treatment (NI) Order 1998.
14. I.e. the European Court of Human Rights in Strasbourg and the European
Court of Justice in Luxembourg.
15. The two vital decisions of the European Court of Justice are those in
Kalanke v Freie Hansetadt Bremen (1995) ECR I-3051 and Marschall v Land
Nordrhein-Westfalen (1997) ECR I6363.
16.HC Debates 19 January 2000. Col. 847
17. Ibid. Col. 846
18. the Committee on the Administration of Justice is the most prominent
and most expert independent civil liberties non-government organisation
in Northern Ireland.
19. The Stalker-Sampson Reports concern allegations of a shoot to kill policy
on the part of the RUC. The Stevens Report deals with allegations of collusion
between the police and some loyalist paramilitary organisations.
20. Annual Reports of the Independent Commission for Police Complaints.
21. Police (NI) Act 1998.s 55(6)
22. For a useful account of the relevant international standards relevant
to this field see R. Crawshaw, B. Devlin and T. Williamson, Human Rights
and Policing (The Hague, Kluwer Law International 1998) especially chs 7
and 8
23. See B. Dickson 'Northern Ireland and the European Convention' in B.
Dickson (ed) Human Rights and the European Convention (London, Sweet & Maxwell
1997).
24. See, eg Kaya v Turkey (1999) 28 EHRR 1 Gulec v Turkey (1999) 28 EHRR
121 and Yasa v Turkey (1999) 28 EHRR 408.
25. These powers are conferred by the Prevention of Terrorism (Temporary
Provisions) Act 1989 (mostly the power to arrest and detain) and the Northern
Ireland (Emergency Provisions) Act 1996.
26. On 10 December, 1999, the Chief Constable announced that Castlereagh
Holding Centre would close in the near future.
27. HC Debates 19 January 2000, Col. 847. |
