Britain guilty over Gibraltar

In an historic decision the European Court of Human Rights has found the British government guilty of violating Article Two of the European Convention, which protects a person's right to life. In the first decision of its kind against a government, the court stated that the British had failed to uphold "the standard expected of a democratic government" when they shot dead three IRA Volunteers in Gibraltar in 1988. The verdict, announced on September 27, was described by the relatives' legal representative, Barra McGrory, as "of enormous significance". It has obvious implications for others, such as relatives of those killed at Loughgall, Bloody Sunday, and others who have been victims of Britain's shoot-to-kill policy. The way is now open for many who have been denied justice by the legal system of the Six Counties. The events surrounding the deaths of the three, Máiréad Farrell, Daniel McCann and Seán Savage, on March 6, 1988, are now well known. However, from day one the British government tried to suppress the truth about these events, and so justify the actions of the SAS and of themselves. Despite statements by British ministers, it soon became clear that far from posing a threat, the three were unarmed, and indeed, as witnesses stated, Máiréad Farrell and Daniel McCann had their hands raised and Sean Savage was shot in the back. This SAS operation was described by the European Court as "careless and negligent" of the right to life, and there was "no justification for such use of force". The reaction has ranged from the predictable attempt by British ministers to undermine the significance of the judgment, to that of human-rights organisations which have welcomed the decision. British deputy prime minister Michael Heseltine stated that the European decision was "incredible", that the British government intended to ignore the court, and they were "going to do nothing" about it. A spokesperson for Amnesty International challenged these remarks, pointing out that the judgment "although not legally binding" said that "the right to life had not been adequately protected". Adding that the European verdict had "profound implications for the [British] government", the spokesperson hoped that "it would build up pressure for change". British deputy prime minister Michael Heseltine totally rejected the decision and said it would encourage a "terrorist mentality". Heseltine said plainly that British forces would do the same again. The Committee for the Administration of Justice (CAJ) found the verdict equally damning, stating that "without doubt it necessitates a fundamental overhaul of law and practice as regards the use of force by the security forces". They added: "A government which has freely committed itself to respect the minimum standards of the European Convention on Human Rights must not only respect these basic human rights, but also the judgment of the court". Fianna Fáil also recognised the significance of the judgment, and in a statement their spokesperson for foreign affairs, Ray Burke, stated that the British government had "from time to time resorted to terrorism, using their own paramilitary forces, the SAS and special units of the RUC". "The European Court did not believe the lies, the excuses, the smears and the cover-up that emanated from the highest level and that were echoed in a disreputable manner in sections of the British press", he said. Niall Farrell, Máiréad's brother, on behalf of the families, said that, with the court decision, they had been "totally vindicated in what we said". Barra McGrory pointed out the legal implications of the case, which had highlighted the inadequacy of the "domestic proceedings which had been abruptly terminated by the use of public interest immunity certificates". A key eyewitness to the shootings, Carmen Proetta, who was vilified by the British press, said that she was "very pleased for the families". She added that "it was sad that it should have happened", but "justice had been done in the end". Sinn Féin president Gerry Adams welcomed the "landmark decision". He pointed out that "this guilty verdict is only the tip of the iceberg in Britain's long 'dirty war' in Ireland, a war in which almost 400 people have died at the hands of the British state forces". "There is now a clear need for a full, independent and internationally based judicial investigation into all disputed killings by British forces."
[Abridged from An Phoblacht/Republican News.]