Collusion and Cover-up in the UK:
The killings of Patrick Finucane and of Rosemary Nelson

• Background
• current documents: Collusion and Impunity
• back to West Europe

• 22 March 2005
  The Inquiries Bill - the Wrong Answer
  EUR 45/008/2005
• November 2004
  UK announces inquiry into killing of Patrick Finucane
• EUR 45/025/2004
  UK: public judicial inquiries into the killings of Robert Hamill, Billy Wright and Rosemary Nelson An Open Letter from Amnesty International, British Irish Rights watch and the Committee on the Administration of Justice
• EUR 45/024/2004
  UK: An inquiry into Finucane - but what kind?
• EUR 01/005/2004
  Europe and Central Asia: Summary of Amnesty International's Concerns in the Region January - June 2004
• 1 April 2004
  Government's failure to immediately establish public inquiry into killing of Patrick Finucane is shameful
• 30 March 2004
  Rights groups call for public inquiries
• 18 December 2003
  Publish Cory reports now, human rights groups urge government
• October 2003
  Impunity: legacy of the past
• July 2003
  Update to killings in Northern Ireland
• July 2003
  Human rights group welcome European ruling on Finucane case...
• April 2003
  Stevens 3 inquiry ...
• April 2003
  The Guardian: UDA spy's death sparks fresh call for public inquiry
• September 2002
  Impunity: legacy of the past...
• June 2002
  Collusion in Northern Ireland - ... about a Panorama documentary
• June 2002
  Stevens Inquiry #3
• February 2002
  No inquiry 13 years later - call for public judicial inquiry
• January 2002 and earlier
  further documents

• 22 March 2005
  The Inquiries Bill - the Wrong Answer
  EUR 45/008/2005
• EUR 45/025/2004
  UK: public judicial inquiries into the killings of Robert Hamill, Billy Wright and Rosemary Nelson An Open Letter from Amnesty International, British Irish Rights watch and the Committee on the Administration of Justice
• EUR 01/005/2004
  Europe and Central Asia: Summary of Amnesty International's Concerns in the Region January - June 2004
• 18 December 2003
  Publish Cory reports now, human rights groups urge government
• July 2003
  Update to killings in Northern Ireland
• June 2002
  Chief suspect in the killing of human rights defender Rosemary Nelson is found dead in his cell at Maghaberry Prison
• January 2002 and earlier
  further documents

In May media sources reported that an investigation by the Police Ombudsman of Northern Ireland had exonerated the Police Service of Northern Ireland of any blame for the killing of Loyalist William Stobie, a police agent and a Loyalist paramilitary quartermaster who, among other things, had supplied the gun used to kill Patrick Finucane. Early in the year, the families of Patrick Finucane, Rosemary Nelson, Robert Hamill and Billy Wright were forced to issue judicial review proceedings in the High Court in Belfast on account of the UK authorities’ failure to publish the reports by Justice Cory into allegations of state collusion in these killings. Early in February, frustrated by the UK authorities’ failure to publish his reports in the Northern Irish cases, Justice Cory publicly confirmed that he had recommended four separate public inquiries into the Northern Irish cases.

Eventually, after an unconscionable delay of nearly six months, on 31 March -- only one day before publication -- the families of Patrick Finucane, Rosemary Nelson, Robert Hamill and Billy Wright were given a copy of the relevant report by Justice Cory.

On the eve of the publication of the Cory report, AI and other international and domestic human rights non-governmental organizations made a number of recommendations to the UK authorities regarding the establishment of the inquiries. These included: a) a commitment from the UK authorities in the immediate aftermath of the publication of each report that they would promptly establish four separate public inquiries, as recommended by Justice Cory; b) prompt consultation with each family concerned to establish accurately their views about the inquiry into the killing of their deceased relative; c) that each inquiry should be established, constituted and conducted in such as way as to ensure its competence, independence and impartiality, in particular that each inquiry not only be independent and impartial but that it also be seen to be so; d) that the inquiries be conducted in public, and ensure the maximum possible participation of the families concerned; e) that the inquiries be empowered to compel discovery and disclosure of documents, and have subpoena powers to compel the attendance of witnesses; and f) that each inquiry’s report be made public.

On 1 April the UK authorities published the above-mentioned reports, and simultaneously announced the establishments of public inquiries in all but one case, that of Patrick Finucane. Instead, their response to the Cory report on the Finucane case only referred to "set[ting] out the way ahead at the conclusion of prosecutions". The UK authorities refused to announce a public inquiry in the Finucane case despite Justice Cory’s unequivocal conclusion that in the case of Patrick Finucane he was "satisfied that there is a need for a public inquiry", and that "only a public inquiry will suffice".

Immediately, AI expressed profound concern that using one outstanding prosecution as the excuse for not establishing such an inquiry further undermined the UK government’s credibility and raised more questions as to its real intention. AI considered that the only inevitable conclusion that it could draw from the failure of the UK authorities to establish an inquiry in the Finucane case was that, once again, the UK authorities were making every effort to avoid it.

In this connection, AI also expressed dismay at the severe delays in the prosecuting authorities’ decision-making process. In the reporting period, the organization was informed that the Office of the Director of Public Prosecutions in Northern Ireland had been "considering" whether or not to institute criminal proceedings "in respect of members and former members of Her Majesty’s Forces" since receiving a number of files from the "Stevens III" investigation on 15 April 2003. The organization was also informed that "decisions as to prosecutions are not anticipated to be taken before autumn 2004". AI failed to grasp why decisions, based on detailed submitted files, should require a year and a half’s delay.

In light of this, and given the timing of the only outstanding prosecution arising from the killing of Patrick Finucane -- listed to start on 13 September of this year -- AI was concerned that should this prosecution collapse, charges may conveniently be brought against other individuals so as to further delay a public inquiry.

In late June, AI also expressed concern to the UK authorities that despite their announcement on 1 April of public inquiries into allegations of state collusion in the killings of Rosemary Nelson, Robert Hamill and Billy Wright, they had been deliberately delaying the establishment of such inquiries. In light of the already unconscionable delay of nearly six months in the publication of the Cory reports, AI considered that these further delays were inexcusable. The organization requested to be informed why the above-mentioned inquiries had not been established yet; what steps, if any, the UK authorities were taking to consult with the families concerned and with non-governmental organizations that had been campaigning for these inquiries over the years as to the inquiries’ respective remits; and finally, the authorities’ timetables for their establishment.

Government's failure to immediately establish public inquiry into killing of Patrick Finucane is shameful

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1 April 2004

In failing to establish an immediate public inquiry into the killing of human rights lawyer Patrick Finucane, the UK government is making a mockery of its commitment to ascertaining the truth and to the rule of law, said Amnesty International today. Using one outstanding prosecution as the excuse further undermines the government 's credibility and raises more questions as to its real intention.

source - AI Index: EUR 45/015/2004

Rights groups call for public inquiries

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30 March 2004

Tomorrow, after an unconscionable delay, the families of Patrick Finucane, Rosemary Nelson, Robert Hamill and Billy Wright will finally receive a copy of the relevant report by Justice Peter Cory in each of the above-mentioned cases of killing involving allegations of state collusion on the part of the UK authorities.

Amnesty International, British Irish Rights Watch, the Committee on the Administration of Justice, Human Rights First and Human Rights Watch strongly believe that the public inquiries which Judge Cory has recommended in each of the above-mentioned case can only be effective in uncovering the truth and finally allaying public concern about allegations of state collusion if they are capable of enlisting the support and cooperation of the families concerned, and the confidence of the general public.

source - AI Index: AI Index: EUR 45/014/2004

United Kingdom: Publish Cory reports now, human rights groups urge government

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18 December 2003

Five leading human rights organisations today called upon the British government to publish without delay the reports by Judge Peter Cory, a retired Canadian Supreme Court Judge, into the deaths of Patrick Finucane, Robert Hamill, Billy Wright and Rosemary Nelson. [...]

The groups expressed concern that the delay was causing distress to the families concerned, and that it also continued to undermine public confidence in the rule of law. [...]

Background
Justice Peter Cory was appointed by the UK and Irish governments in May 2002 to investigate a number of cases including the killings of human rights lawyers Patrick Finucane and Rosemary Nelson, in 1989 and 1999, respectively; the 1997 sectarian killing of Robert Hamill, a 25-year-old Catholic man; and the 1997 killing of Billy Wright, a leading Loyalist paramilitary, shot dead in the Maze prison.

source - AI Index: EUR 45/031/2003

Impunity: legacy of the past "Stevens 3" summary report on collusion

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October 2003
On 16 April, on the eve of the delivery by Sir John Stevens, the Metropolitan Police Commissioner, of his long-awaited report into matters of collusion in Northern Ireland, known as "Stevens 3", to the Chief Constable of the Police Service of Northern Ireland (PSNI), AI and other domestic and international NGOs renewed their call on the UK authorities to establish forthwith a full, public, international, independent and impartial judicial inquiry into all the circumstances surrounding the 1989 killing of human rights lawyer Patrick Finucane (see "In the Finucane case, nothing short of a full, public, international, impartial and independent judicial inquiry will do", AI Index: EUR 45/002/2003).

A few days prior to the publication of a summary of the "Stevens 3" report, the media reported the death of Brian Nelson, a member of the British Army who had directly assisted Loyalist paramilitaries in the targeting of Patrick Finucane and others for assassination. AI and the other NGOs emphasized how his death further underlined the need for the immediate establishment of a public inquiry in the Finucane case since continuing to delay such an inquiry may well result in other key testimonies eventually avoiding public scrutiny. The allegations arising from the case of Patrick Finucane include claims that his killing was the result of state policy. The evidence of collusion and subsequent cover-ups in the case implicates at least three intelligence agencies: the Special Branch of the former Royal Ulster Constabulary (RUC), whose members have been assimilated into the current PSNI; the British Army's secret intelligence unit known as the Force Research Unit (FRU); and MI5, the UK's secret service.

Among other things, the published summary of the "Stevens 3" report confirmed widespread collusion between state agents and Loyalist paramilitaries and "the extreme of agents [of the state] being involved in murder". With respect to the killing of Patrick Finucane, the published summary noted that his murder "could have been prevented" and confirmed that there was collusion in the killing and the circumstances surrounding it. It also found that "the RUC investigation of Patrick Finucane's murder should have resulted in the early arrest and detection of his killers". The published summary also found that the RUC failed to protect both sides of the community in Northern Ireland equally by, among other things, the withholding of evidence and intelligence. The summary also officially and in a high-profile, public way confirmed the existence of the FRU which had been staffed by members of the British Army and British Army agents who had actively colluded with Loyalist paramilitaries in targeting people, including Patrick Finucane, for assassination. At the time of the publication of the summary of the "Stevens 3" report, it was confirmed that more than 50 individual files pertaining to serving and retired army personnel and police officers had been sent by the Stevens team to the Northern Ireland Director of Public Prosecutions for a decision with respect to the institution of criminal proceedings.

In the aftermath of the publication of the summary of the "Stevens 3" report, one individual was charged with, among other things, the killing of Patrick Finucane. At a court appearance he protested all involvement in the offences with which he had been charged and, referring to the killing of Patrick Finucane, he claimed that he had been entrapped. (Excerpt from "Concerns in Europe, January - June 2003")  

Update to killings in Northern Ireland

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July 2003

UK: On 17 April 2003, Sir John Stevens, the Metropolitan Police Commissioner, delivered his report on his third investigation into matters of collusion in Northern Ireland, known as "Stevens 3", to the Chief Constable of the Police Service of Northern Ireland. However, only a short summary of the full 3,000-page Stevens report was made public, thus preventing a full public scrutiny of its content. Sir John concluded that there had been collusion in the killing of human rights lawyer Patrick Finucane, as in other killings, and that his death could have been prevented. In light of this, Amnesty International together with a number of other NGOs reiterated their call to the UK authorities to establish forthwith a full, public, international, independent and impartial judicial inquiry into all the circumstances surrounding the 1989 killing of Patrick Finucane.

In February, in their reports to the UN Commission on Human Rights, the Special Representative of the Secretary-General on human rights defenders and the Special Rapporteur on the independence of judges and lawyers expressed concern at the government's failure to establish public judicial inquiries into the killings of Patrick Finucane and Rosemary Nelson in Northern Ireland.

In May the UK and Irish governments announced the appointment of Justice Peter Cory, a former Canadian Supreme Court judge, to investigate a number of killings in which the security forces had allegedly colluded. The cases were: Patrick Finucane; Rosemary Nelson; Robert Hamill; Harry Breen and Bob Buchanan, two police officers; Lord Justice Maurice and Lady Cecily Gibson; and Billy Wright. Justice Cory began work in June.

source: Concerns in Europe January - June 2003

UK: Human rights group welcome European ruling on Finucane case

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July 2003

The European Court of Human Rights found that Patrick Finucane's right to life, which is protected under Article 2 of the European Convention on Human Rights, had been violated in a number of ways, of which the fifth and last is:

The Stevens 3 investigation, coming some ten years after the murder, "cannot comply with the requirement that effective investigations be commenced promptly and conducted with due expedition. It is also not apparent to what extend, if any, the final report will be made public, though a summary overview has recently been published."

• To publish the reports of Stevens 1, 2, and 3.
• To ensure that the Director of Public Prosecution (DPP) gives full reasons for the many controversial decisions that have been made in relation to the Finucane case, and
• MOst important of all, to immediately establish an independent, international public inquiry with full judicial powers of discovery and subpoena.

In the Finucane case, nothing short of a full, public, international, impartial and independent judicial inquiry will do Press Statement from Amnesty International, British Irish Rights Watch, the Committee on the Administration of Justice, Human Rights Watch and the Lawyers Committee for Human Rights

According to credible media claims, the "Stevens 3" team had originally prepared a 45-page summary of the full report for publication. The full report, which runs to 3,000 pages, will not be made public.

However, it appears now that only a 15-page summary of the full report is to be published tomorrow. The apparent explanation for this two-thirds reduction in length is the need to prevent prejudicial material capable of undermining future potential prosecutions from being made public. Given that Sir John Stevens, one of the UK's most experienced police officers, would presumably have signed off on the original 45-page summary, this explanation beggars belief. The human rights organizations are concerned that the original summary of the full report may have been drastically cut so as to shield some of its contents from public scrutiny.

AI Index: EUR 45/002/2003 (Public)

The Guardian, Monday April 14, 2003 UDA spy's death sparks fresh call for public inquiry Army double agent linked to Finucane murder dies of cancer by Rosie Cowan, Ireland correspondent "As UDA chief intelligence officer, [Brian Nelson] compiled dossiers on targets for assassination, including information that led the group to Finucane, who was shot dead in front of his family as they ate dinner in February 1989."

and: The Guardian, Tuesday April 15, 2003 Terrorism sponsored by Britain by Beatrix Campbell "Although Stevens has been quarrying for evidence since 1990, it took the Canadian Judge Cory to guide him to "intelligence" files he had discovered after only three months."

"18.  Both Governments want the new policing arrangements now being established to focus on the future. But they also accept that certain cases from the past remain a source of grave public concern, particularly those giving rise to serious allegations of collusion by the security forces in each of our jurisdictions. Both Governments will therefore appoint a judge of international standing from outside both jurisdictions to undertake a thorough investigation of allegations of collusion in the cases, of the murders of Chief Superintendent Harry Breen and Superintendent Bob Buchanan, Pat Finucane, Lord Justice and Lady Gibson, Robert Hamill, Rosemary Nelson and Billy Wright.

19.  The investigation of each individual case will begin no later than April 2002 unless this is clearly prejudicial to a forthcoming prosecution at that time. Detailed terms of reference will be published but the appointed judge will be asked to review all the papers, interview anyone who can help, establish the facts and report with recommendations for any further action. Arrangements will be made to hear the views of the victims' families and keep them informed of progress. If the appointed judge considers that in any case this has not provided a sufficient basis on which to establish the facts, he or she can report to this effect with recommendations as to what further actions should be taken. In the event that a Public Inquiry is recommended in any case, the relevant Government will implement that recommendation." (Northern Ireland Office: www.nio.gov.uk)