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Conference tallis::celt

Title:	Celt Notefile

Moderator:	TALLIS::DARCY

Created:	Wed Feb 19 1986
Last Modified:	Tue Jun 03 1997
Last Successful Update:	Fri Jun 06 1997
Number of topics:	1632
Total number of notes:	20523

1300.0. "AI report on Diplock Courts" by KOALA::HOLOHAN () Sat Dec 18 1993 17:13

        UNITED KINGDOM/NORTHERN IRELAND
        Unfair Trials in Diplock Courts

Trials for security offenses in Northern Ireland, heard in one-judge,
juryless courts known as "Diplock Courts," fail to meet international
standards, says Amnesty International.  Reduced standards apply for
admissibility of evidence and those who remain silent during
interrogation or trial can be assumed guilty.  People detained under
emergency legislation in the province can also be denied access to
lawyers for multiple 48-hour periods, including during interrogation
sessions.

In May 1993 five young men, known as the "Beechmont Five," were brought
to trial before a Diplock Court after more than two years in custody.
They were charged with murdering a police officer, whose killing in 1991
had been attributed to the Irish Republican Army.  They alleged that
they were ill-treated during incommunicado detention, and forced to
sign false "confessions," which formed the sole evidence against them.
On July 5 the court acquitted one of the accused of all charges and
dropped the murder charges against the other four after they agreed to
plead guilty to new, lesser charges of "communicating information likely
to be of help to terrorists."  If they had not done so, they might have
remained in custody for up to a year before their case was ruled on.

Between January 1989 and December 1992, 41 other people were tried in
group trials in Diplock Courts in connection with the shooting of two
soldiers.  Twenty one people have been convicted on charges including
false imprisonment and grievous bodily harm; five are serving life
sentences for murder, although none of them were alleged to have carried
out the fatal shootings.

Many of the trials were unfair; the defendants were denied prompt access
to lawyers and were not allowed to have lawyers present during
interrogation.

In May Amnesty International wrote to the British Government urging it
to initiate an independent inquiry into the events leading up to the
murders of the soldiers and to review the cases of all those convicted.
By the end of June, AI had received no response.

T.R	Title	User	Personal Name	Date	Lines
1300.1		YUPPY::MILLARB		`Mon Dec 20 1993 06:03`	9
	Hey Mark Terrific note. We should use the IRA's style of court. This is called the Knee Capping Court and like the Diplock Court Requires no Jury. Want to do a swap ? Regards Bruce
1300.2		KOALA::HOLOHAN		`Mon Dec 20 1993 12:17`	11
	Hey Bruce, How about trying justice instead? Perhaps you should ask yourself if it's right for your Government to imprison innocent people as part of collective punishment for a community. Maybe you should think about the morality of forced confessions, and jury-less trials. Mark
1300.3		NOVA::EASTLAND		`Mon Dec 20 1993 12:33`	7
	.. My, my, such righteous indignation - this from someone who maintains the IRA are freedom fighters who don't intentionally blow up anyone. Add this to your unanswered question pile. Why is Reynolds' party rumored to be considering selexctive internment if IRA continue their campaign. What a bore you are.
1300.4		KOALA::HOLOHAN		`Mon Dec 20 1993 12:57`	5
	re. .3 An injustice is still an injustice whether it's commited by the British, or the Irish government. Mark
1300.5		KERNEL::BARTHUR		`Mon Dec 20 1993 13:01`	9
	It's even simpler than that. Democracy and justice can only exist with the goodwill of the people that live in it. NI is hardly the epitomy of a civilised society. The base note, like most of the others from the same source is a blinkered view of reality and not even worth commenting on. Bill
1300.6		NOVA::EASTLAND		`Mon Dec 20 1993 13:01`	5
	Oh right, it's an injustice to lock up known IRA members unless they're caught planting a bomb. It may be a curtailment of civil liberties but it's hardly injustice.
1300.7		SUBURB::FRENCHS	Semper in excernere	`Tue Dec 21 1993 07:47`	20
	After a peace agreement has been reached all terrorist prisoners should be looked at. If they actually are guilty of causing injory or death then they should stay inside for the duration of their sentence. If they are guilty of cause damage then the sentence should be reduced, maybe by 50%. If there is no or weak evidence to suggest an actual offence has been commited then they should be released after a suitible period of time after the case has been looked at, viz to give the police time to obtain _proper_ evidence. This time should not be too long. There should be a commision set up to investigate all cases and no cases should be delayed just to keep people in prison. This of course can only be achieved if all paramilitaries agree to end activities. If both republican and nationalist paramilitaries do indeed agree to a perm. cessation to hostilities and can show they mean it then the army should be withdrawn. Happy Christmas and peace to all. Simon
1300.8		HERING::DODONNELL	Going, going.......	`Tue Dec 21 1993 08:38`	15
	There is a process in place at the moment whereby prisoners can recieve 50% remission if they renounce violence and disassociate themselves from the paramilitaries. This process could be broadened in the event of a permanent cessation of violence. Austin Currie said last night that the British will agree to something but it will not be called an amnesty. A "review of sentences" will probably be a more apt phrase. I was reading recently that one of the Shankill butchers had "found God" and will be eligible for parole at Christmas. This will probably mean that he will get an early release. If one of these monsters can be released, anybody can be released. Denis.