High Court to Hear Challenge Against Troubles Legacy Act, Sparks International Concern
A challenge against the Troubles Legacy Act will be heard by the High Court, raising international concerns over its implications. Mr Justice Colton, a High Court judge, will preside over the case at the Royal Courts of Justice in Belfast, Northern Ireland.
Despite facing widespread opposition from political parties, victims’ organizations, and the Irish government, the Northern Ireland Troubles (Legacy and Reconciliation) Act received royal assent in September. This legislation includes provisions for a limited form of immunity from prosecution for Troubles-related offenses, as long as individuals cooperate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR). The new Act also halts future civil cases and legacy inquests.
Numerous victims and family members affected by the Troubles have launched judicial reviews to challenge various aspects of the Act. In the lead case, Martina Dillon, John McEvoy, and Linda McManus have made a joint submission.
Martina Dillon’s husband, Seamus, was fatally shot outside the Glengannon Hotel in Dungannon on December 27, 1997. An inquest into his death has commenced. John McEvoy narrowly escaped an attack on the Thierafurth Inn in Kilcoo, Co Down, in 1992, which claimed the life of another man, Peter McCormack. In a previous ruling, the High Court confirmed that there had not been an effective investigation into the attack. Linda McManus, the daughter of James McManus, who was injured in a gun attack on the Sean Graham Bookmakers on the Ormeau Road, Belfast, in 1992, has launched a civil claim seeking damages.
Expressing her concerns, Martina Dillon stated, Truth and justice are not too much to ask; we shouldn’t have to fight for decades to get it. Victims have been shamefully ignored; we did not want this law. We want answers about what happened to our loved ones, and we want accountability. I fight this oppressive legislation in my husband’s memory and in solidarity with other victims having their rights denied.
Amnesty International UK’s Northern Ireland deputy director, Grainne Teggart, emphasized the significance of this case, stating, This case has significant implications, not just in the UK but internationally. We have repeatedly warned about the concerning precedent which could be set by this legislation, which provides a blueprint for letting state forces and armed groups off with murder and other serious crimes.
Mr Justice Colton has previously indicated that challenges to the Act will focus on several areas, including the establishment of the ICRIR, the cessation of police investigations, the cessation of inquests and civil proceedings, as well as the potential immunity from prosecution. However, the primary focus of the court will be on whether sections of the Act are compatible with the European Convention on Human Rights.
The hearing is expected to last at least five days.
