Finucane investigation a breach of ‘right to life’
Seven European Court of Human Rights judges have ruled unanimously in favour of the widow of Patrick Finucane in her human rights case against the United Kingdom.
Patrick Finucane – a lawyer who represented people accused of Irish Republican activities in Northern Ireland – was shot in 1989 in front of his family. A series of inquiries failed to satisfy those close to Ms Finucane and in 1998 a United Nations special Investigator called for an independent inquiry.
In April this year a third report into the death declared that there was collusion between UK security forces and loyalist terrorists in the killing of Patrick Finucane, as well as another man.
The case bought before the court intended to prove that the UK Government had violated the right to life as laid down in the European Convention of Human Rights. This did not necessarily involve proving that the Government had acted to take Mr Finucane’s life.
Failure to thoroughly investigate allegations that the security services colluded in the killing is also considered to be a breach of the right to life, on the grounds that the law must protect everyone’s life.
The Government has been told to pay Mrs Finucane ?43,000 in expenses, and has criticised the lack of independence involved in the original investigation, which involved the Royal Ulster Constabulary, which was itself accused of making death threats to Mr Finucane.
Human Rights groups have welcomed the ruling, and have called for the three inquiries held over the years to be made public. It is not expected that this will be adhered to, though a public enquiry may begin soon.
In May last year the Government asked a Canadian Judge named Peter Cory to look into six controversial deaths during the period of the troubles, including Patrick Finucane’s. The Government has committed itself to a public enquiry if Mr Cory recommends it on the basis of his findings.
