British Legacy Act immunity clause for Troubles crimes 'breaches' human rights

The case against the Legacy Act had been brought by relatives of victims and the survivor of a shooting.

Provisions for conditional immunity from prosecution for Troubles offences in the British government’s Legacy Act are not compatible with human rights legislation, the High Court in Belfast has ruled.

The case had been brought by relatives of victims and the survivor of a shooting.

The act involves a conditional amnesty for suspects and introduces a ban on inquests and future civil actions related to the Troubles era. 

Aspects of the laws also include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).

Delivering a judgment at Belfast High Court, Mr Justice Adrian Colton said there was no evidence the immunity provision would in any way contribute to reconciliation in Northern Ireland.

However, the judge also said a new body set up to probe Troubles killings could carry out human rights-compliant investigations.

The Legacy Act received royal assent in September despite widespread opposition from political parties, victims’ organisations in Northern Ireland and the Government.

Mr Justice Colton told the court: “I am satisfied that the immunity from prosecution provisions under section 19 of the Act are in breach of the lead applicant’s rights pursuant to Article 2 of the ECHR (European Convention on Human Rights).

“I am also satisfied they are in breach of Article 3 of the ECHR.” 

He added: “There is no evidence that the granting of immunity under the Act will in any way contribute to reconciliation in Northern Ireland, indeed the evidence is to the contrary.” 

However, the judge also said a new body set up to probe Troubles killings could carry out human rights-compliant investigations.

The case was brought by Martina Dillon, John McEvoy, Lynda McManus and Brigid Hughes.

Ms Dillon's husband Seamus was shot dead in a loyalist attack in Dungannon, Tyrone, in 1997.

Ms Hughe's husband Anthony was killed in 1987 after driving into an ambush of an IRA unit in Armagh by the SAS.

Mr McEvoy was shot in the Thierafurth Inn in Kilcoo in Down in 1992, while Ms McManus's father James was among those in the Sean Graham bookmakers shooting in Belfast, also in 1992.