Part III - Justice

Part III - Justice

Emergency Laws

Instead of bringing criminal law and procedures into line with accepted human rights norms, Britain enacted even more repressive laws, made some of the military emergency laws permanent, and applied some to Britain as a whole.

The "Terrorism Act of 2000" continued Britain's power to "derogate" from selected rights contained in the European Convention on Human Rights, shifting the presumption of guilt to defendants in certain cases, and extended police power to arrest and hold people incommunicado.

Criminal Justice Review

The CJR report (issued over a year late) was largely seen as going in the right direction. But even the positive steps may never happen because they are linked to a functioning Northern Ireland Executive, which the British government (at the behest of the Ulster Unionist Party) has collapsed four times already.

Northern Ireland Human Rights Commission

The Commission has little legal power; it cannot even issue subpoenas to conduct independent investigations. Its primary power is to advise the British government on human rights, but it is seldom followed.

Over the past months (2004), four of the thirteen commissioners have resigned in frustration.

(Click for further info: Statements of resignation from NIHRC)

Bill of Rights

The NIHRC s ability to deliver a meaningful Bill of Rights is in serious jeopardy.

First, the British government severely under funded it.

Second, the Bill of Rights is supposed to be comprehensive, not just the minimum rights contained in the European Convention of Human Rights. But Britain's derogation from the Convention makes it impossible for the NIHRC to deliver even the minimal rights set forth in the Convention.

Third, the British track re Accord is to ignore the advice of the Human Rights Commission.