The Irish Government has formally lodged an inter-state case against the UK in the European Court of Human Rights (ECHR) over its controversial legislation to deal with the legacy of the Troubles in Northern Ireland.
It is only the second time in the history of the two states that Ireland has taken the UK to court – in 1978 the ECHR found against the UK in the so-called “Hooded Men” case.
The Government argues that the 2023 Legacy Act is in breach of the European Convention on Human Rights.
Of particular concern to Ireland is the UK law’s guarantee of immunity from Troubles-related offences provided that certain conditions are met by perpetrators, according to the Council of Europe.
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The council confirmed on Friday the Government submitted its inter-state application on January 17th.
Several families of Troubles’ victims have made applications to the ECHR challenging the UK legislation, arguing that it will “shut down” access to justice.
Signed into law last September, the Northern Ireland Troubles (Legacy and Reconciliation) Act ends current methods of criminal and civil investigations and inquests into Troubles-related killings.
Former British soldiers and ex-paramilitaries involved in murders during the North’s 30-year conflict will be among those offered immunity from prosecution if they co-operate with a new “information recovery” body set up by the UK government in its aim to promote reconciliation and “draw a line” under the Troubles.
On Friday, Taoiseach Leo Varadkar defended the decision to lodge the inter-state case – which has provoked fury within the UK government – and told the BBC that standing by “victims and survivors” of violence in Northern Ireland and also upholding the 2014 Stormont House Agreement was important.
He denied charges of hypocrisy over a lack of Irish prosecutions for violence during the Troubles, saying Ireland would be “happy to engage” with British authorities on the details of specific cases.
Announcing the move last month, Mr Varadkar said the Government had been left with “no option” but to take the case against the UK following “strong” legal advice.
A Belfast solicitor confirmed that his firm had filed three cases on behalf of victims’ families to the ECHR within 24 hours of Ireland submitting its application. Two of the cases relate to inquests and a third relates to a Northern Ireland Police Ombudsman investigation into a sectarian murder.
“The Irish Government’s inter-state application provides real impetus and support for these latest applications,” said Kevin Winters of KRW.
A legal challenge to the Legacy Act taken by bereaved families was heard in the High Court in Belfast in November and a judgment is awaited.
Belfast solicitor Pádraig Ó Muirigh, who represents some of those involved in the High Court challenge, last month confirmed he will also submit applications to the ECHR on behalf of families.
Fiercely opposed by the North’s five main political parties, US politicians and human rights groups, the law is facing at least 11 separate legal challenges. It is supported by British military veterans’ groups.
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