YOUR VIEWS: Plan for five-year probe into the past
A FIVE-year commission to examine incidents from the Troubles is being recommended by the group looking at ways of dealing with Ulster's past.
Within this fixed time period, terrorists will be granted immunity as part of a truth process, according to a draft report that has been circulated.
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Sources with a knowledge of the long-awaited document say it suggests a private "information" forum in which paramilitary killers would be encouraged to divulge what they know about murders. The evidence they provide would not be admissible in court.
However, the Eames-Bradley Consultative Group On The Past seems to be stopping short of proposing a full amnesty for terrorists.
Instead, these forums would take place only after investigators have advised that no conviction is likely in a case.
And, while the evidence given – in private – would not be used against anyone, if fresh information is forthcoming (outside of the closed forums) prosecution will still be possible.
The Eames-Bradley Group stressed the report is still in draft form and not finalised.
Junior Minister Jeffrey Donaldson – who has responsibility for victims' issues – said he could not comment in too much detail because he has seen a draft of the report in confidence.
But he said the DUP has warned Lord Eames that if the report "gets it wrong", it could seriously "damage" progress made in the political process.
The main proposals are:
- An over-arching commission to deal with the past, consisting of three to five members.
- An independent international chief commissioner to head the panel, which would also include one of Ulster's four victims' commissioners.
Appointments would be made by the British and Irish governments but would need the approval of the Stormont Executive
There would also be an oversight commissioner to review the work of the commission.
- Under the commission would be a Historical Investigation Unit – which it appears could subsume the work of the Historical Enquiries Team (HET).
It will continue to adopt the approach of taking cases in chronological order.
It is proposed historical cases will be taken on by some of the detectives who will be seconded to the new commission – but it will have powers to recruit its own staff.
It would carry out the inquiry work in cases and pass them to the commission – and then the Public Prosecution Service.
They will either recommend prosecution or, if prosecution was unlikely, suggest moving the case to a truth process.
The commission would take the decision on whether to complete a review without further criminal investigation or whether to pursue further investigation.
- An information recovery unit would then take on the cases where going to court is not an option.
It would use informal and formal means to get answers to all unresolved questions around the circumstances of deaths during the Troubles.
This means it could draw on any evidence that would not be allowed in court and invite people to speak privately, with evidence, behind closed doors and free from the threat of charges.
The information recovery unit would also deal with cases that are linked – for example, by claims of collusion or the same perpetrators.
- The commission and its units would take over the role that the Police Ombudsman has performed in investigating claims of police collusion in killings from the Troubles.
- Eames-Bradley is also assessing the possibility that the commission would take under its remit aspects of the Criminal Cases Review Commission – which is already available to challenge convictions.
- The commission will devise a process whereby the wishes of victims' families can be taken into account to determine how the case is handled. There will be support and guidance available to families.
They are recommending that the existing inquiries – Saville, Robert Hamill, Billy Wright, Pat Finucane, Rosemary Nelson – should be completed independently because they are already so far advanced.
A spokesman for the Eames-Bradley Group said: "This type of speculation is unhelpful. We would urge everyone to wait for the final report."
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Tuesday 29 May 2012
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