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Patrick Finucane’s story: the British government explains the path ahead

 


The British government today outlined the path ahead regarding the Patrick Finucane case.

After extensive consideration of all possible options, the government has now decided not to conduct a public investigation into the murder of a Belfast lawyer. The review process is underway by the Legacy Investigation Department of the Northern Ireland Police Department (PSNI), and the investigation by the Northern Ireland Police Ombudsman is ongoing independently of the government.

The government has admitted to the Supreme Court ruling that there are still no Article 2 compliant investigations of Mr. Finucane’s death, and has been trying to evaluate the best way to resolve the court’s specific outcomes since the ruling was announced.

The government has pledged to re-evaluate whether a public investigation is necessary to address any outstanding obligations under Article 2 of the European Human Rights Convention, taking into account the police screening process and police ombudsman investigation.

The government also today released additional details that were previously not disclosed regarding the conduct of a previous investigation into the Finucane case. In light of the results of the de Silva review, a review report conducted by PSNI in 2015 was shared with the family and will be published by PSNI in the future.

Earlier today, Northern Ireland Secretary of State Brandon Lewis spoke to the Finucane family to inform the government of the decision.

Lewis said:

Patrick Finucane’s murder was a terrible crime that caused tremendous suffering. The British government made it clear in this case that a shocking level of conspiracy was completely unacceptable and publicly apologized for this to have happened.

This incident is, unfortunately, an example of the violence and tragedy experienced by countless individuals and families during the troubles not only in Northern Ireland, but throughout England and Ireland. This demonstrates the importance of giving all families affected by the problem the opportunity to know the circumstances of their loved one’s death.

We continue to work with the Irish government, Northern Irish political parties, and civil society, including victim groups, to find and provide progressive ways to our legacy that can support NI’s efforts towards a more positive future.

Note to editors:

Attorney Patrick Finucane was murdered at his home in North Belfast on a Sunday evening, February 12, 1989. He was shot 14 times. The attack was carried out by gunmen from a loyal paramilitary group.

Numerous investigations and reviews of Mr. Finucanes’ murder have been conducted. From September 1989 to April 2003, former metropolitan police chief Sir Stephens conducted three investigations of allegations of conspiracy between security forces and loyal paramilitaries, a third of which (Stevens III) was particularly concerned with the murder of Pinukahine. It was. There were two additional independent reviews headed by legal experts (Judge Peter Cory in 2004, Sir Desmond de Silva in 2012) and an additional internal review by PSNI in 2015.

On February 27, 2019, the Supreme Court ruled Re Finucane. [2019] UKSC 7. The Finucane family has challenged the government’s successive decision not to conduct public investigations in this case. The Supreme Court declared that there were no Article 2 compliance investigations of Pinu Keynes’ death in February 2019. At 153, Sir Kerr (court) said:

Thus, I would declare that there was no investigation in compliance with Art.2 for Patrick Finucane’s death. It does not follow that the appellant must order the type of public investigation it seeks. It is the decision of the state in the light of the inability of the Sir Desmond de Silvas review and inquiries preceded to meet the procedural requirements of Article 2. To meet those requirements

Article 2 The ECHR protects the right to life and includes a procedural obligation on the part of the State to initiate an effective formal investigation independently in the event of the death of an individual in the use of force or in other suspicious circumstances.

An investigation by the Police Ombudsman is ongoing, and on November 2, 2020, PSNI informed the UK government that Mr. Finucane’s death will soon be subject to review under the Case Sequence Model policy. Police officers have confirmed that this is expected to begin early in the new year.

The public statement can be found here.

The government response can be found here.

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