State Violence (33 page)

It is for that reason that we ask that particular care is taken to ensure that procedures will be established which will prevent as much as possible any future unauthorised transactions by unauthorised persons. We ask that such weaponry, if sold and transported, is carefully regulated and monitored to ensure that it arrives at their authorised destination and that proper identifying marks are applied to ensure that if allegations of improper dealings are made, then meaningful enquiries can be undertaken to establish the validity of any such allegations.

We know that our plea will not go unheard by your people and we wish you well in your very difficult task of formulating policies which accommodate the views of all your people and which must also comply with the basic requirements of human rights so that a harmonious and peaceful society emerges.

From January 1988 until 13 October 1994, the date of the loyalist paramilitaries' ceasefire, loyalist death squads have carried out 207 sectarian murders.

The following list of fatalities are some of the killings that can be attributed to weaponry imported from South Africa.

16 March 1988. Thomas McErlean (20), John Murray (26), and Caoimhín Mac Brádaigh (30). Milltown Cemetery, Belfast. Browning 9 mm pistols and grenades. UDA/UFF.

15 May 1988. Damian Devlin (24), Paul McBride (27), Stephen McGahon (27). Shot in pub, Union Street, Belfast. AK47 rifles. UVF.

25 July 1988. Brendan Davison (33). In his home, Markets, Belfast. AK47 rifles. UVF.

8 August 1988. Séamas Morris (18) and Peter Dolan (25). On street, Ardoyne, Belfast. AK47 rifle. UVF.

24 November 1988. Phelim McNally (20). In brother's home, Coagh, Co. Tyrone. AK47 rifle. UVF.

14 February 1989. John Davey (61). Near home, Gulladuff, Co. Derry. AK47. UVF.

10 March 1989. Jim McCartney (38). Springfield Road, Belfast. AK47. UVF.

19 March 1989. David Braniff (63). In home, Alliance Ave, Belfast. AK47. UVF.

29 November 1989. Liam Ryan (39), Michael Devlin (33). Public house, Ardboe, Co. Tyrone. AK47. UVF.

7 March 1990. Samuel Marshall (31). In Kilmaine Street, Lurgan, Co. Armagh. AK47. UVF.

25 April 1990. Brian McKimm (22). In Limehill Grove, Ligoniel, Belfast. AK47. UDA/ UFF.

4 June 1990. Patrick Boyle (60). In home, Annaghmore, Co. Armagh. AK47. UVF.

26 October 1990. Thomas Casey (60). Kildress, Cookstown, Co. Tyrone. AK47. UVF.

8 November 1990. Malachy McIvor (43). In garage, Stewartstown, Co. Tyrone. AK47. UVF.

5 January 1991. Gervase Lynch (26). In home, Magheralin, Co. Armagh. AK47. UVF.

27 January 1991. Seán Rafferty (44). In home, Rosapenna Court, Belfast. Browning 9 mm pistol. UDA/UFF.

3 March 1991. John Quinn (23), Dwayne O'Donnell (17), Malcolm Nugent (20), Thomas Armstrong (50). Cappagh, Co. Tyrone. AK47 rifles. UVF.

4 March 1991. Michael Lenaghan (46). Found shot in taxi, Heather Street, Shankill, Belfast. Browning 9 mm pistol. UVF.

28 March 1991. Eileen Duffy (19), Caitríona Rennie (16), Brian Frizelle (29). Near mobile shop, Craigavon, Co. Armagh. Browning 9 mm pistol. UVF.

17 April 1991. John O'Hara (41). In taxi, Dunluce Ave, off Lisburn Road, Belfast. Browning 9 mm pistol. UDA/ UFF.

25 May 1991. Eddie Fullerton (56). In home, Buncrana, Donegal. Browning 9 mm pistol. UDA/UFF.

12 August 1991. Pádraig Ó Seanacháin (33). In cab of van, Killen, Castlederg. AK47. UDA/UFF.

16 August 1991. Martin O'Prey (28). In home, Lower Falls, Belfast. Browning 9 mm pistols. UVF.

13 September 1991 Kevin Flood (31). In street, Ligoniel Road, Belfast. Browning 9 mm pistol. UVF.

25 October 1991. Seán Anderson (32). Near home, Pomeroy, Co. Tyrone. AK47 rifle. UVF.

14 November 1991. Desmond Rogers (54), Fergus Magee (28), John Lavery (27). Coming from work, Lurgan, Co. Armagh. AK47 rifle. UVF.

22 December 1991. Aidan Wallace. In public house, Finaghy Road North, Belfast. Browning 9 mm pistol. UDA/UFF.

3 January 1992. Kevin McKearney (32), killed, Jack McKearney (69), wounded. In shop, Moy, Co. Tyrone. Jack McKearney died of wounds 4 April 1992. Browning 9mm pistol. UVF.

9 January 1992. Philip Campbell (28). In mobile chip shop, Moira, Co. Down. Browning 9 mm pistol. UDA/UFF.

5 February 1992. Peter Magee (18), James Kennedy (15), Jack Duffin (66), William McManus (54), Christy Doherty (52). In betting shop, Ormeau Road, Belfast. AK47 rifle and Browning 9 mm pistol. UDA/UFF.

4 March 1992. James Gray (39). In cab of his lorry, Portadown. AK47 rifle. UVF.

29 March 1992. Terence McConville (43). In home, Barn Street, Portadown. Browning 9 mm pistol. UVF

29 April 1992. Conor Maguire (22). At work, Ligoniel, Belfast. AK47 rifle. UVF.

6 September 1992. Charlie Fox (63) and Theresa Fox (53). In home, Moy, Co. Tyrone. AK47 rifle, Browning 9 mm pistol. UVF.

27 September 1992. Gerard O'Hara (18). In home, North Queen Street, Belfast. Browning 9 mm pistol. UDA/UFF.

14 November 1992. John Lovett (72), Frank Burns (62), Peter Orderly (50). In betting shop, Oldpark, Belfast. AK47 rifle and grenades. UDA/UFF.

19 November 1992. Peter McCormack (42). In public house, Kilcoo, Castlewellan, Co. Down. Browning 9 mm pistol. UVF.

20 December 1992. Martin Lavery. In home, Upper Crumlin Road, Belfast. Browning 9 mm pistol. UVF.

3 January 1993. Patrick Shields (51) and Diarmuid Shields (20). In home near Dungannon. Browning 9 mm pistol. UVF.

28 January 1993. Martin McNamee (25). At work, Kildress, Cookstown, Co. Tyrone. Grenade booby trap. UVF.

11 February 1993 Thomas Molloy (32). In home, near Loughgall, Co. Armagh. AK47 rifle. UVF.

24 March 1993. Peter Gallagher (44). At work, Grosvenor Road, Belfast. Browning 9 mm pistol. UDA/UFF.

25 March 1993. James McKenna (52), James Kelly (25), Gerard Dalrymple (52), Noel O'Kane (20). At work, Castlerock, Co. Derry. Browning 9mm pistol. UDA/UFF.

25 March 1993. Damian Walsh (17). At work, Twinbrook, Belfast. Browning 9 mm pistols. UDA/UFF.

1 May 1993. Alan Lundy (39). In street, Andersonstown, Belfast. AK47 rifle. UDA/UFF.

2 June 1993 Brendan McKenna (29). In cab of lorry, near Comber, Co. Down. AK47 rifle. UDA/UFF.

8 August 1993. Seán Lavery (21). In home, Lr Antrim Road, Belfast. AK47 rifle. UDA/ UFF.

1 September 1993. James Bell (49). In street, Short Strand, Belfast. Browning 9 mm pistols. UVF.

12 October 1993. Joseph Reynolds (40). In workmen's bus, east Belfast. Browning 9 mm pistols. UVF.

26 October 1993. James Cameron (54) and Mark Rodgers (58). Killed in place of work, Andersonstown, Belfast. AK47 rifle and Browning 9 mm pistol. UDA/UFF.

30 October 1993. James Moore (81), Karen Thompson (19), Steven Mullan (20), Joseph McDermott (60), Moira Duddy (59), John Moyne (50), John Burns (54), and from injuries received Samuel Montgomery (76) in April 1994. In public house, Greysteel, Co. Derry. AK47 rifle and Browning 9 mm pistol. UDA/UFF.

5 December 1993. Brian Duffy (15), John Todd (31). In taxi cab, Ligoniel, Belfast. AK47 and shot-gun. UDA/UFF.

14 April 1994. Theresa Clinton (33). In home, Lr Ormeau Road, Belfast. AK47 rifle. UDA/UFF.

26 April 1994. Joseph McCloskey (53). Killed in home, New Lodge Road, Belfast. Browning 9 mm pistols. UDA/UFF.

27 April 1994. Paul Thompson (25). In friend's car, Springfield Park, Belfast. AK47 rifle. UDA/UFF.

8 May 1994. Rose Ann Mallon (70). In sister's home near Dungannon. AK47 rifle. UVF.

17 May 1994. Éamon Fox (40), Gary Convey (24). At place of work, North Queen Street, Belfast. AK47 rifle. UVF.

17 June 1994. Cecil Dougherty (30), William Corrigan (32). At place of work, Rathcoole, Belfast. AK47 rifles. UDA/UFF

18 June 1994. Barney Greene (87), Éamon Byrne (39), Patrick O'Hare (35), Adrian Rogan (34), Don McCreaner (59), Malcolm Jenkinson (52). In public house, Loughinisland, Co. Down. AK47 rifles. UVF.

10 August 1994. Harry O'Neill (60). In place of work, off Castlereagh Road, Belfast. Browning 9 mm pistol.

There have also been many attempted killings using such weaponry which have resulted in serious injuries.

We are now in a period of transition, if we accept the permanency of the present cease-fires. Such transition has parallels in South American countries, South Africa and post-communist régimes.

The transition period here is called the peace process. It may be useful to accept that peace is founded on truth, justice and charity. Commissions for Truth were established with some success in some other countries during a period of transition. A Commission for Truth in a transition period must not delay in making investigations. It has to be independent and credible. It would demand considerable talent and resources. Secondly, will effective urgent investigations, prosecution and sentencing continue in the likelihood of an ‘amnesty'?

It will be in the interest of the three warring parties in the conflict, republicans, loyalists and the state, to draw a line through the violations of human rights of the past twenty-five years, including killings and murders. There will probably be a
de facto
undeclared amnesty. This will be connected with phased demilitarisation on all sides, the release of prisoners, no serious investigation or prosecution of those linked with killings in the past twenty-five years, the return to the north of those on the ‘wanted' list, the delivering up of missing bodies. Immunity to further prosecution will include not only those responsible for casualties of war (members of state forces, paramilitaries and innocents caught in shootings and bombings) but also those who carried out blatant sectarian murders.

There is no hope, I think, of a powerful Commission for Truth unless it is agreed on by the Irish and British governments and the political parties who sit around the negotiation table. But paramilitaries and the state excuse the crimes they commit themselves – all maintain a high moral ground, the state, of course, the highest. It will be in the interest of all political sides to agree on an unspoken amnesty. A Commission for Truth goes against that.

Even though it is highly improbable that the negotiators will even contemplate such a commission, the proposal to set one up should be put in writing to the two governments and the proposal published. At least that establishes publicly the principle that concerned citizens do not want a cover-up. In the absence of a Commission for Truth, is there a substitute?

1.
The very question of the necessity for the search for truth should at least be put before the public. The pursuit of truth re events of the last twenty-five years is something positive. Truth helps a peace process and has healing effects; in countries where this has not happened trauma remained and serious difficult political situations followed.

2.
Justice and truth groups should attempt to put on record in the next few years the many violations of human rights that occurred here.

(a)
In 1973 Penguin books published
Political Murder in Northern Ireland
by Martin Dillon and Denis Lehane. Malcolm Sutton has recently written
An Index of Deaths from the Conflict in Ireland 1969–1993
. It would be helpful to have a combination of the type of material in these two books, an expansion on the ‘index' giving more details of the deaths and whether or not prosecutions took place. Besides information in newspapers, magazines, books already published and radio and television documentaries, there is a wealth of information to be gathered from the victims' families, from living witnesses and from solicitors' papers; if these sources are not tapped in the next few years, vital evidence will be lost.

(b)
Individual books or in-depth studies on Bloody Sunday and many other killings by the state forces should be published. The Relatives for Justice hope to record in picture and story the deaths of all the children in the ‘Troubles'. A lot of writing has still to be done on collusion; at some time in the future members of the secret British forces will break rank and give part of the inside story. A detailed study has still to be written on the failed system of inquests in Northern Ireland.

(c)
Even though, as I believe, there will be an unspoken but
de facto
amnesty, organisations and individual families should still pursue cases of state killings and sectarian killings of obviously innocent people in their homes and places of work. If, despite pressure, the police do not carry out vigorous investigation, it may be necessary for solicitors to have recourse to civilian actions and international bodies.

(d)
Although the urgency in the transition period is to deal with truth, a new civil rights movement will be necessary to work for justice in the long term: justice re security, legal justice, social justice, equality of treatment, parity of esteem. Part of this campaign should be the revoking of all emergency laws, the establishment of a restructured police force, strict regulations re the appointment of judges, magistrates and coroners.

In October 1994, awaiting the setting up of a governmental Commission for Truth, a Campaign for the Right to Truth was initiated after consultation with and support of the following bodies:

1. Relatives for Justice

2. United Campaign against Plastic Bullets

3. Bloody Sunday Justice Group

4. Cullyhanna Justice Group

5. Casement Accused

6. Voice of the Innocent – Ballymurphy Seven

7. The Pat Finucane Centre, Derry

8. The Dublin–Monaghan Justice Group.

At a time when people are engaged in a process of healing and understanding, we believe that peace must be based on truth, justice and charity. Without these, political agreement will almost certainly be impossible. We note that whereas paramilitary organisations and political parties associated with them in Ireland have indicated their regret and remorse over their contribution to the deaths and suffering of innocent people, the British government refuses to acknowledge or apologise for the deaths and suffering of innocent people it has caused.