A challenge against the government’s Troubles Act has started in the High Court in Belfast. The Act was introduced in September, and provides conditional amnesty for people accused of crimes related to the Troubles. The challenge is being brought by a group of victims’ relatives and a survivor of a shooting. John Larkin KC opened the hearing on their behalf, stating that each of them had been affected by the conflict, and that their cases were indicative of the hurt caused to victims.
Opponents of the Act, including victims’ groups and all of the political parties in Stormont, have argued that the Act would remove access to justice, and limit investigations into the Troubles. Under the Act, those responsible would not be held accountable for crimes committed. It would also end future civil litigation and inquests into deaths that occurred during the period, lasting over 30 years. The government stated that the legislation was an effort to draw a line under past violence and enhance reconciliation.
The hearing is due to last for at least five days, and Mr Larkin told the court that Martina Dillon had “dedicated her life” to fighting for justice, following the Loyalist attack in County Tyrone that claimed the life of her husband Seamus in 1997. The case is being brought on the grounds that the Act is unconstitutional and incompatible with the Human Rights Act. Some experts have speculated that the legal challenge could take several years to exhaust, with Amnesty International in support of the challenge.
Grainne Teggart, Amnesty International’s Deputy Director for Northern Ireland, commented that the challenge was an opportunity for the government to “right this wrong”. She added: “Victims’ rights must be upheld and the government cannot dismiss its obligations.
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