The UK government’s legacy act, which offers conditional immunity from prosecutions for Troubles-era crimes, breaches the European Convention on Human Rights, according to the Belfast High Court. The act, which also introduces a ban on inquests and future civil actions related to the Troubles era, involves a conditional amnesty for suspects. The legal challenge was brought by survivors of shootings and relatives of victims, arguing that the legislation is unconstitutional and breaches Articles 2 and 3 of the European Convention on Human Rights.
The government has stated that its act is human rights compliant, but opponents disagree and have brought several legal challenges against it. The recent Belfast case brought by Martina Dillon, John McEvoy, Lynda McManus and Brigid Hughes is expected to take several years to resolve, as it could be appealed all the way to the Supreme Court. The Irish government is also taking a case against the UK at the European Court in Strasbourg.
The Troubles lasted for 30 years and cost the lives of more than 3,500 people in Northern Ireland. The government’s legacy act, which came into effect in September, aims to draw a line under past events by ending future civil litigation and inquests into deaths related to the Troubles. While prosecutions that are currently ongoing will continue to conclusion, any inquests that have begun will end in May unless they have reached the point of delivering findings. However, opponents argue that the act removes access to justice and limits investigations, which from now on would be conducted by the Independent Commission for Reconciliation and Information Recovery (ICRIR).
Amnesty International has supported the legal action opposing the legacy act, and victims’ groups and families of those killed or injured during the Troubles have brought further legal challenges against the legislation
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