Court finds common law and ECHR reasons to compel an investigation of state collusion into mass killing in Northern Ireland in the 1970s
- Related Member(s):
- Danny Friedman QC
The High Court in Belfast has today ruled that the failure of the PSNI to produce a previously promised overriding thematic report into the 1970s Glennane series of murders is unlawful. The available evidence shows undeniable state collusion in three of the murders and a “credible case” of collusion in at least 46 cases involving 80 killings such as to engage a duty to investigate under Article 2 ECHR. The evidence further shows an arguable case of what human rights law would define as a ‘state practice’. As well as breaching obligations under Article 2 of the ECHR, the Court also found that the refusal to complete the reporting process amounted to an “abuse of power” that had caused “extreme” unfairness to the applicant and other bereaved families and therefore amounted to a breach of common law legitimate expectation.
Danny Friedman QC was involved in this case, he was instructed by Darragh Mackin of KRW Law.