The issue with Article Two – Nesbitt

Ulster Unionist Leader, Mike Nesbitt MLA, has criticised the intervention of the Council of Europe Commissioner who has called on the UK Government to pay for legacy investigations into Troubles-related killings involving the police and army.

Commissioner Muiznieks of the Council of Europe made the call during a speech at an event at the University of Ulster.

Mr Nesbitt said:

“I understand Mr Muiznieks opened his contribution by acknowledging he had been in Northern Ireland for the grand total of 36 hours, yet was able to offer an opinion that basically again puts a media and public focus exclusively on the actions of the UK Government, police and army, as if terrorists were not responsible for the huge majority of the 3,500 Troubles-related deaths.  

“We need a more thoughtful approach. Commissioner Muiznieks correctly identifies the government’s obligation to ensure that all legacy processes are compliant with the “right to life” under Article Two of the European Convention on Human Rights. What he did not acknowledge is how we square the circle of the Article’s insistence that investigations are “timely”. Given victims and survivors of atrocities like the sectarian massacre at Kingsmills have been waiting decades for the truth, the notion of a timely process rings deeply hollow. The Police Ombudsman has just told them to put the year 2025 in their diaries.

“The Commissioner has again put a focus on the Haass proposal for HIU (Historical Investigation Unit) to deal with legacy truth and justice issues. The fact remains this would be a second police force, operating entirely independently of the PSNI, with both the power to investigate and to apply blame – two functions that are best separated out to two independent bodies.

“We remain keen to change the way we deal with legacy justice issues, to ensure the spotlight shines on terrorists as well as former members of the security forces, but we remain unconvinced the HIU is the way forward.

“In this context, it is timely that I am joining Jim Nicholson MEP in Brussels next week for a series of engagements with key members of the European Parliament. I am going so Jim and I can ensure the unionist position is understood and acknowledged by the EU.”

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