Correction - CAJ statement on the Committee of Ministers and ICRIR

Dear Friends and Colleagues,

We have received the following statement from the Committee for the Administration of Justice in response to the third item to which we provided a link in our email yesterday.

We welcome the opportunity to carry this correction. 

'CAJ noted the Committee of Ministers Decision on Friday: https://search.coe.int/cm#{%22CoEIdentifier%22:[%220900001680b049a1%22],%22sort%22:[%22CoEValidationDate%20Descending%22]}

'It is entirely mistaken to state that it ‘gave the ICRIR a clean bill of health’. Rather the Committee of Ministers parked making further pronouncements on the Legacy Acy and ICRIR in light of the Inter-State case meaning the matter is already before the European Court.

'The line regarding a finding that the ICRIR had been found to be ‘operationally independent etc’ is a direct and clear reference to what the High Court in Belfast had found. It is not a position taken by the Committee of Ministers – who limit their observations on the domestic court process to stating that they hope that the proceedings will be concluded in a way that takes ‘full account’ of the ECHR, the case-law of the European Court and the Decisions made by the Committee of Ministers.

 'The finding by the High Court on independence of the ICRIR was very qualified, is contested and subject to appeal.

'The last word from the Committee of Ministers assessing the Legacy Act and ICRIR is set out in previous decisions and raises significant concerns, this has not changed'.