Our Reply to Jeffrey Dudgeon’s Letter in the Irish Times

As our Letter was not published in the Irish Times it is printed below for your information

Sir

Jeffrey Dudgeon raises a number of important points in his letter of February 23rd on the ‘Kenova inquiry and justice for families’. He points out quite rightly the disappointing outcomes, so far, of Kenova’s investigations and the unlikely prospect of that situation changing significantly before it makes its final report on March 8th.

He also rejects the alternative of a Truth Recovery Process as ‘leaving relatives to prosecute themselves’. He knows very well from our extensive discussions with him and his colleagues in the Malone House Group that what we are proposing is something far more comprehensive than he suggests and it is important that people know this.

The key points in our proposal are that conditional amnesties should be offered where:

a) Victims and survivors agree to such an option. It would not pre-empt their right to seek truth and justice through the Courts.

b) The process would be subject to oversight by the British and Irish governments.

c) Victims and Survivors would still be compensated by the state.

e) Former combatants testimony would be subject to verification.

f) Former combatants could not incriminate others.

It was this approach, based on reconciliation that led to the successful conclusion of the Belfast Good Friday Agreement.

Finally, one of the issues that the Legacy Act does not address is how it will proceed in cases that involve former combatants living in the Republic whom it believes have a case to answer. Will the Irish Government, state agencies and the courts co-operate with British legislation when that legislation is the subject of a Member State case to the ECHRts on the basis that it contravenes Article 2 of the European Convention of Human Rights?

Yours etc.

Padraig Yeates,

Secretary,

Truth Recovery Process.