Truth Recovery Process (CLG) response to Colton Judgement on UK Legacy Act

Letters to the Editor, Irish Times, March 3rd, 2024

Sir, – The rejection of key elements of the Northern Ireland Troubles (Legacy and Reconciliation) Act by the High Court in Belfast last week and the conclusion of the £40 million Kenova investigation without producing one case that meets the requirements for launching a credible prosecution are just the latest cruel demonstrations of the inability of the courts to secure truth and justice for victims in so many cases, let alone promote reconciliation.

It is really time for politicians who have told us privately that they believe the truth recovery process offers a better way forward, to have the courage of their convictions and say so publicly.

Nobody, particularly victims and survivors, should have their access to the courts to pursue truth and justice curtailed. But neither should those who wish to do so be denied the possibility of finding out what happened, and why, through other means.

The truth recovery process is based on conditional amnesties that would be offered where:

a) Victims and survivors agree to such an option.

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.

g) Mediation would be the basis of engagement, not the legal arena.

h) Reconciliation would be the objective.

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

Finally, one of the issues that the Legacy Act does not address is how it would 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 European Court of Human Rights on the basis that it contravenes Article 2 of the European Convention of Human Rights?

It is time for an honest review of how we investigate the awful atrocities of the past, on all sides, with the aim of not alone addressing the needs of the tens of thousands of people affected but society as a whole. – Yours, etc,

PADRAIG YEATES,

Secretary,

Truth Recovery Process,

Dublin 13.