Mr. Kartik Raj:

I thank the committee for inviting us. Our research assessed the investigatory mechanisms that exist in Northern Ireland in light of international human rights law and standards, and the degree to which they are delivering for victims. We recognise that not all victims seek the same things or speak with one voice; they simply cannot. Some 3,600 people were killed and more than 40,000 people were injured. However, we did hear clearly a common call among the majority of those to whom we spoke for political leaders, wherever they may be, to give greater priority to victims' quest for truth, justice, acknowledgment and support.

The central overarching finding from our research is that the approach to dealing with the past in Northern Ireland is inadequate. It too often lets victims down and falls short of the UK’s human rights obligations. Our report identifies two key problems with the current approach. The first looks at the individual mechanisms that have been established, the Historical Enquires Team, the Police Ombudsman for Northern Ireland, coroner inquests, public inquiries and criminal investigations carried out by the Police Service of Northern Ireland.

We found that victims and families who engaged with these mechanisms reported a range of experiences. Some of them found they worked well; in some instances they delivered a measure of satisfaction and some reports that were good. However, by and large our research found that the individual mechanisms were either falling short or had fallen short of human rights standards because of their failure to conduct prompt, thorough and effective independent investigations in an impartial manner. I would be happy to discuss further during questions the specific findings on those five types of investigative mechanisms.

Of more concern is the second finding, namely, that even if all these mechanisms operated fully in compliance with their mandates and design, the piecemeal and fragmented approach to investigations characteristic of Northern Ireland in this regard is too incomplete to provide a comprehensive picture of the violations and abuses suffered during the three decades. The mechanisms have inherent limitations by design. They are discrete and have an individualised nature, and as a result much of the truth about what happened remains hidden. This has contributed to a failure to develop shared public understanding and recognition of the abuses and violations committed by all sides. By "truth" I mean facts and information about human rights violations and abuses and not "truth" in a philosophical or metaphysical sense.

I wish to highlight a number of key points for the committee arising from the research. The accountability mechanisms in Northern Ireland focus primarily on killings and suspicious deaths and mostly exclude people who were injured in life-threatening attacks and those subject to torture and ill-treatment. This exclusion means the full truth about the past cannot be established and this needs to be remedied. As a result of their design the mechanisms focus on individual cases, which has limited the possibility of examining patterns of abuses and violations. This has limited wider public understanding of the wrongs perpetrated by all sides. This applies to the armed groups responsible for the vast majority of deaths and other human rights abuses during the three decades. The patterns, policies, practices, institutional culture and knowledge and responsibility of those in high-level positions of authority in these groups remain altogether unclear and underinvestigated. The role and actions of particular UK state bodies, agencies and Government departments have not been subject to effective investigation in a systematic fashion. Substantial questions remain about the degree of collusion that took place, the responsibility of various state actors and agencies, and what those in senior levels of government knew.

Based on this research we call for an overarching mechanism to be established to comprehensively address the past. The concluding pages of the report set out specific human rights guidelines which could inform the establishment of such a mechanism, which should be victim-focused and able to investigate individual cases and patterns of abuses and violations. Where sufficient evidence exists there should be the possibility of bringing those responsible to justice with the guarantee of a fair trial. It should have powers to compel witnesses and documents. It should be able to draft recommendations so victims can enjoy full reparation. We believe such a mechanism would be an important step towards ending impunity for human rights violations and abuses in Northern Ireland, and allow for public recognition about the harm inflicted by all sides, and I keep emphasising "by all sides".

Our report also highlights that any mechanism established to investigate human rights abuses and violations in Northern Ireland must be able to effectively investigate connections with Ireland. The committee is aware of the long-standing allegations that Irish authorities turned a blind eye to arms smuggling across the Border and to members of republican armed groups fleeing back to the Republic of Ireland. There are also allegations concerning collusion by An Garda Síochána and a number of cases concerning collusion between authorities in Northern Ireland and loyalist armed groups who carried out attacks and killings in counties Armagh, Louth, Monaghan and Dublin. Given these connections, we urge not only that the Irish Government supports the establishment of a comprehensive mechanism to address the past in Northern Ireland, but once established to provide it with full co-operation regarding alleged links to the Republic of Ireland and events here. This may require Ireland to enact legislation to ensure the powers of compulsion of any body extend here and work effectively here. It will require the support of Deputies and Senators across the political spectrum.