Oireachtas Joint and Select Committees

Tuesday, 25 May 2021

Joint Oireachtas Committee on the Implementation of the Good Friday Agreement

Representatives of the Ballymurphy Families

Mr. Pádraig Ó Muirigh:

I wish to reply to Senator Blaney's question on justice. I want to quote Mhleli Mxenge, brother of Griffiths Mxenge, a human rights lawyer who was assassinated in apartheid South Africa. They dealt with the Truth and Reconciliation Commission, which was set up at the time. He said, "I don’t believe ... knowing alone makes you happy ... you ... [need] the next thing - you want justice!" We are very realistic that justice is difficult 50 years later. There are the obvious problems and obstacles, such as the lack of investigation at the time, which meant evidential opportunities were lost, and the issue of tracing soldiers when the Ministry of Defence has not assisted the coroner fully with the identification of soldiers.

We understand it is difficult. We are realistic about that. The investigative arm was central to the Stormont House Agreement for a reason, however. To do otherwise would, in my opinion, undermine the rule of law and confidence in the justice system, which is very fragile in post-conflict societies. It is very important that we do not measure this on numbers. The right to justice and due process is something the families should have. As I said, it is central to the Stormont House Agreement.

That should not be changed and certainly should not form part of any unilateral move by the British Government.

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