PRINTER'S NO. 2890
No. 347 Session of 2000
INTRODUCED BY McGEEHAN, CALTAGIRONE, CORRIGAN, RAMOS, ORIE,
CAPPABIANCA, LAUGHLIN, GIGLIOTTI, DEMPSEY, MELIO, FICHTER,
WOJNAROSKI, LEDERER, BELFANTI, LYNCH, KENNEY, WOGAN,
YOUNGBLOOD, WALKO, JOSEPHS, McCALL, STABACK, J. TAYLOR,
TIGUE, PIPPY AND O'BRIEN, FEBRUARY 2, 2000
REFERRED TO COMMITTEE ON INTERGOVERNMENTAL AFFAIRS,
FEBRUARY 2, 2000
A RESOLUTION
1 Concerning the killings of human rights lawyers Rosemary Nelson
2 and Patrick Finucane.
3 WHEREAS, The United Nations Special Rapporteur on the
4 Independence of Judges and Lawyers reported in March 1998 on the
5 widespread pattern of abuse directed at lawyers in Northern
6 Ireland by members of the Royal Ulster Constabulary (RUC),
7 concluding that "the RUC has engaged in activities which
8 constitute intimidation, hindrance, harassment or improper
9 interference. The Special Rapporteur is particularly concerned
10 by the fact that the RUC has identified solicitors with their
11 clients or their clients' causes as a result of discharging
12 their functions"; and
13 WHEREAS, The British Government failed to act upon any of the
14 recommendations of the Special Rapporteur, including that "the
15 Government should provide the necessary protection and should
16 vigorously investigate the threats and bring to justice the
1 guilty party"; and
2 WHEREAS, The United Nations Special Rapporteur reported
3 further in April 1999 that in relation to the murder of
4 solicitor Pat Finucane ten years ago: "there is at least prima
5 facie evidence" of "State collusion, i.e. military and/or RUC
6 collusion, in this murder"; and
7 WHEREAS, the United Nations special Rapporteur's April 1999
8 report condemns the RUC's "complete indifference" to allegations
9 made by responsible domestic and international nongovernmental
10 organizations concerning harassment and intimidation of
11 solicitors; and
12 WHEREAS, Solicitor Rosemary Nelson testified in September
13 1998 before the United States Congress House Committee on
14 International Relations that she had been "physically assaulted
15 by a number of RUC officers," and that the harassment included,
16 "at the most serious, making threats against my personal safety
17 including death threats"; and
18 WHEREAS, Rosemary Nelson made formal complaints about this
19 treatment, following which Northern Ireland's Independent
20 Commission on Police Complaints (ICPC) made unprecedentedly
21 strong criticisms of the RUC investigation into those
22 complaints, finding an "ill-disguised hostility to Mrs. Nelson
23 on the part of some police officers," which led to the ICPC
24 bringing in a senior London police officer to take over the
25 investigation from the RUC; and
26 WHEREAS, Solicitor Rosemary Nelson was brutally murdered on
27 March 15, 1999, when a bomb placed under her car detonated a
28 short distance from the school attended by the youngest of her
29 three children; and
30 WHEREAS, The conduct of the investigation into Rosemary
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1 Nelson's murder remains substantially in the hands of the same
2 RUC which she had previously accused of making death threats to
3 her; and
4 WHEREAS, The House Committee on International Relations has
5 called for separate independent inquiries into the killings of
6 Rosemary Nelson and Pat Finucane; and
7 WHEREAS, The International Commission of Jurists reported in
8 April 1999 to the United Nations Commission on Human Rights in
9 Geneva that more lawyers in Northern Ireland have been the
10 victims of death threats and harassment than in any other part
11 of the European Union; and
12 WHEREAS, The United Nations Basic Principles on the Role of
13 Lawyers require that "Governments shall ensure that lawyers are
14 able to perform all of their professional functions without
15 intimidation, hindrance, harassment or improper interference,"
16 (Principle 16) and further that: "Lawyers shall not be
17 identified with their clients or their clients' causes as a
18 result of discharging their functions," (Principle 18); and
19 WHEREAS, In view of the murder of Rosemary Nelson and the
20 many credible reports of hostility and inappropriate conduct by
21 members of the Royal Ulster Constabulary, it is insufficient for
22 the British Government to propose awaiting the outcome of the
23 Patten Commission Report into Policing in Northern Ireland
24 before taking any action, as any delay in implementing the
25 United Nations Special Rapporteur's recommendations subjects
26 lawyers in Northern Ireland to further danger and abuse;
27 therefore be it
28 RESOLVED, That the House of Representatives of the
29 Commonwealth of Pennsylvania call on the British Government to
30 work in conjunction with the United Nations Special Rapporteur
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1 to set up independent and independent and impartial inquiries
2 into the killings of Rosemary Nelson and Pat Finucane; and be it
3 further
4 RESOLVED, That, in view of the prima facie case of state
5 collusion in the murder of Pat Finucane as well as the serious
6 and credible allegations of death threats from RUC members
7 against Rosemary Nelson, the inquiries be conducted under the
8 supervision of one or more jurists of international repute and
9 carried out by an international team of experienced
10 investigators who are demonstrably unconnected with the RUC and
11 who do not rely for their pay, promotion prospects or any other
12 benefits on any aspect of the security services, civil service
13 or governmental departments responsible for affairs in Northern
14 Ireland; and be it further
15 RESOLVED, That for the inquiries to be effective, those in
16 charge must be equipped with full subpoena powers to compel the
17 attendance of witnesses and production of documents and other
18 physical evidence; and failure to comply with reasonable
19 subpoena requests should be subject to criminal, civil and
20 disciplinary sanctions, including summary dismissal and loss of
21 pension rights and other entitlements, where appropriate; and be
22 it further
23 RESOLVED, That the House of Representatives call on the
24 British Government to live up to its responsibilities under
25 international human rights law to provide fully adequate
26 protection to all lawyers who have been subjected to threats,
27 harassment and intimidation; and be it further
28 RESOLVED, That copies of this resolution be transmitted to:
29 Richard J. Harvey, Esq.
30 U.S. Spokesperson, Rosemary Nelson Campaign
31 116 West 111th Street
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1 New York, N.Y. 10026
2 The Offices of Rosemary Nelson, L.L.B.
3 8a William Street, Imgan, Craigavon
4 Co. Armagh--BT 66 6JA
5 N.IRELAND
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