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Tag Archives: European Convention on Human Rights


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Operation Flavius

Operation Flavius (also referred to as the Gibraltar killings) is a military operation in which three members of the Provisional Irish Republican Army (IRA), Seán Savage, Daniel McCann and Mairéad Farrell, are shot dead by the British Special Air Service (SAS) in Gibraltar on March 6, 1988.

The trio is believed to be planning a car bomb attack on British military personnel in Gibraltar. They are shot dead while leaving the territory, having parked a car. All three are found to be unarmed, and no bomb is discovered in the car, leading to accusations that the British government conspired to murder them. An inquest in Gibraltar rules that the authorities had acted lawfully but the European Court of Human Rights holds that, although there had been no conspiracy, the planning and control of the operation is so flawed as to make the use of lethal force almost inevitable. The deaths are the first in a chain of violent events in a fourteen-day period. On March 16, the funeral of the three IRA members is attacked, leaving three mourners dead. At the funeral of one, two British soldiers are murdered after driving into the procession in error.

In late 1987, British authorities become aware of an IRA plan to detonate a bomb outside the governor’s residence in Gibraltar. On the day of the shootings, Savage, a known IRA member, is seen parking a car near the assembly area for the parade. Fellow members McCann and Farrell are seen crossing the border shortly afterward. As SAS personnel move to intercept the three, Savage splits from McCann and Farrell and runs south. Two soldiers pursue him while two others approach McCann and Farrell. The soldiers report seeing the IRA members make threatening movements when challenged, so the soldiers shoot them multiple times. All three are found to be unarmed, and Savage’s car does not contain a bomb.

When the bodies are searched, a set of car keys is found on Farrell. Spanish and British authorities conduct enquiries to trace the vehicle. Two days after the shootings, their enquiries lead them to a red Ford Fiesta in a car park in Marbella, fifty miles from Gibraltar. The car contains a large quantity of Semtex surrounded by 200 rounds of ammunition, along with four detonators and two timers.

The IRA notifies the McCann, Savage, and Farrell families of the deaths on the evening of March 6, and the following day publicly announces that the three were members of the IRA. A senior member of Sinn Féin, Joe Austin, is tasked with recovering the bodies. On March 9, he and Terence Farrell (Mairéad Farrell’s brother) travel to Gibraltar to identify the bodies. A charter aircraft flies the corpses to Dublin on March 14. Two thousand people wait to meet the coffins in Dublin, which are then driven north to Belfast. At the border, the Northern Irish authorities meet the procession with a large number of police and military vehicles, and insist on intervals between the hearses, causing tensions between police and members of the procession.

The joint funeral of McCann, Farrell and Savage takes place on March 16 at Milltown Cemetery in Belfast. The Royal Ulster Constabulary (RUC) agree to maintain a minimal presence at the funeral in exchange for guarantees from the families that there will be no salute by masked gunmen. This agreement is leaked to Michael Stone, who describes himself as a “freelance Loyalist paramilitary.” During the burial, Stone throws grenades into the crowd and begins shooting with an automatic pistol, injuring 60 people. Several mourners chase Stone, throwing rocks and shouting abuse. Stone continues shooting and throwing grenades at his pursuers, killing three of them. He is chased onto a road and his pursuers beat him until the RUC arrive to extract and arrest him.

Two months after the shootings, the documentary “Death on the Rock” is broadcast on British television. Using reconstructions and eyewitness accounts, it presents the possibility that the three IRA members had been unlawfully killed.

The inquest into the deaths begins in September 1988. The authorities state that the IRA team had been tracked to Málaga, where they were lost by the Spanish police, and that the three did not re-emerge until Savage was seen parking his car in Gibraltar. The soldiers testify that they believed the suspected bombers had been reaching for weapons or a remote detonator. Several eyewitnesses recall seeing the three shot without warning, with their hands up, or while they were on the ground. One witness, who told “Death on the Rock” he saw a soldier fire at Savage repeatedly while he was on the ground, retracts his statement at the inquest, prompting an inquiry into the programme which largely vindicated it. The inquest returns a verdict of lawful killing. Dissatisfied, the families take the case to the European Court of Human Rights. Delivering its judgement in 1995, the court finds that the operation had been in violation of Article 2 of the European Convention on Human Rights as the authorities’ failure to arrest the suspects at the border, combined with the information given to the soldiers, rendered the use of lethal force almost inevitable. The decision is cited as a landmark case in the use of force by the state.

(Pictured: The three IRA members shot in Gibraltar: (l to r) Sean Savage, Mairéad Farrell, Daniel McCann, PA Archive / PA Images)


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Seán MacBride Receives the Nobel Peace Prize

Seán MacBride receives Nobel Peace Prize in Oslo, Norway, on December 12, 1974.

MacBride receives the Peace Prize for his efforts on behalf of human rights, among other things as one of the founders of Amnesty International. In 1974 he is also Chairman of the International Peace Bureau and Assistant Secretary-General of the United Nations and had recently been elected United Nations Commissioner for Namibia.

MacBride has nevertheless had a violent past. He is born in Paris on January 26, 1904, the son of Major John MacBride and Maud Gonne. His father is executed by the British in the Irish struggle for liberation from Great Britain. He is only 15 years old when he lies about his age to join the Irish Volunteers, which fight as part of the Irish Republican Army (IRA). He takes part in the concluding battles against the British in the Irish War of Independence before the Irish Republic is founded in 1921, and in the Irish Civil War that follows. He backs Éamon de Valera in the latter’s refusal to accept Northern Ireland‘s continuing union with England. In the 1930s, he breaks with the IRA and qualifies in law. He defends IRA prisoners in Irish prisons who had been condemned to death.

After World War II MacBride serves as Minister for External Affairs for Ireland from 1948 to 1951. He plays a leading part in the establishment of the Council of Europe, and in the preparation of the European Convention on Human Rights of 1950.

In addition to the Nobel Peace Prize, MacBride also receives the Lenin Peace Prize for 1975–1976, the Golden Plate Award of the American Academy of Achievement in 1978, and the UNESCO Silver Medal for Service in 1980.

MacBride dies in Dublin on January 15, 1988, eleven days before his 84th birthday. He is buried in Glasnevin Cemetery in a grave with his mother and his wife, who died in 1976.


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Birth of Brian Hutton, Lord Chief Justice of Northern Ireland

James Brian Edward Hutton, Baron Hutton, PC, a British Lord Chief Justice of Northern Ireland and Lord of Appeal in Ordinary, is born in Belfast, Northern Ireland, on June 29, 1932.

Hutton is the son of a railways executive. He wins a scholarship to Shrewsbury School and Balliol College, Oxford (BA jurisprudence, 1953) before returning to Belfast to study at Queen’s University Belfast and becoming a barrister, being called to the Bar of Northern Ireland in 1954. He begins working as junior counsel to the Attorney General for Northern Ireland in 1969.

Hutton becomes a Queen’s Counsel in 1970. From 1979 to 1989, as Sir Brian Hutton, he is a High Court judge. In 1989, he becomes Lord Chief Justice of Northern Ireland, becoming a member of the Privy Council of Northern Ireland, before moving to England to become a Lord of Appeal in Ordinary on January 6, 1997. He is consequently granted a life peerage as Baron Hutton, of Bresagh in the County of Down.

On March 30, 1994, as Lord Chief Justice of Northern Ireland, Hutton dismisses Private Lee Clegg‘s appeal against his controversial murder conviction. On March 21, 2002 he is one of four Law Lords to reject David Shayler‘s application to use a “public interest” defence as defined in section 1 of the Official Secrets Act 1989 at his trial.

Hutton represents the Ministry of Defence at the inquest into the killing of civil rights marchers on “Bloody Sunday.” Later, he publicly reprimands Major Hubert O’Neil, the coroner presiding over the inquest, when the coroner accuses the British Army of murder, as this contradicts the findings of the Widgery Tribunal.

Hutton also comes to public attention in 1999 during the extradition proceedings of former Chilean dictator General Augusto Pinochet. Pinochet had been arrested in London on torture allegations by request of a Spanish judge. Five Law Lords, the UK’s highest court, decide by a 3-2 majority that Pinochet is to be extradited to Spain. The verdict is then overturned by a panel of seven Law Lords, including Hutton, on the grounds that Lord Lennie Hoffmann, one of the five Law Lords, has links to human rights group Amnesty International which had campaigned for Pinochet’s extradition.

In 1978, Hutton defends the UK at the European Court of Human Rights in the case of Ireland v United Kingdom, when the court decides that the interrogation techniques used were “inhuman and degrading” and breached the European Convention on Human Rights, but do not amount to “torture.” The court also finds that the practice of internment in Northern Ireland had not breached the Convention. He sentences ten men to 1,001 years in prison on the word of “supergrass” informer Robert Quigley, who is granted immunity in 1984.

Hutton is appointed by Tony Blair‘s government to chair the inquiry on the circumstances surrounding the death of scientist David Kelly. The inquiry commences on August 11, 2003. Many observers are surprised when he delivers his report on January 28, 2004 and clears the British Government in large part. His criticism of the BBC is regarded by some as unduly harsh with one critic commenting that Hutton had given the “benefit of judgement to virtually everyone in the government and no-one in the BBC.” In response to the verdict, the front page of The Independent newspaper consists of one word, “Whitewash?”

Peter Oborne writes in The Spectator in January 2004: “Legal opinion in Northern Ireland, where Lord Hutton practised for most of his career, emphasises the caution of his judgments. He is said to have been habitually chary of making precedents. But few people seriously doubt Hutton’s fairness or independence. Though [he is] a dour Presbyterian, there were spectacular acquittals of some very grisly IRA terrorist suspects when he was a judge in the Diplock era.”

Hutton retires as a Law Lord on January 11, 2004. He remains a member of the House of Lords until retiring under the House of Lords Reform Act 2014 on April 23, 2018.

Hutton dies at the age of 88 on July 14, 2020.


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Seán MacBride Receives the Nobel Peace Prize

Seán MacBride, Irish Clann na Poblachta politician who serves as Minister for External Affairs from 1948 to 1951, Leader of Clann na Poblachta from 1946 to 1965 and Chief of Staff of the Irish Republican Army (IRA) from 1936 to 1937, receives the Nobel Peace Prize in Oslo on December 10, 1974. He also serves as a Teachta Dála (TD) from 1947 to 1957.

Rising from a domestic Irish political career, MacBride founds or participates in many international organisations of the 20th century, including the United Nations, the Council of Europe and Amnesty International. In addition to the Nobel Peace Prize, he receives the Lenin Peace Prize for 1975–76 and the UNESCO Silver Medal for Service in 1980.

MacBride is awarded the Peace Prize for his efforts on behalf of human rights, among other things as one of the founders of Amnesty International. He is described as a man who “mobilised the conscience of the world in the fight against injustice.” In December 1973, he is elected United Nations Commissioner for Namibia, a position he holds until January 1, 1977. In 1974 he is also Chairman of the International Peace Bureau and Under-Secretary-General of the United Nations.

MacBride, nevertheless, has had a violent past. His father is executed following the Easter Rising of 1916, the Irish struggle for liberation from Great Britain. He is only 13 when he joins the Irish Republican Army (IRA). He takes part in the concluding battles of the Irish War of Independence against the British before the Irish Republic is founded in 1921, and in the Irish Civil War that follows. He backs Éamon de Valera in the latter’s refusal to accept Northern Ireland‘s continuing union with England. In the 1930s, he breaks with the IRA and qualifies in law. He defends IRA prisoners in Irish prisons who had been condemned to death.

After World War II he is for a few years Minister for External Affairs for Ireland. He plays a leading part in the establishment of the Council of Europe, and in the preparation of the European Convention on Human Rights of 1950.

MacBride dies in Dublin on January 15, 1988, eleven days before his 84th birthday. He is buried in Glasnevin Cemetery in a grave with his mother and wife, who died in 1976.


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Ireland Becomes Founder Member of the Council of Europe

council-of-europe-logo

On May 5, 1949, Ireland becomes one of ten founder members of the Council of Europe, an international organisation whose stated aim is to uphold human rights, democracy and the rule of law in Europe.

The Council of Europe currently has 47 member states, covers approximately 820 million people and operates with an annual budget of approximately half a billion euros.

The organisation is distinct from the 28-nation European Union (EU), although it is sometimes confused with it, partly because the EU has adopted the original European Flag which was created by the Council of Europe in 1955, as well as the European Anthem. No country has ever joined the EU without first belonging to the Council of Europe, which is an official United Nations Observer.

Unlike the EU, the Council of Europe cannot make binding laws, but it does have the power to enforce select international agreements reached by European states on various topics. The best known body of the Council of Europe is the European Court of Human Rights, which enforces the European Convention on Human Rights.

The Council’s two statutory bodies are the Committee of Ministers, comprising the foreign ministers of each member state, and the Parliamentary Assembly, composed of members of the national parliaments of each member state. The Commissioner for Human Rights is an independent institution within the Council of Europe, mandated to promote awareness of and respect for human rights in the member states. The Secretary General heads the secretariat of the organisation. Other major CoE bodies include the European Directorate for the Quality of Medicines.

The headquarters of the Council of Europe are in Strasbourg, France. English and French are its two official languages. The Committee of Ministers, the Parliamentary Assembly and the Congress also use German, Italian, Russian, and Turkish for some of their work.