Bloody Sunday families fear immunity deal

Posted by Jim on March 8, 2014

 

The revelation that an administrative scheme to deal with IRA ‘On the
Run’s’ (OTRs) has been operating quietly for at least 13 years has
angered some of those bereaved by the Bloody Sunday massacre and other
state killings.

Sinn Fein has strongly denied claims that they agreed to an amnesty for
British soldiers in return for so-called “letters of comfort”. The
letters indicate that no conflict-related prosecutions would be brought
against its recipients. Sinn Fein said the 187 letters issued so far to
its supporters served to clarify the uncertain legal position facing
many nationalists and republicans as a result of historical events.

But the SDLP has accused their political rivals of ‘dishonesty’ in
their dealings with the past.

Former British Direct Ruler Peter Hain said this week that an amnesty
should naturally be extended to murderous members of the British Crown
forces, including those who were involved in the Bloody Sunday
killings.

“If you have, as has been the case, addressed the question of former
terrorists involved in activity, then it should apply even-handedly
right across the board to members of the British security forces as
well,” Mr Hain said.

In response, Sinn Fein’s Raymond McCartney said Hain’s comments were
“ill judged and inappropriate”. He said his party had always supported
the Bloody Sunday families, but he said Sinn Fein at no point agreed to
an amnesty deal with the British military.
 

“When the then British Secretary of State, Peter Hain introduced a
reference in the proposed legislation (in 2005) to immunity for the
British army, Sinn Fein immediately rejected it and rather than remove
the section Hain dumped the whole Bill necessitating the renegotiation
of the current OTR process.”

Relatives of the Bloody Sunday victims say that their support was
sought by Sinn Fein in 2005 for Hain’s OTR legislation and in return
they would have to drop their campaign to see members of the British
military prosecuted for the 1972 massacre. They fear a ‘side-deal’ has
also been formalised for members of the Crown forces.

Kate Nash, who’s brother William was shot dead on Bloody Sunday and her
father Alex wounded whilst trying to go to his son’s aid, described the
situation as a “disgrace.”

She said the offer made to the Bloody Sunday families to support OTRs
in return for dropping possible prosecutions against members of the
Parachute Regiment had been wholly rejected by the families.

“Nobody should be above the law. I wouldn’t be surprised if soldiers
had already been given similar letters. Sinn Fein seem to be leading
players in this with the British government. It’s shocking I suppose
but not actually a surprise. It smacks of intrigue and dirty dealings.
Where was the openness and transparency over this?”

Linda Nash reiterated her sister’s claims and said she recalled
thinking “what is an OTR?”

 

“They wanted to lump in support for OTRs in an immunity deal where no
soldiers were prosecuted, but nobody agreed to it. I thought if they
are on the run, that’s up to themselves, it has nothing to do with us,”
she said.

Mr Durkan, a former SDLP leader, accused Sinn Fein of being only
concerned with “getting their on-the-runs back with no questions asked,
i.e., it has not been about the victims.”

Referring to those who were given clearance letters as “Shinners list”,
he added: “We always knew they was going to be a side deal. Peter Hain
launched his Bill (in 2005) and it took in OTRs and everybody else. It
was unconscionable that it was not going to be all-inclusive. Closure
cannot be one-sided.”

‘NOT AN AMNESTY’

Sinn Fein Martin McGuinness has said the fact that some republicans
were denied letters — and told they would be arrested if they entered
a British jurisdiction — proves that they were nothing more than
official confirmation that there was no evidence linking individuals to
offences.

And PSNI chief Matt Baggott also told a meeting of the Policing Board
in Belfast there was no amnesty.

 

Mr Baggott said: “As far as I am concerned there are no get out of jail
cards, there are no amnesties and there are no letters of immunity. If
new evidence emerges then it will be investigated and we will send
reports to the Public Prosecution Service.”

For its part, the British government also insisted that the various
letters sent out over the years did not amount to “immunity, exemption
or amnesty from arrest”.  And the scheme is now at an end, British
Direct Ruler Theresa Villiers said on Friday.

But the DUP and SDLP has continued to insist they had not been told of
the scheme, claiming a reference to it at a Policing Board meeting in
2010 had been without key details.

The DUP has said that a judge-led inquiry, ordered by British Prime
Minister David Cameron and due to conclude by May, would see the names
of every republican on-the-run that received a letter be made public —
and that at least some of the letters would be overturned.

Sinn Fein president Gerry Adams has claimed the entire controversy is a
sham crisis.

“It is important to understand that the letters provided cannot be
rescinded. If you’re not wanted — you’re not wanted,” he said.
“Clearly, despite all of the feigned brouhaha and hot air generated by
unionist leaders, this process is not an amnesty.”