Memorandum submitted by the Committee
on the Administration of Justice
The Committee on the Administration of Justice
(CAJ) was established in 1981 and is an independent non-governmental
organisation affiliated to the International Federation of Human
Rights. CAJ takes no position on the constitutional status of
Northern Ireland and is firmly opposed to the use of political
violence. Its membership is drawn from across the whole community.
The Committee seeks to secure the highest standards
in the administration of justice in Northern Ireland by ensuring
that the government complies with its responsibilities in international
human rights law. CAJ works closely with other domestic and international
human rights groups such as Amnesty International, Human Rights
First (formerly the Lawyers Committee for Human Rights) and Human
Rights Watch, and makes regular submissions to a number of United
Nations and European bodies established to protect human rights.
The organisation has been awarded several international
human rights prizes, including the Reebok Human Rights Award and
the 1998 Council of Europe Human Rights Prize.
The Committee on the Administration of Justice
(CAJ) is an independent non-governmental organisation that was
established in 1981. CAJ's activities include—publishing
reports, conducting research, holding conferences, monitoring,
campaigning locally and internationally, individual casework and
providing legal advice. Its areas of work are extensive and include
policing, emergency laws, criminal justice, equality and the protection
of rights. The organisation has been awarded several international
human rights prizes, including the Reebok Human Rights Award and
the Council of Europe Human Rights Prize.
Thank you for permitting CAJ to submit our views
on the Coroners and Justice Bill.
CAJ has noted with apprehension the muddled
manner in which the provisions of this Bill are presented; the
unrelated and numerous provisions which are presented in the schedules
of the Bill suggest that significant debate may not be afforded
to such important issues.
This submission is dedicated to the provisions
relating to inquests which raise concerns in relation to the obligations
of the United Kingdom as regards Article 2 of the European Convention
on Human Rights (ECHR), particularly as they may apply to Northern
Ireland.
CERTIFIED INQUESTS
The European Court of Human Rights has ruled
that when an individual dies in custody or at the hands of the
state there is an obligation on the state under Article 2 (right
to life) to thoroughly investigate the death. Any decision to
exclude a jury from the inquest process warrants concern and the
public confidence in the justice system may be undermined, a substantial
issue in Northern Ireland.
The European Court has acknowledged that "there
must be a sufficient element of public scrutiny of the investigation
or its results to secure accountability in practice as well as
in theory. The degree of public scrutiny required may well vary
from case to case. In all cases, however, the next-of-kin of the
victim must be involved in the procedure to the extent necessary
to safeguard his or her legitimate interests'. That the Coroners
and Justice Bill may allow for the family of the deceased to be
prevented from participating in inquests which are certified by
the Secretary of State or having access to important information
relating to the death opens up the possibility of a breach of
Article 2, an issue of particular significance in Northern Ireland
where there are a number of inquests outstanding in cases relating
to the past where this must not be allowed to happen.
OTHER CONCERNS
In addition to the human rights issues in the
Coroners and Justice Bill noted by the Committee, CAJ would like
to draw attention to several other concerns specifically relating
to Northern Ireland, as it appears that the provisions in relation
to non-jury inquests in Northern Ireland are different than those
proposed in England and Wales and provide fewer safeguards.
As regards to England and Wales, clause 11 of
the Coroners and Justice Bill states that the Secretary of State
may issue a certificate for an inquest to be held without a jury
and that the Lord Chief Justice will nominate a High Court Judge
to conduct the inquest.
However, the provisions for non-jury inquests
in Northern Ireland (SCHEDULE 9 Section 38 Amendments to the Coroners
Act (Northern Ireland) 1959 section 18A) do not state who shall
conduct inquests which have been certified by the Secretary of
State. As such this suggests that in Northern Ireland if the Secretary
of State issues such a certificate, a coroner (and not HC judge
appointed by LCJ) will conduct the non-jury inquest.
Given that the High Court has supervisory jurisdiction
over public law decisions, the decisions of a coroner and the
Secretary of State are subject to judicial review. While clause
11 (in relation to England and Wales) alludes to this, neither
implicit nor explicit reference to judicial review as regards
Northern Ireland is made. More significantly, the proposed Bill
(clause 11) offers a dedicated appeals system for cases in England
and Wales. Why is Northern Ireland not granted this important
safeguard, in addition to the normal process of judicial review?
RECOMMENDATIONS
In light of the above, CAJ encourages the Joint
Committee to:
1. oppose any provisions which allow for
non-jury inquests, particularly those that may permit the exclusion
of the next of kin from the investigation process;
2. oppose the extension of these proposals
to Northern Ireland; and
3. support the inclusion of an appeal process
in any bill which permits an inquest to be certified and subsequently
held without a jury.
February 2009
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