On the morning of 15 December, the UK Supreme Court ruled the PSNI’s decision not to further investigate allegations of torture in the case of the ‘Hooded Men’ was unlawful:
Breaking: Hooded Men: UK Supreme Court quashes unlawful PSNI decsion not to further investigate allegations UK Ministers authorised torture.
CAJ represents Mary McKenna. Statement to follow. @julianoneill @freyamcc @ConnlaYoung https://t.co/j0yGaWTk3R
— CAJ (@CAJNi) December 15, 2021
The decision taken on 17 October 2014 not to investigate the allegation in the Rees Memo was based on a seriously flawed report, was therefore irrational, and falls to be quashed
What happened to the so-called “hooded men”?
The hooded men were arrested in 1971 as part of the British government’s internment without trial operation. The operation was called ‘Operation Demetrius’. This operation predominantly targeted people from an Irish republican and Catholic background and left those from a British loyalist background effectively untouched.
These 14 men were subjected to interrogation known as the ‘five techniques’ when the British Army arrested them. The techniques included:
- White noise
- Wall standing/ stress positions
- Sleep deprivation
- Bread and water diet
They were also thrown from helicopters that were hovering close to the ground having been told the aircraft were hundreds of feet in the air. Their names are:
Jim Auld, Pat Shivers, Joe Clarke, Michael Donnelly, Kevin Hannaway, Paddy Joe McLean, Francie McGuigan, Patrick McNally, Sean McKenna, Gerry McKerr, Michael Montgomery, Davy Rodgers, Liam Shannon and Brian Turley.
In 1978, the European Court of Human Rights found this amounted to inhuman and degrading treatment. However, it ruled the men’s treatment fell short of torture.
The PSNI took the case to the UK’s highest court having failed in Belfast’s Court of Appeal to overturn a High Court ruling that found the police should revisit its decision to end its investigation into the treatment of the men.
The Supreme Court looked at that issue and also whether the PSNI is sufficiently independent to conduct the legacy probe. The justices also examined a legal point regarding how far back the European Convention on Human Rights can be retrospectively applied.
Further investigation into Britain’s role in Ireland
The Supreme Court judgment will also rule on another Troubles incident on Wednesday. That relates to the 1972 fatal shooting of Jean Smyth, 24, on the Glen Road in Belfast. The Army’s Military Reaction Force unit has been suspected of involvement in the killing.
The case before the Supreme Court again centred on whether the PSNI was sufficiently independent to investigate the historical killing. Lord Hodge, Lord Lloyd-Jones, Lord Kitchin, Lord Sales, Lord Hamblen, Lord Leggatt and Lord Burrows heard legal submissions on the cases earlier this year.
Featured image via – YouTube screengrab – BBC News NI
We need your help to keep speaking the truth
Every story that you have come to us with; each injustice you have asked us to investigate; every campaign we have fought; each of your unheard voices we amplified; we do this for you. We are making a difference on your behalf.
Our fight is your fight. You’ve supported our collective struggle every time you gave us a like; and every time you shared our work across social media. Now we need you to support us with a monthly donation.
We have published nearly 2,000 articles and over 50 films in 2021. And we want to do this and more in 2022 but we don’t have enough money to go on at this pace. So, if you value our work and want us to continue then please join us and be part of The Canary family.
In return, you get:
* Advert free reading experience
* Quarterly group video call with the Editor-in-Chief
* Behind the scenes monthly e-newsletter
* 20% discount in our shop
Almost all of our spending goes to the people who make The Canary’s content. So your contribution directly supports our writers and enables us to continue to do what we do: speaking truth, powered by you. We have weathered many attempts to shut us down and silence our vital opposition to an increasingly fascist government and right-wing mainstream media.
With your help we can continue:
* Holding political and state power to account
* Advocating for the people the system marginalises
* Being a media outlet that upholds the highest standards
* Campaigning on the issues others won’t
* Putting your lives central to everything we do
We are a drop of truth in an ocean of deceit. But we can’t do this without your support. So please, can you help us continue the fight?