Legislation giving conditional immunity to Troubles-era suspects 'breaches' human rights, court rules

February 28, 2024

Provisions for conditional immunity from prosecution for Troubles offences in the government's Legacy Act are not compatible with human rights legislation, a court has ruled.

Delivering a judgment at Belfast High Court, Mr Justice Adrian Colton said there was no evidence the immunity provision would in any way contribute to reconciliation in Northern Ireland.

The Legacy Act received royal assent in September despite widespread opposition from political parties, victims' organisations in Northern Ireland and the Irish government.

Aspects of the laws include a limited form of immunity from prosecution for Troubles-related offences for those who co-operate with the new Independent Commission for Reconciliation and Information Recovery.

The new Legacy Act will also halt future civil cases and legacy inquests.

A number of Troubles victims had taken the legal action challenging the human rights compliance of the government's Legacy Act.

Mr Justice Colton told the court: "I am satisfied that the immunity from prosecution provisions under section 19 of the Act are in breach of the lead applicant's rights pursuant to Article 2 of the ECHR (European Convention on Human Rights).

"I am also satisfied they are in breach of Article 3 of the ECHR."

He added: "There is no evidence that the granting of immunity under the Act will in any way contribute to reconciliation in Northern Ireland, indeed the evidence is to the contrary."

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