Tribunal 'puts ex-soldiers at risk'

12 April 2012

The Bloody Sunday inquiry tribunal was accused at the High Court today of "knowingly exposing individuals to the risk of death" by insisting that ex-soldiers must go to Londonderry to give evidence.

The tribunal, headed by Lord Saville of Newdigate, had ruled out any possibility of moving to the British mainland to hear the evidence and ruled that the witnesses must attend the Guildhall in Londonderry.

The decision was made despite "overriding concerns" by the Ministry of Defence that former service personnel would be targets for dissident republican organisations.

"We seek to challenge the decision as unlawful," said David Lloyd Jones, appearing for 36 former soldiers named on the tribunal's list of about 100 witnesses. He told Lord Justice Rose and Mr Justice Sullivan, at the start of a three-day hearing-that the ruling breached Article 2 of the European Convention on Human Rights, which states that "everyone's right to life shall be protected by law". The soldiers, whose identities cannot be revealed for legal reasons, are willing to give evidence, but object to being forced to do so in Londonderry.

In the view of the security services, they are all attractive targets for republican terrorist reprisals. The MoD pointed out in May that there had been six major attacks against security forces in Londonderry since last Christmas.

But the inquiry concluded that the chances of restoring public confidence would be seriously diminished, if not destroyed, if the inquiry were held elsewhere. The tribunal was satisfied the security services could provide protection sufficient to avoid risk to life. Mr Lloyd Jones said it was entirely understandable that, all things being equal, the families of the deceased wanted the inquiry to take place in Londonderry. "But all things are not equal," he said. "The interests of the families and the citizens of Derry are not the only considerations. The inquiry must be fair to all those involved."

Public confidence was dependent on the tribunal's ability to establish the truth, he said, and this would not be impaired by the hearing of oral evidence elsewhere.

Mr Lloyd Jones pointed out that, when the creation of the inquiry was announced, the Prime Minister clearly contemplated that some of the hearings would take place in London. The tribunal had initially agreed with this agenda and had given no proper explanation for its change of mind.

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