Troubles Legacy Act challenged at Belfast High Court

https://www.bbc.co.uk/news/uk-northern-ireland-67477674

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The Troubles was a period of conflict which lasted for 30 years and cost the lives of more than 3,500 people

A legal challenge by opponents of the government's Troubles Act has begun at the High Court in Belfast.

The law came into force in September and offers a conditional amnesty to individuals accused of conflict-related offences.

The case is being brought by a number of relatives of victims, as well a survivor of a gun attack.

Opening the hearing on their behalf, John Larkin KC told the court how each had been affected by the conflict.

He said their cases were "broadly representative" of the hurt the act had caused victims.

Martina Dillon, one of those bringing the case, said before the hearing: "Victims have been shamefully ignored - we did not want this law."

Her husband Seamus was 45 when he was shot dead in a loyalist attack at a hotel in Dungannon, County Tyrone, in 1997.

An inquest into his death is scheduled but it may not be finished before the May cut-off date under the act.

Martina Dillon, whose husband was killed in 1997, is one of those challenging the act

On Tuesday, Mr Larkin told the court that Ms Dillion had "dedicated her life" to fighting for truth and justice.

Under the act, those responsible would not be held accountable, while she "has sleepless nights not getting justice," he added.

The case is scheduled to last at least five days.

What is the Northern Ireland Legacy Bill?

Controversial Troubles legacy bill becomes law

The act will end future civil litigation and inquests into deaths which occurred during more than 30 years of violence, known as the Troubles.

It is also likely to limit investigations, which from now on would be undertaken by the Independent Commission for Reconciliation and Information Recovery (ICRIR).

Opponents to the bill say they deserve to have answers and accountability

Opponents, which include victims' groups and all political parties at Stormont, have argued it will remove access to justice.

The government described the legislation as an attempt to draw a line under past and advance reconciliation.

It has repeatedly stated the new act is, in its view, human rights compliant.

'We want answers'

Speaking before the hearing, Mrs Dillon said: "We want answers about what happened to our loved ones and we want accountability.

"I fight this oppressive legislation in my husband's memory and in solidarity with other victims having their rights denied."

She is being joined in the case by John McEvoy and Lynda McManus.

Mr McEvoy is a survivor of a loyalist shooting at a pub in Kilcoo, County Down, in 1992.

Ms McManus's father, James, was wounded in the Ormeau Road betting shop massacre in Belfast the same year.

A protest was held by Troubles victims and survivors outside the court on Tuesday

In all, 20 applications for judicial review of the act were received by the High Court.

But a judge selected one as the lead case due to the "broad spectrum" of issues covered by their challenge.

Lawyers for those mounting the challenge claim the act is unconstitutional and incompatible with the Human Rights Act.

The hearing is scheduled to last several days.

'Right this wrong'

Experts have speculated the challenge could take several years to exhaust, as it could go all the way to the Supreme Court.

Amnesty International supports the challenge.

Families of those killed during the Troubles arrived at the High Court on Tuesday

Its Northern Ireland deputy director, Grainne Teggart, said: "It is now over to the courts to right this wrong.

"Victims' rights must be upheld and the government cannot dismiss its obligations."

Related Topics

Belfast

The Troubles