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The Irish government is to bring a legal case against the UK under the European Convention on Human Rights (ECHR).

The inter-state case is over the UK‘s decision to bring in the Northern Ireland Troubles Legacy Act, deputy premier Micheal Martin has confirmed.

The act became UK law in September 2023. It looks to end legal proceedings relating to the Troubles by granting immunity to people who cooperate with the new Independent Commission for Reconciliation and Information Recovery (ICRIR).

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On the UK side, the move was welcomed by soldiers and their families, following various historical prosecutions.

But there were warnings it would breach the ECHR as granting amnesties has previously been found by the European Court of Human Rights (ECtHR) to be incompatible with a country’s obligation to have a way for unnatural deaths and allegations of torture to be investigated.

Complying with the ECHR is part of the Good Friday Agreement.

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Mr Martin said the decision was made “after much thought and careful consideration”.

He added: “I have consistently adopted a victims-centred approach to this issue. We are not alone in our concerns.

“Serious reservations about this legislation have also been raised by a number of international observers, including the Council of Europe’s Commissioner for Human Rights and the UN High Commissioner for Human Rights.

“Most importantly, this legislation is opposed by people in Northern Ireland, especially the victims and families who will be most directly impacted by this act.

“In particular, we have concerns around provisions which allow for the granting of immunity, and which shut down existing avenues to truth and justice for historic cases, including inquests, police investigations, Police Ombudsman investigations, and civil actions.

“Even in cases in which immunity is not granted,’reviews’ by the proposed body, the Independent Commission for Reconciliation and Information Recovery are not an adequate substitute for police investigations, carried out independently, adequately, and with sufficient participation of next of kin.”

When the act was passing through parliament, the UK’s Northern Ireland Office said it believed the law was in compliance with the ECHR.

This was due to the immunity being matched with the investigatory power of the ICRIR.

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September: Northern Ireland legacy bill approved by MPs – but legal fight could be coming

The UK government stated at the time that “there is some support for the concept of amnesties in ECtHR jurisprudence, which recognises that the use of an amnesty can further the objective of reconciliation”.

According to the House of Commons Library, the act “would create a conditional immunity scheme, providing immunity from prosecution for Troubles-related offences for individuals that cooperate by providing information to the ICRIR.

“Future prosecutions would only be possible where immunity was not granted, following a referral from the ICRIR.

“However, it will not be possible to grant immunity to an individual who has already been convicted, or if a prosecution has already begun against them.”

It would also:

• Prevent non-ICRIR investigations into events from the Troubles;

• Prevent Troubles-era prosecutions not involving death or serious injury;

• Stop civil claims related to Troubles-era conduct;

• Stop non-advanced inquests continuing and any new inquests starting;

• Start a programme of memorialisation of the Troubles.

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Colum Eastwood, the leader of the nationalist SDLP, welcomed the move from the Irish government, saying: “No political party or institution on this island supports the British Government’s approach to addressing the legacy of the past.”

More than 3,500 people were killed during the Troubles, including over 1,000 members of the security forces.

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UK

Liam Payne’s cause of death confirmed during UK inquest opening

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Liam Payne's cause of death confirmed during UK inquest opening

One Direction star Liam Payne died of multiple traumatic injuries, a UK inquest into his death has heard.

The 31-year-old singer, who died in October after falling from the third-floor balcony of a hotel in Buenos Aires, Argentina, was confirmed to have died of “polytrauma”, the inquest opening heard.

The hearing, which Buckinghamshire Coroner’s Court said was held on 17 December, was told it may take “some time” to establish how Payne died.

The inquest into Payne’s death in the UK has been adjourned until a pre-inquest review on 6 November, the coroner’s court said.

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Mourners gather for Payne’s funeral

Five people have been charged over Payne’s death at the Casa Sur Hotel on 16 October.

The hotel’s manager, a receptionist and a “representative” of Payne have been charged with negligent homicide (similar to manslaughter in UK law), Argentina’s National Criminal and Correctional Prosecutor’s Office previously said in a statement.

They are hotel manager Gilda Martin, receptionist Esteban Grassi and Payne’s “representative” Roger Nores.

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Two others, hotel employee Ezequiel Pereyra and waiter Braian Paiz, have been charged with supplying cocaine.

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Family and friends attended Payne’s funeral on 20 November, including his girlfriend Kate Cassidy and former partner Cheryl, with whom he had a son, Bear.

His One Direction bandmates, Harry Styles, Louis Tomlinson, Niall Horan and Zayn Malik also attended the private ceremony.

Senior Coroner Crispin Butler said during the inquest hearing: “Whilst there are ongoing investigations in Argentina into the circumstances of Liam’s death, over which I have no legal jurisdiction, it is anticipated that procuring the relevant information to address particularly how Liam came by his death may take some time through the formal channel of the Foreign, Commonwealth and Development Office.”

It comes after the star’s final hours were recently detailed by a judge and the Argentinian Public Prosecutor’s Office, who said in a statement Payne had been “demanding” drugs and alcohol during his stay at the hotel.

On 16 October, Payne was in the hotel lobby and “unable to stand” due to the “consumption of various substances”, the court document said.

The receptionist and two others “dragged” the singer to his room.

The document also reiterated the hypothesis that Payne had “tried to leave the room through the balcony and thus fell”.

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UK

Plan to sanction people smuggling gangs is a bold and novel departure – but can the government make it bite?

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Plan to sanction people smuggling gangs is a bold and novel departure - but can the government make it bite?

So can you stop people smugglers by lumbering them with sanctions? That is the government’s latest idea, and it is bold and innovative.

It will certainly get attention, even if that doesn’t mean it will work. But it is another effort by this government to differentiate itself from the leaders who came before.

In a nutshell, the idea is to cut the financing to what the Foreign Office refers to as “organised immigration networks” and is intended to deter “smugglers from profiting off the trafficking of innocent people”.

So far, so convincing. The rhetoric is good. The reality may be more difficult.

For one thing, and we await actual details of what’s going to be done, this raises an enormous question of how this can be accomplished.

A view of small boats and outboard motors used by people thought to be migrants to cross the Channel at a warehouse facility in Dover.
Pic: PA
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A view of small boats and outboard motors used by people thought to be migrants to cross the Channel at a warehouse facility in Dover. Pic: PA

Some of the people smugglers bringing people across the Channel are based in Britain, but most aren’t. And as a general rule, they’re quite hard to track down.

I know that, because I’ve met some of them.

In Kurdistan, I drank tea with a cheerful man, Karwan, who had been responsible for smuggling a thousand people into Europe.

He had absolutely no fear of being caught, and no sense that he was even breaking the law.

The smuggling gang did not want to reveal their faces. From Parsons October 2023 shorthand
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The smuggling gang, who we met in October 2023, did not want to reveal their faces


We meet that afternoon. The smuggler, *Karwan, turns up with three other men, all members of his group - he doesn't like the word "gang" - and accepts the offer of a cup of hot tea. From Parsons VT for shorthand October 2023

Instead, Karwan considered that he was doing a duty to Kurds, allowing them to escape from the hardship of their nation to a more prosperous life in other countries, including Britain. Or, at least, that’s what he said.

How exactly Britain could impose sanctions on him is hard to imagine.

Nor is it hard to think of fear now creeping into the minds of the various smugglers I’ve met during years of reporting from the beaches of northern France.

These people are well aware that they’re breaking the law. You can hardly spend your time dodging French police and claim to be innocent.

Guns are becoming more commonplace in migrant camps. The spectre of sanctions won’t stop them.

Man suspected of supplying small boats for Channel migrant crossings arrested
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Life jackets allegedly belonging to a gang of people smugglers which were seized by police in November

So the question is whether the British government can track down the people at the very top of these organisations and find a way of levying financial sanctions that bite.

Presumably, if these people were in Britain, they’d be arrested, with the prospect of their assets being frozen.

So imposing sanctions will probably involve working alongside European countries, coordinating action and sharing information. A process that has become more complicated since Brexit.

Sanctions have previously worked well when targeted towards high-profile people and organisations with a clear track record.

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The oligarchs who have propped up Vladimir Putin’s regime, for instance, or companies trying to procure armaments for hostile states. All have been targeted by a coalition of nations.

But this idea is novel – unilateral for a start, even if, one assumes, the French, Germans, Belgians and others have been warned in advance.

It’s also not quite clear how it will work – organised crime is famously flexible and if you successfully sanction one person, then someone else is likely to take over.

As for levying sanctions on the smuggling leaders in Iraq, Syria, Libya, Egypt, Albania and beyond – well, good luck.

An inflatable dinghy carrying migrants makes its way towards England in the English Channel.
Pic: Reuters
Image:
An inflatable dinghy carrying migrants makes its way towards England in the English Channel. Pic: Reuters

What it does is to draw that distinction between the recent past, when the Rwanda plan was the main ambition, and Keir Starmer’s reliance on focusing on criminality and working together with partners.

And one other note. For years, the government has talked about people crossing the Channel as illegal migrants, even though there is a dispute between UK and international law about whether these people are actually breaking the law.

Now the Foreign Office is using the term “irregular migration”. Is this a change of tone, or just a stylistic whim? Just as with the sanctions, we will wait and see.

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Senior Tory MP Sir David Davis calls for Lucy Letby retrial

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Senior Tory MP Sir David Davis calls for Lucy Letby retrial

A senior Conservative has called for a retrial for Lucy Letby, the nurse jailed for murdering seven babies and attempting to murder seven others.

Former minister Sir David Davis has said he believes a retrial will “clear” her, as her conviction was “built on a poor understanding of probabilities” and lacked “hard evidence”.

He told MPs on Wednesday “there is case in justice” for a retrial, but admitted there was a problem.

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David Davis

Much of the expert analysis of the case notes he was referring to, was available at the time but not presented to the jury, he said.

That meant the Court of Appeal can dismiss it, “basically saying the defence should have presented it at the initial trial”.

In effect, he said, the court can say: “‘If your defence team weren’t good enough to present this evidence, hard luck you stay banged up for life’.”

Such an outcome “may be judicially convenient, but it’s not justice,” he said.

He said earlier: “There was no hard evidence against Letby, nobody saw her do anything untoward. The doctor’s gut feeling was based on a coincidence – she was on shift for a number of deaths, and this is important, although far from all of them, far from all of them.

“It was built on a poor understanding of probabilities, which could translate later into an influential but spectacularly flawed piece of evidence.”

Sir David said Letby’s case “horrified the nation” and that it “seemed clear a nurse had turned into a serial killer”.

“Now I initially accepted the tabloid characterisation of Letby as an evil monster, but then I was approached by many experts, leading statisticians, neonatal specialists, forensic scientists, legal experts and those who had served at Chester Hospital who were afraid to come forward,” he added.

These experts convinced Sir David that “false analyses and diagnoses” had been used to “persuade a lay jury” to find Letby guilty.

Responding to Sir David, Justice Minister Alex Davies-Jones said it is “an important principle of the rule of law that the Government does not interfere with judicial decisions”.

She added: “It is not appropriate for me or the government to comment on judicial processes nor the reliability of convictions or evidence.”

Ms Davies-Jones later told the Commons that Letby could apply to the Criminal Cases Review Commission if she believed she had been wrongly convicted.

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Letby, from Hereford, is serving 15 whole-life orders after she was convicted at Manchester Crown Court of murdering seven infants and attempting to murder seven others, with two attempts on one of her victims, between June 2015 and June 2016.

Letby, who was in her mid-20s and working at the Countess of Chester Hospital at the time of the murders, is now the UK’s most prolific child killer of modern times.

The 33-year-old killed her victims by injecting the infants with insulin or air or force-feeding them with milk.

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