These explanatory notes relate to the Model Implementation Bill for the Stormont House Agreement prepared by a drafting committee comprised of representatives of the Committee on the Administration of Justice, individual academics and visiting scholars from the Queen’s University of Belfast and the Ulster University (the Model Implementation Bill is published separately here under ‘Stormont House Agreement’ outputs) .
While it is widely believed that the use of amnesties and similar measures would mark a new departure in NI and the UK, so that speculation about their introduction causes public controversy and threatens political instability, the report demonstrates that such measures have in fact been repeatedly used in a wide range of circumstances since the foundation of the NI state. The paper offers definitions of the key measures which have been employed, including amnesties, sentence reductions linked to peace building and use immunities. It explores their historical use and its consequences.
By Gordon Anthony, Luke Moffett, Kieran McEvoy & Louise Mallinder
This report examines the role that investigations and prosecutions play in the context of the Northern Ireland transition by considering: Article 2 of the European Convention on Human Rights (ECHR) and the need for the State to investigate the use of force by state actors such as the police or the army; and the fact that the state will in many cases be investigating acts of violence that were committed by state and non-state actors many years ago.
By Louise Mallinder, Luke Moffett, Kieran McEvoy & Gordon Anthony
This report addresses the procedural legal obligations of states with regard to violations of the right to life (Article 2) and freedom from torture (Article 3) under the European Convention on Human Rights (ECHR), with particular reference to the permissibility of amnesties under the convention.