Assessing Damage, Urging Action
the central authorities. Repressive laws that were hawked as counter-terrorist
legislation played no minor part in strengthening the resistance and fuelling
disaffection against the state in the face of mass arrests, detention, abduction
and extra-judicial killings and disappearances.” 73
Witnesses to the Hearings also, on occasion, gave constructive guidance as to
how to avoid or limit the counter-productive effects of counter-terrorism measures. A consistent message to the Panel was that effective accountability over the
police and other security agencies would have minimised the adverse effects of the
counter-terrorist effort. At the Hearing in Northern Ireland, for example, the Panel
was informed that the transition to peace was in part mediated by the introduction
of an array of human rights safeguards, for example:
• an independent complaints body vested with extensive legal powers to
effectively oversee civilian complaints against the police (replacing a weak
predecessor which, despite its name, was not genuinely independent);
• strong civic oversight of the police and a range of measures to ensure recruitment from across different communities;
• new legislation, codes of conduct, and training for the police;
• audio and video recording of all police interrogations;
• changes to the human rights legal framework (incorporation into domestic
law of the European Convention of Human Rights, and discussion of a Bill of
Rights for Northern Ireland to “constitutionalise” human rights);
• stronger equality legislation;
• reforms to the judiciary and prosecution service;
• creation of domestic bodies to oversee and guide government on human
rights and equality measures;
• integration of human rights and equality considerations into all government
policies (including youth provision, economic programmes and police use of
informers, to give three very different examples).74
Witnesses averred that if some or all of these safeguards had existed earlier, a lot
of the violations might have been avoided. In commenting on the belated introduction of audio and video recording of police interrogations, a submission to the Panel
noted “their earlier introduction would have meant that detainees were not subject
73
Written submission by Advocate K.S. Ratnavale, Governor, Centre for Human Rights and Development, Sri
Lanka, EJP South Asia Hearing.
74
See CAJ, final submission, p. 10.
45
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