CAT/C/GBR/CO/5 Transitional justice in Northern Ireland 23. The Committee welcomes the development by the Northern Ireland Office and Northern Ireland Department of Justice of a “package of measures” to deal with the past in Northern Ireland, including the establishment of mechanisms to carry out historical investigations into deaths related to the conflict, including of victims of torture and illtreatment. However, it notes reports of apparent inconsistencies in investigation processes in which military officials are involved which delay or suspend investigations, thus curtailing the ability of competent bodies to provide prompt and impartial investigations of human rights violations and to conduct a thorough examination of the systemic nature or patterns of the violations and abuses that occurred in order to secure accountability and provide effective remedy. In addition, the Committee is concerned about the State party’s decision not to hold a public inquiry into the death of Patrick Finucane (arts. 2, 12, 13, 14 and 16). The Committee recommends that the State party develop a comprehensive framework for transitional justice in Northern Ireland and ensure that prompt, thorough and independent investigations are conducted to establish the truth and identify, prosecute and punish perpetrators. In this context, the Committee is of the view that such a comprehensive approach, including the conduct of a public inquiry into the death of Patrick Finucane, would send a strong signal of its commitment to address past human rights violations impartially and transparently. The State party should also ensure that all victims of torture and ill-treatment are able to obtain adequate redress and reparation. Historical Institutional Abuse Inquiry 24. While welcoming the establishment in May 2012 of the Historical Institutional Abuse Inquiry, which will investigate the experiences of abuse of children in residential institutions in Northern Ireland between 1922 and 1995, the Committee regrets that some victims, such as women over 18 who were confined in Magdalene Laundries and equivalent institutions, as well as clerical abuse survivors, will fall outside the remit of the inquiry (arts. 2, 12, 13, 14 and 16). The Committee recommends that the State party conduct prompt, independent and thorough investigations into all cases of institutional abuse that took place in Northern Ireland between 1922 and 1995, including of women over 18 who were detained in Magdalene Laundries and equivalent institutions in Northern Ireland, and ensure that, where possible and appropriate, perpetrators are prosecuted and punished, and that all victims of abuse obtain redress and compensation, including the means for as full as possible rehabilitation, in accordance with the Committee’s general comment No. 3 on the implementation of article 14 by States parties. Use of evidence obtained by torture 25. The Committee notes the House of Lords’ judgment in the case of A and others v. Secretary of State for the Home Department (No. 2) [2005] (UKHL71) (CAT/C/GBR/5, para. 27) not to allow evidence obtained by torture to be admissible in legal proceedings. It is concerned, however, that the burden of proof on the admissibility of torture material continues to lie with the defendant/applicant (art. 15). The Committee calls on the State party to ensure that where there is allegation that a statement was made under torture, the burden of proof is on the State. In addition, the State party should never rely on intelligence material obtained from third countries through the use of torture or other cruel, inhuman or degrading treatment. 9