A few deaths in custody took place in disputed circumstances. No prosecutions were brought against police or prison officers in connection with deaths in custody which occurred in previous years, including in two cases where inquest juries brought in verdicts of unlawful killings. There were allegations of ill-treatment in police custody and in prisons. The European Court of Human Rights established the primacy of the prohibition of torture in a deportation case. The summer "parade" season in Northern Ireland was marked by many human rights violations by the police. Armed opposition groups were responsible for human rights abuses. The cessation of military activities called by the Irish Republican Army (IRA) in September 1994 ended in February with a bomb attack in London. The Irish Continuity Army claimed responsibility for several bombings and attempted bombings in Northern Ireland. Loyalist armed groups, including the Ulster Defence Association (UDA) and the Ulster Volunteer Force (UVF), officially maintained their cessation of military activities. An internal feud within the Irish National Liberation Army led to six deaths, including that of nine-year-old Barbara McAlorum, before one of the two factions, the ghq Staff, disbanded itself in September. In July, the Asylum and Immigration Act 1996 became law, extending the "fast track" appeal procedures introduced in previous legislation to a broad range of asylum cases, including those where the applicant is from a country on a "white list", a list of countries where the authorities consider there to be no serious risk of persecution. Appeal rights in the majority of "safe third country" cases were effectively abolished. The Act also provided for the withdrawal of welfare benefits to the majority of asylum-seekers. This latter provision was legally challenged on several occasions. In March the UN Committee on the Elimination of All Forms of Racial Discrimination expressed concerns, during its examination of the United Kingdom's Thirteenth Periodic Report, that a disproportionate number of members of minority groups were the victims of deaths in custody and ill-treatment. There were a few deaths in custody in disputed circumstances during the year. Ibrahima Sey, a Gambian asylum-seeker, died on 16 March shortly after being restrained by police officers; he was sprayed with cs gas after being handcuffed. The introduction of cs gas as standard police equipment was approved in August, despite concern about its effects. Other deaths in custody being investigated by the police included those of Ziya Mustafa Birikim, Oscar Okoye, Ahmed El-Gammel and Bosey Davis. In Northern Ireland, 36-year-old Jim McDonnell died, allegedly from a heart attack, after being forcibly restrained in Maghaberry Prison in March. No prosecutions were brought against officers involved in the deaths of Brian Douglas or Wayne Douglas (see Amnesty International Report 1996). The inquest into the death of Brian Douglas ruled in August that he had died of "misadventure": the officers' conduct was lawful but events took a turn that led to death. The jury was told that Brian Douglas suffered six hairline fractures to the skull, consistent with his having been hit with a baton. In November, the inquest into the death of Wayne Douglas was told by eye-witnesses that a police officer knelt on Wayne Douglas' head while he was handcuffed and held face down on the ground by at least four other officers. The jury found that his death was accidentally caused by stress, exhaustion and positional asphyxia. A police officer charged with a disciplinary offence in relation to the death of Joy Gardner during an attempted deportation was acquitted in January (see Amnesty International Report 1996). Another officer was acquitted in December on a charge of actual bodily harm in connection with the death of Gary Allsopp (see Amnesty International Report 1996). No prosecutions were brought against police officers involved in the deaths of Richard O'Brien and Shiji Lapite, despite inquest jury verdicts of unlawful killing (see Amnesty International Report 1996). The January inquest was told that Shiji Lapite had sustained 36 to 45 separate injuries; he had been kicked and bitten, and died from a fractured cartilage in his voice-box caused by the neck-hold used by the officers in restraining him. People held in police custody were allegedly ill-treated. In February, student Amer Rafiq was arrested in Manchester for public disorder and taken in a police van to the local police station. After his arrival he was taken to hospital because of his injuries; subsequent attempts to save his right eye failed. No prosecutions were brought against the officers involved in the arrest. In other cases, damages were awarded against the Metropolitan (London) Police for assault and other charges, including £220,000 for Kenneth Hsu; £302,000 for Danny Goswell; and £110,000 for Janet Scafe. Category A prisoners (prisoners regarded as a high security risk) were held in conditions which led to serious deterioration in their physical and mental health. Róisín McAliskey, who was four months pregnant, was temporarily detained in a filthy cell in the special security unit of an all-male prison. She and other prisoners, including Patrick Kelly, who was suffering from cancer, received inadequate medical treatment. Royal Ulster Constabulary conduct during the "parade" season of July and August in Northern Ireland led to claims of human rights violations by the police, including ill-treatment and beatings of peaceful protesters. Claims were also made of biased policing; evidence supporting the claims included the disproportionately high number of plastic bullets fired at Catholic crowds. Police investigated the death of Denis McShane who was run over by a police vehicle. In September, Diarmuid O'Neill, an IRA member, was shot dead in disputed circumstances by police officers in London. Initial statements that he was killed during a shoot-out proved false, as he was unarmed. Questions were also raised about why Diarmuid O'Neill had been shot after cs gas had been sprayed into his room and what effect the gas might have had on his subsequent behaviour. Inquests in Northern Ireland into disputed killings in previous years continued to be postponed due to legal challenges to the procedures. In June, the Court of Appeal upheld a coroner's decision, in the hearing into the death of Pearse Jordan (see Amnesty International Reports 1993 and 1996), to allow police officers to give evidence anonymously and to deny the family's lawyer access to witness statements at the outset of the inquest. This judicial decision was appealed against and other inquests into disputed killings were adjourned pending the outcome. The June inquest into the death of Patrick Shanaghan in 1991 was unable to investigate allegations that he had been killed as a result of collusion between the UDA and the security forces. In February, the European Court of Human Rights ruled that the denial to John Murray of legal assistance while being interrogated under emergency legislation provisions in Northern Ireland violated his right to a fair trial. The Court also found that, in this particular case, his right of silence had not been violated (see Amnesty International Reports 1995 and 1996). The review of all emergency legislation in the United Kingdom, carried out by Lord Lloyd, was published in October. He recommended discontinuing some provisions, although this was premised on a situation of peace. A 10-week trial began in October of four Palestinians charged in connection with the July 1994 bombings in London of the Israeli Embassy and a Jewish centre. Two defendants were acquitted, but Samar Alami and Jawad Botmeh were convicted of conspiracy to cause explosions and sentenced to 20 years' imprisonment each. The pre-trial investigation gave rise to concerns that the charges may have been politically motivated. In Northern Ireland, some prisoners challenged the evidential basis for their convictions in the "Diplock Courts", leading to the acquittal of Stephen Larkin on a charge of murder in a retrial in May, and the quashing of the murder conviction of Colin Duffy by the Court of Appeal in September. The European Court of Human Rights ruled in November that the government's attempt to deport Karamjit Singh Chahal to India was in violation of the European Convention for the Protection of Human Rights and Fundamental Freedoms. He had been detained pending deportation on "national security" grounds since 1990 (see Amnesty International Reports 1992, 1995 and 1996). The Court stated that the prohibition of torture was paramount and that allegations of national security risk were immaterial to a determination of whether a person faced "a real risk" of torture if returned. The Court further ruled that the hearing before an advisory panel of three people did not satisfy the right under the Convention to have one's detention scrutinized by a judicial authority, and that his detention had therefore been unlawful. Karamjit Singh Chahal was released on the day of the judgment. Subsequently, other people detained under the same provisions were released, including Sezai Ucar and Raghbir Singh. Armed opposition groups committed human rights abuses. In February, a car bomb exploded in Docklands in London, killing two people; the IRA claimed responsibility for the attack. During that month another bomb exploded accidentally on a London bus, killing an IRA member and injuring eight people. In June, another IRA bomb destroyed a shopping centre in Manchester, injuring over 200 civilians. The IRA also claimed responsibility for two car bombs which exploded in Thiepval British Army Barracks in Lisburn, Northern Ireland, killing one soldier and injuring 30 others, including an eight-year-old girl. There were several deliberate and arbitrary killings in Northern Ireland, including that of John Molloy, for which no organization claimed responsibility but which may have been carried out by Loyalists for sectarian reasons. In addition, Michael McGoldrick, a Catholic, was shot dead in his taxi in July, allegedly by the UVF. In December, a booby-trap exploded under a car, injuring a well-known Republican, Edward Copeland. "Punishment" beatings and shootings continued. According to police figures, Republican armed groups were responsible for three shootings and 172 beatings, and Loyalist armed groups carried out 21 shootings and 130 beatings. It was more difficult than in previous years to ascertain which paramilitary groups were responsible for which actions, because such groups were less willing to claim responsibility. The "punishment" shootings included the shooting of a young man in both legs in March by an organization called Loyalists against Thuggery. Tommy Sheppard was shot dead in March, allegedly by Loyalist paramilitaries, and Thomas Stewart, a UVF leader, was shot dead by Loyalists in October. The Republican organization Direct Action Against Drugs shot dead Ian Lyons in January, and Sean Devlin in October. George Scott was beaten to death in September by masked men wielding baseball bats. Martin Doherty was bound, gagged and sustained puncture wounds and broken limbs when metal spikes were driven through his knees and elbows by Republican attackers. Republican attackers also tied people upside down to railings and beat them; among the victims was a 16-year-old boy. A woman was punched in the face and had a tin of paint thrown over her. Amnesty International sent representatives to inquests into the deaths in custody of Shiji Lapite and Brian Douglas. The organization urged the authorities to carry out independent investigations into disputed cases, including the deaths of Ibrahima Sey and Diarmuid O'Neill. Amnesty International urged the authorities to carry out a full and independent inquiry into the alleged ill-treatment of Amer Rafiq. The organization also wrote to government and prison authorities on several occasions concerning the treatment of prisoners. In January, Amnesty International submitted written comments to the European Court of Human Rights in the case of Karamjit Singh Chahal. In February, Amnesty International published United Kingdom: Wrongful detention of asylum-seeker Raghbir Singh, which emphasized that the procedures for detaining and deporting people on national security grounds contravened international standards. Amnesty International sent observers to trial proceedings in London and Belfast. The organization continued to urge the authorities to review the life sentences of Patrick Kane, Sean Kelly and Michael Timmons (see Amnesty International Reports 1994 to 1996). In November, Amnesty International wrote to the Northern Ireland Secretary of State about a number of issues, including the events surrounding the summer parades, access to legal advice for suspects arrested under emergency legislation, inquests and the death in custody of Jim McDonnell. Amnesty International expressed concern to the government about provisions in the Asylum and Immigration Act 1996. The organization opposed the withdrawal of welfare benefits from asylum-seekers because it could deny applicants access to asylum procedures, including a meaningful right of appeal. Amnesty International continued to express concern about reports of human rights abuses by armed opposition groups.

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