Britain could sue Ireland for failing to investigate Omagh bombing
Britain is considering suing Ireland in the European Court of Human Rights for failing to investigate the Omagh car bombing by the Real IRA, in which 29 people were killed 25 years ago.
The move is retaliation for Ireland’s rare interstate case against the UK over its Legacy Act, which offers an amnesty to Troubles-era killers, including British veterans, in exchange for information on murders.
Dublin argues that the Legacy Act is incompatible with human rights law because it replaces police investigations with a commission offering immunity. The Irish case was formally lodged at the Strasbourg court on Friday.
Britain’s lawyers have drawn up plans for a “counter case” as London’s relations with Dublin, which were strained by Brexit, plunge back into the deep freeze.
A source close to the legal process told The Telegraph: “The UK Government is committed to fighting the case and confident of victory.
“Potential options under consideration go so far as a counter case in Strasbourg on failure to properly investigate the Omagh bombing, on which the UK Government has launched an investigation but Dublin is refusing to investigate further.”
The Real IRA carried out the Omagh bombing on Aug 15 1998, after the Good Friday Agreement had been signed earlier that year. The incident in County Tyrone, Northern Ireland, was the single deadliest of the Troubles, also injuring more than 300 people.
In a major report commissioned by the Republic’s Government, Irish police were exonerated of allegations that they failed to act on intelligence that could have prevented the bombing. The Nally Report in 2003 found no basis for the accusations and said there was no basis for a public inquiry.
‘Persistently failed to investigate Troubles-era offences’
One source said Ireland had persistently failed to investigate Troubles-era offences and had a long history of lobbying for amnesties for terrorists.
Chris Heaton-Harris, the Northern Ireland Secretary, has commissioned a study of the Irish government’s record on legacy issues.
The source said: “Over the years, piles of evidence has been found of Dublin lobbying for amnesties for terrorists from 1998 at the highest level, including the on-the-runs.”
The source claimed there was a “persistent failure of the Irish government, despite many promises, to investigate Troubles-related offences, including those involving collusion”.
They accused Dublin of ignoring families’ requests for information about the 1976 Kingsmill Massacre and of attempting to “ evade extradition requests for terrorists”.
The Irish security services did not appear to have contacted Father Patrick Ryan, a defrocked Irish Catholic priest who admitted supplying weapons to the IRA, the source added.
The source said there was a “strong feeling” the Irish case against the UK was “politically motivated”.
Ireland’s coalition government is trailing Sinn Fein in the polls ahead of a general election expected later this year.
Sinn Fein, the former political wing of the IRA, is vehemently opposed to the Legacy Act, as are all the major political parties in Northern Ireland, including the DUP.
They argue that its conditional amnesty to accused killers during the Troubles will rob victims of justice from the IRA or British forces.
‘Tory Government rushed through legislation’
The UK Government argues that the chances of any convictions 25 years after the end of the Troubles are slim and has called on Dublin to cooperate with the new commission.
John Finucane, Sinn Fein’s MP for North Belfast, said: “The British Tory Government rushed through this legislation despite the clear opposition and concerns raised by victims and families, all political parties, the Irish government, the US, UN, the Council of Europe and human rights experts.
“The Act is a flagrant breach of international human rights law and is a blatant attempt to shut the door on families’ efforts to achieve truth and justice through the courts.”
It is the second time Ireland has taken the UK to the European court. The Strasbourg-based court found that 14 men were subjected to “inhuman and degrading treatment” by the UK during their interrogation after Dublin brought a case to it in 1971.
The Irish ministry of foreign affairs has been asked for comment.
