Release of Prisoners
We fully support the call for the
release and resettlement of all persons incarcerated for activities carried
out in the cause of furtherance of the armed political conflict in Northern
Ireland.
The violent nature of the political
conflict in the Province during the past twenty-seven years, together with
the progressive development of a culture of violence which has affected the
whole of society, has contributed to situations that have led to the imprisonment
of some many men and women for activities related to that conflict. That the
special nature of the conflict has already been recognised by the government
is evident from the special legislation introduced by successive parliaments
to help address the problem of violence.
We believe that the government,
together with the political and religious leaders of both communities in Northern
Ireland, must recognise that since the several parties formerly engaged in
the armed conflict have themselves agreed to resolve their political disagreements
through the democratic process, the totality of special legislation should
be rescinded and those imprisoned as a consequence of it should be released.
Such a response would show consistency on the part of the government in relation
to its justification for the introduction and implementation of emergency
legislation.
Now that the combatant groups to
which the prisoners belong are no longer engaged in armed activities there
are legitimate reasons why the government should embark upon a process which
would lead to the phased release and resettlement of prisoners, i.e.,
- The use of imprisonment as a
means of deterrence is no longer applicable since the combatant forces are
now committed to the democratic process and do not therefore, need to be
deterred from continuing with the armed conflict.
- With political dialogue replacing
armed conflict on the agenda of their respective reference groups the use
of imprisonment as a means of protecting society from the possibility of
released prisoners becoming re-involved in the armed conflict is no longer
valid.
- The consolidation of the cease-fire
and the development of a new era of peace and stability require a spirit
of forgiveness and reconciliation which ought to override any desire on
the part of society for exacting retribution from prisoners. To demand retribution
only from those who have been apprehended for their participation in the
armed conflict is tantamount to excusing the excesses of those whose rhetoric
and intransigence allowed the crisis to degenerate from constitutional politics
to armed conflict in the first place. no one section of the community, certainly
not the prisoners, should be asked to carry the burden of guilt for the
violence of the past twenty-five years. Attempts to bring about a restoration
in normality in local communities cannot be achieved while families within
those communities suffer the ongoing trauma and deprivation associated with
the imprisonment of a loved one.
- The release of prisoners will
help to facilitate the transformation of the political conflict at grass
roots level from one of violence to one of political dialogue. There is
an abundance of evidence to show that former prisoners have been key players
in brokering the cease-fire(s) and are now active in seeking to encourage
the politicisation of paramilitary organisations. The credibility and influence
of released prisoners at community level, together with the goodwill generated
through their relatives and reference groups, will be crucial in the former
combatant groups in their efforts to support the conflict transformation
process at grass roots level.
We fully accept that the phased
release of prisoners must be achieved through the due process of the law,
and we believe that this can indeed be achieved as indeed it was in the case
of Privates Ian Thain and Lee Clegg and the numerous supergrass cases.
An acknowledgement by both the
government and the majority of the constitutional parties in the UK and the
Irish Republic that the conflict has genuinely been transformed from violence
to political dialogue should allow the government to:-
- rescind both the Emergency Provisions
Act and the Prevention of Terrorism Act and,
- Initiate a review of all cases
of persons who have been imprisoned as a consequence of such legislation.
Legislation to facilitate the release of prisoners whose cases were reviewed
under such a process could be introduced at the same time.