PSNI wrong not to investigate “hooded men” torture allegations, court ruling says

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The Northern Ireland Police Service (PSNI) was wrong not to investigate the torture allegations in the “hooded men” case, the Supreme Court ruled.

In delivering judgment on Wednesday, Lord Hodge said the police decision after the allegations were broadcast in an RTE documentary was “irrational” and should be overturned.

A senior PSNI officer said the force would investigate the judgment.

The 14 hooded men were subjected to a series of controversial interrogation techniques by the military and police when they were interned without trial in Northern Ireland in 1971.

Techniques included balaclava and being put into stressful positions, forced to listen to white noise, and deprived of sleep, food and water.

Court concludes that PSNI’s decision … not to further investigate the allegation in the Rees memo was based on a seriously flawed report, was therefore irrational and should be overturned

Lord Hodge

They were also thrown from helicopters hovering close to the ground, after learning the plane was hundreds of feet in the air.

The European Court of Human Rights has previously ruled that although the men had suffered inhuman and degrading treatment, it was not torture.

PSNI took the case to the UK’s highest court after failing at the Belfast Court of Appeal to overturn a High Court ruling that police should reconsider their decision to end their investigation into the treatment of men.

Lord Hodge said: “There is no evidence that anyone involved in the authorization or operation of the mistreatment of hooded men ever faced criminal charges. “

In delivering his judgment, he referred to a 2014 RTE documentary on the Hooded Men case which included a memorandum from the UK government, known as the “Rees Memo”, which “referred to the use of torture. and for its approval by British ministers ”.

After the broadcast, the PSNI examined whether there was enough evidence to warrant a new investigation, but concluded that there was not.

Lord Hodge said: “The tribunal finds that PSNI’s decision on October 17, 2014 not to further investigate the allegation in the Rees Memo was based on a seriously flawed report, was therefore irrational and should be overturned. “

One of the hooded men said the PSNI could no longer conduct any further investigation into the case.

Francis McGuigan said he was “delighted” with the decision (Brian Lawless / PA)

(PA wire)

Francis McGuigan said: “I’m really excited, even though it took 50 years to get to where we are today.

“I think the PSNI must realize that with these judgments against them, they are not the people to investigate.

“I have no confidence in the PSNI to do it. It was the RUC who carried out the torture, the interrogation.

“I don’t see how the PSNI can come in and investigate the RUC.

Darragh Mackin, advocate for the majority of ‘hooded men’, said: ‘Today’s decision is a historic victory for hooded men.

“Since 2014, they have actively challenged the PSNI’s decision not to investigate the allegations of torture.

“It has always been clear that the initial PSNI investigation was nothing more than a front exercise. “

Grainne Teggart, of Amnesty International, said the UK government should now drop plans to end the unrest-related prosecutions in Northern Ireland.

She said: ‘The importance of today is all the greater when one considers the plans of the British government with regard to the legacy.

“The UK government plans to shut down all investigations and avenues to justice for victims of torture as well as other victims.

Deputy Police Chief Jonathan Roberts said PSNI will review the Supreme Court ruling (Liam McBurney / PA)

(AP Archives)

“We urge the UK government to heed today’s decision and to change course, to abandon these plans and to ensure that all victims have the right to the truth and to justice.”

However, the Supreme Court failed to admit that the PSNI was not sufficiently independent to conduct a new investigation into the hooded men’s case.

Lord Hodge said: “In our opinion, it has not been established that the Legacy Investigations Branch (LIB) is not capable of carrying out an effective investigation on the basis of an institutional or hierarchical link or that it does not is unable to conduct an investigation. with practical independence.

“There is no indication that it would not be possible to assign appropriate PSNI officers to conduct other investigations at an appropriate level.”

PSNI Deputy Chief of Police Jonathan Roberts said: “The Northern Ireland Police Service takes note of today’s judgment of the UK Supreme Court and welcomes the clarity it brings. to some complex legal issues.

“We recognize the difficult realities that victims, families, friends and society at large continue to face as a result of our troubled past.

“We will now take the time to study in detail today’s judgment on these complex inheritance issues and carefully consider its implications for future inheritance investigations.

“If we are to build a safe, confident and peaceful society, then we must find a way to deal with our past and we commit to playing our part in this process. “

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