18th JULY 1991

Here is our recommendation to the Public Inquiry at Cullyhanna which investigated the death of Fergal Caraher and serious wounding of Michael Caraher by British Royal Marines at Cullyhanna on Sunday December 30, 1990 at 3:30pm.

The protection of human rights as a matter of international concern is a fairly recent concept. The Universal Declaration of Human Rights (UDHR) adopted in 1968 remains the blueprint of the system of international laws safeguarding human rights.

In the case of Fergal and Michael Caraher, the British Government- as a member state of the United Nations and a signatory to the Charter on Human Rights- has derogated from its signed convenant to uphold all articles of the Universal Declaration by apparently violating Articles 3 and 6:

Article 3: Everyone has the right to life, liberty and security of person.

Article 6: Everyone has the right to recognition everywhere as a person before the law.

As a a territory under British jurisdiction, Northern Ireland has seen many instances of derogations from the UDHR by the British Government. Few derogations are more apparent than the cases before the inquiry.

Independent monitoring efforts like the Public Inquiry of June 22nd-23rd, 1991 at Cullyhanna are essential to the enforcement of human rights. Without such monitoring, there would be little to pressure member states to comply with international human rights standards.

For this reason I would recommend to the panel of the inquiry that all documentation and conclusions be forwarded to the following individual:

Mr. Amos Wako, Center for Human Rights,
U.N. Office at Geneva , 1211
Geneva 10
Switzerland

The documentation should be submitted under the Individual Complaints Procedure provided in the Optional Protocol to the Convention on Summary and on Arbitrary Execution.

The primary responsibility for the protection and the realization of human rights continues to rest with the State. The State must respect, protect and fulfill the human rights of all its citizens. No State- the British or any other- may derogate from its covenant obligations.

I realize the long, slow process involved. But I would reiterate Peter John Caraher's own words:

"This inquiry will not bring Fergal back to us, nor will it ease the heart break and sorrow which we still feel. But we hope that it will help to prevent similar murders of Irish people by British soldiers in the future and that other families will be spared the tragedy which our family and community suffered. "

Perhaps the findings of the U.N. Convention on Summary and on Arbitrary Execution will, indeed, prevent similar deaths in Northern Ireland by finding the Government of the United Kingdom in violation of the Covenant on Civil and Political Rights.

Sincerely,

Rita Mullan, Executive Directo