Rule 9 Submission to the Committee of Ministers from the Committee on the Administration of Justice (CAJ) in relation to the supervision of the cases concerning the actions of the security forces in Northern Ireland
This Rule 9 submission was made by the Committee on the Administration of Justice (CAJ) to the Council of Europe Committee of Ministers (CM) in October 2025, in the context of the CM’s supervision of the McKerr group of cases concerning unlawful killings and failures to investigate actions of the security forces during the Northern Ireland conflict.
The submission provides a detailed update on key legal, political, and institutional developments since the Committee of Ministers last examined these cases in June 2024. It focuses in particular on the impact of the Northern Ireland Troubles (Legacy and Reconciliation) Act 2023, subsequent domestic litigation, and the publication of the UK–Ireland Joint Framework on the Legacy of the Troubles in September 2025.
CAJ documents the shutdown of hundreds of legacy investigations on 1 May 2024, including inquests, Police Ombudsman investigations, and civil proceedings, and highlights findings from domestic courts that significant elements of the Legacy Act are incompatible with the European Convention on Human Rights (ECHR). It raises concerns about the limited independence, minimal caseload, and lack of public confidence in the Independent Commission for Reconciliation and Information Recovery (ICRIR).
The submission assesses the Joint Framework’s proposals to repeal and replace the Legacy Act, welcoming commitments to establish a new Legacy Commission, restore criminal investigations, repeal the amnesty scheme, and discontinue the current ICRIR leadership. However, CAJ identifies serious ongoing concerns, including:
- The continued use of a ministerial “national security veto” over disclosure to families
- Concentration of appointment powers in the hands of the Secretary of State
- The lack of an explicit statutory requirement that investigations be ECHR-compliant
- Restrictions on the full restoration of legacy inquests, with some cases diverted to a new inquisitorial mechanism
- The submission also addresses individual cases, including the Finucane, McKerr, Kelly, Brown, and Thompson cases, as well as wider issues relating to police accountability, conflicts of interest, and the involvement of former security force personnel in legacy investigations.
Overall, CAJ urges the Committee of Ministers to maintain close supervision of these cases and to insist that any new legacy mechanisms fully comply with the UK’s obligations under Articles 2 and 3 ECHR, ensure independence, enable effective investigations, and provide meaningful truth and accountability for victims’ families.
You can read the full submission here.