Hooded Men: PSNI decision not to investigate alleged torture was 'unlawful'

By PA

The UK Supreme Court has ruled that a PSNI decision in 2014 to discontinue an investigation into allegations of controversial interrogation techniques against the “hooded men” should be quashed.

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

The techniques included hooding and being put in stress positions, forced to listen to white noise and deprived of sleep, food and water.

The PSNI took the case to the UK’s highest court having failed in Belfast’s Court of Appeal to overturn a High Court ruling that found the police should revisit its decision to end its investigation into the treatment of the men.

Delivering his judgment today, Lord Hodge referred to a 2014 RTÉ documentary about the hooded men case which referred to a British government memorandum, known as the “Rees Memo”, which “referred to the use of torture and to its approval by UK ministers”.

Following the broadcast, the PSNI considered whether there was sufficient evidence to warrant a new investigation, but concluded that there was not.

Lord Hodge said:

“The court finds that the PSNI’s decision taken on 17 October 2014 not to investigate further the allegation in the Rees Memo was based on a seriously flawed report, was therefore irrational, and falls to be quashed.”

The solicitor for the majority of the “hooded men” said the Supreme Court ruling was a “landmark victory”.

Darragh Mackin said:

“Today’s decision is a landmark victory for the hooded men.

“Since 2014 they have actively contested the decision by the PSNI not to investigate the allegations of torture.

“It was always clear that the initial investigation by the PSNI was nothing more than a window dressing exercise."

Following the ruling, PSNI Assistant Chief Constable Jonathan Roberts said:

The Police Service of Northern Ireland acknowledges today’s judgment of the UK Supreme Court and welcomes the clarity it brings to some complex legal issues.

“We recognise the difficult realities that victims, families, friends and broader society continue to deal with as a result of our troubled past.

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

“If we are to build a safe, confident and peaceful society, then we must find a way of dealing with our past and we are committed to playing our part in that process.”

One of the “hooded men” has said that the Police Service of Northern Ireland cannot carry out any new investigation into the case.

Speaking following the Supreme Court ruling, Francis McGuigan said:

“I am thoroughly delighted, even though it has taken 50 years to get to where we are today.

“I think the PSNI have to realise that with these judgments against them, they are not the people to investigate it.

“I think the next step is that Jon Boucher (a detective who is in charge of a series of independent historical investigations) takes over the case.

"I have no faith in the PSNI doing it.

“The RUC were the people who did the torture, the interrogation.

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

Responding to the “hooded men” Supreme Court judgment, Grainne Teggart, from Amnesty International, said the UK Government should now abandon its plans to end prosecutions relating to the Troubles in Northern Ireland.

She said:

“Today’s ruling is a victory for justice.

“The Supreme Court were very clear that the PSNI acted unlawfully by not proceeding with an investigation into this torture.

“That investigation must now get under way with urgency.

“The significance of today is all the greater when we consider what the UK Government’s plans are with regard to legacy.

“The UK Government is planning to close down all investigations and paths to justice for torture victims and for other victims as well.

“We would urge the UK Government to pay heed to the ruling today and to reverse course, abandon these plans and ensure that all victims have their rights to truth and justice.”