Saturday, 3 September 2016

Open Letter to Secretary of State re Tony Taylor

 Dear Mr Brokenshire

I am writing to you in your role as British Secretary of State for Northern Ireland. I wish to register my concern over the ongoing incarceration of Derry man Tony Taylor. As I am sure you are aware Tony Taylor was arrested whilst on a shopping trip in Derry with his family on March 10th of this year. From there he was taken to Maghaberry Prison where he continues to be held on the signature of your predecessor Theresa Villiers, now perpetuated by yourself. This despite it being found that Ms Villiers acted unlawfully with her initial instruction found to be in contravention of Article 28(2)(a) and (b) of the Criminal Justice (NI) Order (2008).

A core principle of natural justice is the right to know the case against you so as to build a legal defence and challenge any charges you face, however in the case of Tony Taylor, Tony is not facing charges. Administrative Detention and Closed Material Proceedings nullify this right as well as the right to a fair trial within a reasonable time frame. These procedures may meet the minimum standards required by article 6 of the European Convention on Human Rights but they are not and cannot be objectively fair as has been acknowledged by senior members of the British Judiciary. Moreover meeting the minimum standards and the minimum standards being regarded as acceptable by the wider population are two different things, keeping in mind that everything Hitler did in Germany met their legal standards.

As a purported peaceful and progressive society it is sad to see methods synonymous with the period defined as the 'troubles' re-employed with Tony's administrative detention viewed by many as internment without trial. Internment/administrative detention has been used in the North in every decade of the Stormont regime, and whilst the name has changed the fundamental fact that people are still being denied their liberty in the absence of due process cannot be disputed.

The Good Friday Agreement of 1998 which received the overwhelming support of the people on this island promised us a 'new beginning', an 'era in which justice would be done and be seen to be done' as well as 'measures compatible with a normal and peaceful society'. I put to you Mr Brokenshire that administrative detention and closed material proceedings have no place in any normal and peaceful society. With this I believe the treatment of Tony Taylor to be an affront to any notion of democracy and in breach of the promises laid down in the Good Friday Agreement. Whilst there have been subsequent agreements these agreements like yourself did not receive public endorsement here.

And on the subject of endorsement have you given any consideration as to how the treatment of Tony Taylor will impinge on proposals to deal with the past? Last year Nationalist politicians raised concerns over your veto on disclosure when draft clauses linked to legacy aspects of the Stormont House Agreement were leaked to the public. Whilst their concerns were voiced at a late stage their points were none the less valid and are more valid today with your ability to detain a man with neither charge, trial nor sufficient explanation. In simple terms if you will not disclose why Tony Taylor is being denied his liberty then how are we expected to believe that you will disclose information on the state's role in the troubles here?

In closing, if you are genuine about dealing with the past then I would suggest the immediate cessation of administrative detention and that Tony Taylor be afforded due process or released to his family immediately. As Secretary of State you cannot claim to be keen to deal with the past whilst utilising mechanisms synonymous with the past, otherwise what is past is prologue.

Yours Sincerely
Pauline Mellon

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