H. Res. 128

In the House of Representatives, U.S.,

April 20, 1999.

Whereas on September 29, 1998, Rosemary Nelson, a prominent defense attorney in Northern Ireland, who testified

before the Subcommittee on International Operations and

Human Rights of the Committee on International Relations of the House of Representatives, stated that she

had been harassed and intimidated by the Northern Ireland police force, the Royal Ulster Constabulary (RUC)

in her capacity as a defense attorney, and that she had

been ‘‘physically assaulted by a number of RUC officers’’

and that the difficulties with the RUC included ‘‘at their

most serious, making threats against my personal safety

including death threats’’;

Whereas Param Cumarswamy, the United Nations Special

Rapporteur on the independence of judges and lawyers,

also testified before the Subcommittee on International

Operations and Human Rights citing the grave dangers

faced by defense attorneys in Northern Ireland and stated that ‘‘there have been harassment and intimidation of

defense lawyers by RUC officers’’ and that ‘‘these harassments and intimidation were consistent and systematic’’;

Whereas the United Nations Special Rapporteur recommended that authorities other than the RUC conduct

‘‘an independent and impartial investigation of all threats
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to legal counsel in Northern Ireland’’ and ‘‘where there

is a threat to physical integrity of a solicitor’’ the ‘‘Government should provide necessary protection’’;

Whereas Northern Ireland’s Independent Commission for Police Complaints (ICPC) reported ‘‘serious concerns’’

about the RUC’s handling of the inquiry into the death

threats Rosemary Nelson received and described the RUC

officers investigating the death threats as ‘‘hostile, evasive and disinterested’’ and also noted an ‘‘ill-disguised

hostility to Mrs. Nelson on the part of some police officers’’;

Whereas the government, which provided protection for

Northern Ireland judges after paramilitary violence resulted in the death of four judges and some family members, should also provide appropriate protection for defense attorneys;

Whereas despite the threats and the intimidation, Rosemary

Nelson courageously continued to represent the rights of

Catholic clients in high profile cases, including the residents of Garvaghy road in their bid to stop controversial

marches in their neighborhood and the family of Robert

Hamill who was beaten to death by a sectarian mob in

1997;

Whereas, because of her human rights work, Northern Ireland solicitor Rosemary Nelson, the mother of three

young children, suffered the ultimate harassment and intimidation and was brutally murdered on March 15th,

1999, by a bomb placed on her car;

Whereas all those involved in the targeting and killing of defense attorney Rosemary Nelson, including the Red Hand

Defenders, a militant loyalist paramilitary group that is
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opposed to the peace process and that has claimed responsibility for the murder, must be brought to justice;

Whereas the success of the peace process is predicated on the

ability of the people of Northern Ireland to believe that

injustices such as the murder of Rosemary Nelson will be

investigated thoroughly, fairly, and transparently;

Whereas the murder of Rosemary Nelson is reminiscent of

the 1989 murder of human rights attorney Patrick

Finucane, who, according to the United Nations report,

had also received numerous death threats from RUC officers;

Whereas the United Nations Special Rapporteur reported

that since the Patrick Finucane murder, further information that seriously calls into question whether there was

official collusion has come to light; and

Whereas Rosemary Nelson’s stated fear of the RUC, the recent release of Northern Ireland’s Independent Commission for Police Complaints (ICPC) report, and the United

Nations report, all necessitate the establishment of an

independent inquiry into Rosemary Nelson’s murder in

order to foster confidence and credibility in this investigation as well as the peace process: Now, therefore, be it

Resolved, That the House of Representatives—

(1) recognizes the historic significance of the 1998

Good Friday Peace Accords and commends the people of

Northern Ireland for their commitment to work together

in peace;
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(2) condemns all violence committed in violation of

the Northern Ireland cease-fire agreement, an agreement

that has been largely successful; and

(3) calls on the Government of the United

Kingdom—

(A) to launch an independent public inquiry for

the investigation of the murder of defense attorney

Rosemary Nelson so that evidence gathering, witness interviews, and the issuance of a detailed, public report can be based on the work of law enforcement experts not connected to or reliant upon the

efforts of the Royal Ulster Constabulary (RUC);

(B) to institute an independent judicial inquiry

into allegations that defense attorneys are systematically harassed and intimidated by security forces;

and

(C) to implement the United Nations Special

Rapporteur’s recommendation for an independent

inquiry into the possibility of collusion in the killing

of defense attorney Patrick Finucane.

Attest:

Clerk.