Written question asked by Lord Robathan (Conservative) on Wednesday, 23 November 2005, in the House of Commons. It was due for an answer on Monday, 28 November 2005. It was answered by Adam Ingram (Labour) on Tuesday, 31 January 2006 on behalf of the Ministry of Defence.

IRA Deaths (Gibraltar)

Question: To ask the Secretary of State for the Home Department whether the SAS soldiers responsible for the deaths of three IRA terrorists in Gibraltar in 1998 could face charges as a result of (a) the ruling of the European Court of Human Rights on 4 May 2001 and (b) the historic investigations by the Royal Military Police and Police Service of Northern Ireland.

Answer: [holding answer 28 November 2005]: I have been asked to reply.The ruling of the European Court of Human Rights on 4 May 2001 relating to deaths in Northern Ireland involving the security forces found that the United Kingdom failed in those cases to meet its obligations to secure the right to life in Article 2 of the European Convention of Human Rights. Objections similar to those raised in the ruling of 4 May 2001 were made to the investigation and inquest into the deaths of the three IRA terrorists in Gibraltar, but the inquest jury decided by a majority that the deaths were lawful. I understand that the Gibraltar case does not come within the remit of the historic inquiry team of the Police Service of Northern Ireland, which is to review unresolved deaths that took place in Northern Ireland only. Furthermore, the Royal Military Police is not investigating these deaths.

Secondary information

Type: Written question
Reference: 442 c369-70W;442 c369-70W; 32651
Session: 2005-06
Subjects: Armed forces Death IRA Gibraltar Judgements European Court of Human Rights Terrorism Special Air Service
Link: View this Written question on www.publications.parliament.uk