British government plans to hold an inquiry under controversial new legislation into allegations of security force collusion in the murder of Belfast solicitor Pat Finucane were today criticised by an eminent international jurist.
Arthur Chaskalson, former Chief Justice of South Africa and first President of the Constitutional Court of South Africa, voiced concerns about the Inquiries Act during a visit to Belfast to gather evidence on the effects on human rights of terrorism and counter-terrorism measures for the Geneva-based International Commission of Jurists.
Mr Chaskalson is chairing an independent panel of eminent jurists which is travelling the world gathering evidence for the commission. He and fellow panellist, Justice Paul Zaffaroni of the Argentinian Supreme Court, spent three days in Belfast listening to legal academics, lawyers, police, judges and politicians.
Speaking at a news conference before leaving, Mr Chaskalson said concerns had been expressed to them about the lack of legal provision for "full and transparent investigations of deaths where there are suspicions of state involvement".
He said the recently enacted Inquiries Act - under which the Government intends to hold the Finucane Inquiry and others where state collusion has been alleged - was criticised as adversely affecting the independence of inquiries.
There have been allegations, denied by the Government, that the Act will enable them to prevent a full, open and transparent inquiry and disclosure of information they may wish to keep secret.
Mr Chaskalson said he believed the concerns were "real to the persons who wish to know what happened". They were also real because, as he understood it, the Inquiries Act provided "power to the executive to control the flow of information".
He said he understood there may be circumstances in which there may be a need for certain matters to be treated confidentially. However, he added: "It does seem to me that where people are struggling to find out what happened, it is very important that the inquiry should not only be open and independent, but perceived to be open and independent. It should be transparent."
He said he and his fellow panellist had met family members of people who had died in unlawful killings and who had been struggling for years to have full and transparent investigations of the circumstances.
The two lawyers said they appreciated the distinct history of Northern Ireland regarding the impact of terrorism and counter-terrorism measures. Lessons could be learnt by the rest of the world from what had happened.
The panel is taking evidence over 18 months before producing a report on the impact of terrorism and counter-terrorism on human rights and the rule of law for the International Commission of Jurists.
Next week, they will be in London where they will take evidence from British Home Secretary Charles Clarke and human rights organisations such as Amnesty and Human Rights Watch at a public hearing.