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Ulster Human Rights Watch is calling on the Northern Ireland Human Rights Commission to give the Independent Commission for Reconciliation and Information Recovery (ICRIR) a chance to prove itself before rushing to pre-judge its work and handing out brickbats.

UHRW Advocacy Manager Axel Schmidt said: “The assertions made by the Chief Commissioner of the NI Human Rights Commission lack even the flimsiest of evidence.

“The comments seek to undermine the ICRIR are paint a picture of it lacking independence. This flies in the face of High Court and Appeal Court rulings as well as UK Supreme Court determination, which is conveniently overlooked or ignored by Chief Commissioner.

“It would be far better, and certainly a more productive route to take, if the Human Rights body adopted a more constructive position before rushing to pre-judge the work of the ICRIR and handing out brickbats.

“Calling into question those who lead the ICRIR is akin to doing it down before it properly gets off the starting line.

“UHRW has a productive and business-like relationship with the ICRIR and in all dealings, we have found it to be open, transparent and willing to do its best. At no point, or in any case, did we see it seeking to obfuscate or frustrate.

“We will judge the ICRIR on the work it does for victims of terrorism – all victims of crime. Sadly, the Human Rights Commission doesn’t appear willing to give it the same opportunity which reflects poorly on that body and the people who are charged with ensuring human rights are upheld.”

Ulster Human Rights Watch, which supports innocent victims of terrorism, is urging a High Court Judge to re-consider his views that would put a terrorist on the same footing as their victims.

Mr Justice McAlinden, told a Stormont Committee recently that he would support a change in the Victims’ Payments Scheme that included everyone injured in a terrorist incident.

Reacting, Ulster Human Rights Watch (UHRW) Advocacy Manager, Axel Schmidt, said: “It is surprising for a senior judge to advocate publicly for a change in legislation that would appear to favour anybody claiming and obtaining compensation even if they are the author of a terrorist incident in which they were injured, or because they were bereaved after losing a loved one who was killed while in the act of committing a terrorist crime.

“The Westminster scheme rightly excludes those who were involved in terrorist activities and are not innocent victims and this should remain the case.

“However, what has been made clear is that the narrow interpretation given by the Victims’ Payments Board of being ‘present at the incident or in the immediate aftermath of the incident’ has resulted in excluding widows and children who lost their loved ones as victims of terrorist activities.

“Without fundamentally amending the legislation, it would be better if Judge McAlinden favoured and promoted an interpretation of the legislation that would enable innocent victims, like widows and orphans, to receive the payments they deserve for the trauma they suffered.

“Given the possible interpretation of the legislation, taking into account what is possible to be done, the Ulster Human Rights Watch would urge Judge McAlinden to reconsider his approach so as to deliver for those in our society who have suffered the most during the Troubles, in particular the innocent widows, widowers and children of victims of terrorism.”

The decision by the ICRIR to investigate the Kingsmill massacre forty-nine years ago is described by human rights body, Ulster Human Rights Watch (UHRW), as ‘real progress and a significant advance for relatives.

Ten Protestant workmen were murdered by the Provisional IRA near Whitecross in County Armagh. The Independent Commission for Reconciliation and Information Recovery formally accepted the request by two families of the men to investigate the sectarian killings.

The families, who were represented and supported by Ulster Human Rights Watch, want the ICRIR to name the deceased suspected terrorists involved in the attack – something the Kingsmill Inquest Coroner refused to do.

They have submitted fifty-seven questions, including one which asks why so many Public Interest Immunity Certificates were used in the Inquest.

Of major concern to the families are the actions of the Gardaí following dissatisfaction with the Irish ‘closed court’ response to questions tabled by the families during the Inquest.

Colin Worton is the brother of Kenneth who was one of the ten men murdered.

Mr Worton said: “We have an opportunity here to get answers to events that surrounded the massacre. Forty-nine years on from these brutal slayings, we have been given some hope by this decision by the ICRIR to launch an investigation.

“Families can only expect limited closure but naming those who gunned down our relatives would be a positive step.”

UHRW Advocacy Worker, Jonathan Larner, said: “The Irish Government has been dragging its heels on Kingsmill as with all cross-border cases. Families want to see Dublin become fully engaged with the ICRIR and agree to open their files. The role of the Gardaí deserves close scrutiny if we are to get to the truth and if suspicions of collusion are to be addressed.”

“This decision by the ICRIR is real progress and a significant advance for relatives.

“Kingsmill families have waited long enough for answers which merely served to retraumatise them and cause pain and anguish. They hope to learn why, for example, Public Interest Immunity Certificates were issued and what they were attempting to conceal.

“Also concerning are the reasons for the Irish ‘closed court’. Why and what purpose did that serve? We’re trying to shine a light into a dark corner and the hope has to be that the ICRIR unearths information that gives the families some closure and peace.”

“UHRW calls on the Republic of Ireland Government to effectively commit itself to co-operating fully and unreservedly with the ICRIR providing unfettered access to the information it holds in relation to this barbaric atrocity”.