Appendices
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Appendix A — Instructions for Opening Fire in Northern Ireland
Restricted Army Code No. 70771. The following are what it is generally believed to be the instructions for opening fire in Northern Ireland by members of the British security forces.
General rules. 1. In all situations you are to use the minimum force necessary. Firearms must only be used as a last resort. 2. Your weapon must always be made safe: that is, no live round is to be carried in the breech and in the case of automatic weapons the working parts are to be forward, unless you are ordered to carry a live round in the breech or you are about to fire.
Challenging. 3. A challenge must be given before opening fire unless: (a) to do so would increase the risk of death or grave injury to you or any other person; (b) you or others in the immediate vicinity are being engaged by terrorists. 4. You are to challenge by shouting: “Army: Stop or I fire” or words to that effect.
Opening fire. 5. You may only open fire against a person: (a) if he is committing or about to commit an act likely to endanger life and there is no other way to prevent the danger. Examples include firing or being about to fire a weapon; planting, detonating or throwing an explosive device (including a petrol bomb); deliberately driving a vehicle at a person and there is no other way of stopping him. (b) if you know that he/she has just killed or injured any person by such means and he/she does not surrender if challenged and there is no other way to make an arrest. 6. If you have to open fire you should: (a) fire only aimed shots; (b) fire no more rounds than are necessary; (c) take all reasonable precautions not to injure anyone other than your target.
Source: K. Asmal, Shoot-to-kill? International Lawyers Inquiry into the lethal use of firearms by the Security Forces in Northern Ireland (Mercier Press 1985), pp. 75–76.
Appendix B — Killings by British Security Forces since November 1982
1982. 11 November: Sean Burns, Eugene Toman, Gervaise McKerr. All unarmed members of the IRA shot dead by RUC HMSU near Lurgan. Three RUC officers prosecuted but acquitted of murder. Inquest still not held. 24 November: Michael Tighe, unarmed civilian, shot dead by RUC HMSU in a hayshed near Lurgan. No prosecutions. Inquest still not held. 12 December: Seamus Grew, Roddy Carroll, unarmed INLA members shot dead by RUC HMSU in Armagh city. An RUC constable prosecuted but acquitted of murder. Inquest still not held. 27 December: Patrick Elliot, unarmed civilian shot dead by British Army after allegedly robbing a shop in West Belfast. Witnesses claim no warning given. No prosecution.
1983. 9 January: Frank McColgan, civilian armed with imitation handgun, shot dead by RUC after robbery in Belfast. No prosecution. 3 February: Neil McMonagle, unarmed INLA member, shot dead by plainclothes British soldier in Derry. No prosecution. 16 March: William Millar, armed UVF member, shot dead by RUC in a stolen car. No prosecution. 26 July: John O’Hare, civilian armed with shotgun, shot dead by RUC after a post office robbery. No prosecution. 30 July: Martin Malone, unarmed civilian, shot dead by UDR member after a scuffle in Armagh. A UDR corporal was charged with murder, acquitted, then charged with manslaughter but acquitted. 9 August: Thomas O’Reilly, unarmed civilian, shot dead by British soldier in West Belfast after a scuffle. Private Ian Thain convicted of murder but released and returned to British Army after serving only two and a half years. 13 August: Gerald Mallon and Brendan Convery, armed members of the INLA, shot dead by RUC after firing at police in Dungannon. No prosecution. 28 November: Brigid Foster, 80-year-old unarmed civilian, shot dead during a post office robbery in Pomeroy. No prosecution. 4 December: Brian Campbell and Colm McGirr, IRA members, shot dead by undercover troops near an arms cache in Coalisland. No prosecution.
1984. 30 January: Mark Marron, unarmed joyrider, shot dead by British troops in West Belfast. No prosecution. 21 February: Declan Martin and Henry Hogan, armed IRA members, shot dead by undercover soldiers in Dunloy. No prosecutions. 15 June: Paul McCann, armed INLA member, shot dead in exchange of fire with RUC in West Belfast. No prosecution. 13 July: William Price, armed IRA member, shot dead near Dungannon. No prosecution. 19 October: Frederick Jackson, unarmed Protestant businessman, shot dead by undercover troops in Dungannon. No prosecution. 2 December: Tony McBride, unarmed IRA member, shot dead by undercover troops near Kesh. No prosecution. 6 December: William Fleming and Daniel Doherty, armed IRA members, shot dead by undercover troops in grounds of a hospital in Derry. No prosecution. Jury said the two could have been arrested. 17 December: Sean McIlvenna, armed IRA member, shot dead by RUC near Lisbofin after detonating a bomb. No prosecution.
1985. 15 January: Paul Kelly, unarmed joyrider, shot dead by UDR near West Belfast. No prosecution. 17 February: Gerard Logue, unarmed joyrider, shot dead by joint RUC/British Army patrol in West Belfast. No prosecutions. 18 February: Francis Bradley, shot dead by undercover troops in Toomebridge. IRA and INLA denied his membership. Pathologist said three fatal bullets may have been fired as he lay on his back. No prosecutions. 23 February: Charles Breslin, David Devine and Michael Devine, armed IRA members, shot dead by undercover troops near Strabane. They fired no shots. A pathologist said two of the victims had been shot 28 times, mostly while on the ground.
1986. 23 February: Tony Gough, armed IRA member, shot dead by British soldiers in Derry. No prosecution. 26 April: Seamus McElwaine, armed IRA member, ambushed by undercover troops near Rosslea. He fired no shots. No prosecution. 14 September: James McKernan, unarmed IRA member, shot dead by British troops in West Belfast. Witnesses said he had raised his hands in surrender when shot. No prosecutions.
1987. 8 May: Armed IRA members Jim Lynagh, Pat Kelly, Pat McKearney, Declan Arthur, Sean Donnelly, Tony Gormley, Eugene Kelly, Gerald O’Callaghan and unarmed civilian Anthony Hughes shot dead by undercover troops at Loughgall. No prosecutions. Relatives of Anthony Hughes have called for an inquiry.
1988. 21 February: Aidan McAnespie, unarmed civilian, shot dead by British soldier at Border checkpoint at Aughnacloy. British guardsman David Holden charged with manslaughter but charges later withdrawn. 7 March: Mairead Farrell, Danny McCann and Sean Savage, unarmed IRA members, shot dead by SAS in Gibraltar. No prosecution. Controversial inquest in September returned a verdict of justifiable killing. 30 August: Gerard Harte, Martin Harte and Brian Mullin, armed IRA members, shot dead in British Army undercover ambush near Carrickmore. No prosecutions.
1989. 2 September: Brian Robinson, armed UVF member, shot dead by undercover troops minutes after he had shot dead a Catholic in Ardoyne. Witnesses claimed he had been finished off on the ground after his motorcycle was rammed.
1990. 13 January: Peter Thompson, Edward Hale, John McNeill, civilian criminals, all shot dead by undercover troops during a robbery of a betting shop in West Belfast. Two were armed with imitation weapons. No prosecutions. 18 April: Martin Corrigan, armed IPLO member, shot dead by British troops in garden of an RUC Reservist’s home near Kinnego. He fired no shots. 30 September: Martin Peake, Karen Reilly, unarmed joyriders, shot dead by Paratroopers when their stolen car allegedly drove through a checkpoint in West Belfast. 8 October: Desmond Grew, Martin McCaughey, IRA members, shot dead by undercover British troops near Armagh. The authorities claim they were armed. No prosecutions. 30 December: Fergal Caraher, unarmed Sinn Féin member, shot dead at a British Army checkpoint in Cullyhanna, Co. Armagh.
1991. 10 April: Colum Marks, IRA member, shot dead, apparently by undercover RUC members, as he was assembling a mortar bomb outside Downpatrick police station. 3 June: Michael Ryan, Lawrence McNally and Anthony Doris, armed IRA members, shot dead by undercover British troops in Coagh, Co. Tyrone. 29 September: Kevin McGovern, college student, shot in the back in Cookstown by members of the RUC. The dead youth’s family were given several varying explanations as to how the death occurred. 4 November: Gerard McGinn, a 17-year-old youth, shot through the head by members of the RUC. It is claimed that the car was stationary at the time and that no warning was given.
Appendix C — Official correspondence
Replies from the Northern Ireland authorities to requests to assist the Public Inquiry.
Ministry of Defence, Main Building, Whitehall, London, 10 July 1991. From T. Lewis, Chief Superintendent for Chief Constable, to Colm MacGeehin, Solicitor, 15 Prospect Road, Glasnevin, Dublin 9: “Thank you for your letter of 3 July 1991. The RUC will not make any contribution to this unofficial Inquiry.”
From P. M. Whittingham, General Staff Secretariat, 11 July 1991, to Colm MacGeehin, Solicitors: “I refer to your letter of 3 July to the Secretary of State for Defence. Soldiers are expected to act within the rule of law. Any allegations that the law has been broken, and incidents involving loss of life are investigated by the Royal Ulster Constabulary. I am accordingly unable to offer any comment for your ‘inquiry’.”
Standing Advisory Commission on Human Rights, 55 Royal Avenue, Belfast. From G. W. Davies, Executive Officer, to T. Cullen, Irish National Congress, March 1991: “Thank you for your undated letter concerning a shooting incident on 30 December 1990. I should explain that the Commission is a statutory body which provides the Secretary of State for Northern Ireland with general advice on the adequacy and effectiveness of the law as regards religious and political discrimination in Northern Ireland. In the circumstances, I regret that there is no assistance we can offer you.”
From M. Clarke, Civil Adviser to the General Officer Commanding Northern Ireland, Headquarters Northern Ireland, 1 July 1991, to Colm MacGeehin, Solicitors: “I have been asked to reply to your letter of 3 July to the General Officer Commanding Northern Ireland. Investigation of the shooting at Cullyhanna on 30 December 1990 is the responsibility of the Royal Ulster Constabulary. It would therefore not be appropriate for the military authorities to contribute to the ‘inquiry’ as you suggest.”
Coroner’s response to pleas.
Thomas Tiernan, Solicitor, to Mr D. Thompson, Coroner, 17 April 1991: “Re: Shooting at Cullyhanna on 30 December 1990. Death of Fergal Caraher. We act for the next of kin of the above named Deceased. We understand that the Autopsy Report of the matter is now available and we hereby request that you forward a copy of same to us.”
Margaret Caraher to the Coroner, 2 May 1991: “I understand that my Solicitor, Tiernans Solicitors, Newry wrote to you on the 17th April 1991 requesting an Autopsy Report regarding the shooting of my husband Fergal Caraher on 30 December 1990. I understand that you replied to them and informed them that a Report would not be available until the Inquest date of which ‘you are unable presently to anticipate.’ As widow of my deceased husband and because of the controversial circumstances surrounding his death, I request that you forward a copy of the report to me.”
J. Daniel Thompson, HM Coroner, District of South Down, to Tiernans Solicitors, 7 May 1991: “The autopsy report will not be available until the conclusion of the inquest, the date of which I am unable presently to anticipate.”
Thomas Tiernan to the Coroner, 14 May 1991: “We now understand that you have refused a request by Mrs Margaret Caraher, widow of the above named deceased, for an Autopsy Report in this matter. We understand that there is no legal obstacle in you releasing same to us and in fact we would point out to you that there is legal precedence for such report being released long before the Inquiry is held. Again we ask that you release the copy Report to us.”
J. Daniel Thompson to Tiernans Solicitors, 20 May 1991: “My reasons for withholding the post-mortem report are adequately explained in my letter to your client of 7th instant. I may, however, supply a summary of the report to the deceased’s doctor, if so requested.”
Thomas Tiernan to the Coroner, 24 June 1991: “We note that to date no Inquest has begun in this matter and we look forward to hearing from you with your reasons for failing to do so to date.”
J. Daniel Thompson to Michael Ritchie, Committee on the Administration of Justice, 31 May 1991: “My reasons for not furnishing a copy of the post-mortem report are adequately explained in my letter to the deceased’s widow of 7th instant. It is the current practice of the Northern Ireland Coroners’ Association to supply a summary of the post-mortem report to the deceased’s doctor upon request. I am well placed to appreciate the grief of a deceased person’s family and I would earnestly wish not to add to their suffering. It is, however, my responsibility to conduct my enquiries independently and in accordance with my understanding of the law.”
J. Daniel Thompson to Mrs Margaret Caraher, 7 May 1991: “As I have advised your solicitor a copy of this report will not be available until after the conclusion of any inquest. A post-mortem report is requested by the Coroner as part of his enquiries and is prepared for that purpose. The registrable cause of death is not established until the conclusion of the inquest. A copy of the report or any document put in evidence at an inquest may, with the concurrence of the coroner, be made available after the inquest to any properly interested person. You would, of course, be such a person. I am unable to anticipate the date of the inquest because the police have not yet completed their enquiries.”
RUC correspondence.
Thomas Tiernan to RUC Station, Edward Street, Newry, 21 January 1991: “Re: Fatal Shooting in Cullyhanna on 30 December 1990. We refer to our telephone conversation of even date in which you confirmed that you would inform us as soon as forensic tests were completed on the vehicle.”
W. G. Monahan, Assistant Chief Constable Crime, to Tiernans Solicitors, 6 March 1991: “I acknowledge receipt of your letter of 1 February 1991. The matter has been referred to this office for consideration and I will reply to you shortly.”
Thomas Tiernan to CID, RUC Station, Edward Street, Newry, 1 February 1991: “We require to have the vehicle examined by our own forensic scientist and would be grateful if you would confirm that we have the usual facilities to do so and to confirm that the vehicle is available to carry out an inspection.”
W. G. Monahan to Tiernans Solicitors, 11 March 1991: “The Royal Ulster Constabulary are involved in a full investigation into the circumstances surrounding the fatal shooting incident at Cullyhanna on 30 December 1990. A comprehensive report will then be submitted to the Director of Public Prosecutions for Northern Ireland for his consideration and direction. I therefore intend to seek a direction from the Director of Public Prosecutions in respect of your request for an independent forensic examination. Before doing so I would request full details from you of your reasons for this independent examination together with details of the person or persons for whom you are acting in this matter.”
Thomas Tiernan to W. G. Monahan, 22 March 1991: “We feel that it is an absolute disgrace that to date we have not had the opportunity of carrying out our own forensic examination on the vehicle. We understood you were aware that we act for the next of kin of the Deceased, the injured party and the owner of the vehicle.”
Thomas Tiernan to Sub-Divisional Commander’s Office, RUC Station, Edward Street, Newry, 17 April 1991: “As you are aware we act on behalf of the next of kin of Fergal Caraher Deceased and the other injured party Míceál Caraher, the driver of the vehicle damaged in the incident. We hereby request copy statements from the soldiers involved, copies of ballistics, forensic and photographic reports. We understand that your Report is near completion and we would ask that you keep us advised when the Report is sent to the D.P.P. and also your recommendations to same.”
Thomas Tiernan to Sub-Divisional Commander’s Office, 19 April 1991: “We are in the process of issuing Civil Proceedings herein and to enable us to do so we would be obliged to receive the names and addresses of the soldiers involved.”
G. C. Jackson, D/Chief Superintendent, South Region CID, to Tiernans, 22 April 1991: “I have to acknowledge receipt of your 2 letters dated 17 April 1991 and in relation to first one to thank you for your co-operation in relation to questions I required to be answered by several witnesses. In relation to the matters raised in your second letter I have forwarded these to RUC Headquarters for decision and Crime Branch will reply to you direct.”
Thomas Tiernan to CID, RUC Station, Edward Street, Newry, 29 April 1991: “We wrote to you on the 1st February 1991 with a request to have the vehicle examined by a forensic expert retained by ourselves. We understood from conversations with you at the time that your own forensic tests were completed and that you would have no objections to having the vehicle examined by ourselves. To date you have not seen fit to allow us to examine same and we again request admittance to the Forensic Science Laboratory to conduct our own investigation.”
Thomas Tiernan to Chief Constable of RUC, 7 May 1991: “We refer to our letter of the 19 April 1991 addressed to RUC Station, which we understand has now been passed to yourself. We would be obliged if you would confirm by return the names and addresses of the soldiers involved in the above incident in order that Civil Proceedings may issue in this matter.”
Thomas Tiernan to CID, RUC Station, Edward Street, Newry, 7 May 1991: “We refer to our letter of the 29 April last and await hearing from you as soon as possible with confirmation as to when a forensic examination may be carried out by ourselves.”
Thomas Tiernan to Sub-Divisional Commander’s Office, 8 May 1991: “We refer to our letter of the 17 April last requesting copy statements from the soldiers involved, copies of ballistics, forensic and photographic reports and would be obliged to receive same as soon as possible as we understand that your investigations are now completed.”
RUC Newry, Form 61/3, 10 May 1991: “I acknowledge receipt of your letter dated 8 May 1991 the subject of which will receive attention.”
Thomas Tiernan to CID, RUC Station, Edward Street, Newry, 14 May 1991: “We refer to previous correspondence herein and in particular to our letters of 1 February 1991, 29 April 1991 and 7 May 1991 requesting our own forensic examination of the vehicle. You will note that unless we hear from you within seven days from the date hereof, we intend to make an Application to the High Court for an Order for same.”
W. G. Monahan, Assistant Chief Constable Crime, to Tiernans Solicitors, 16 May 1991: “Your interest on behalf of the next-of-kin and injured party is noted. However, all statements, reports and other documents to which you refer have been taken for the purposes of a criminal investigation, which is still proceeding. They cannot be made available to you for the purposes of civil action until the completion of any criminal trial, or inquest into the death of Fergal Caraher. This also applies in relation to your request for an independent forensic examination of the motor vehicle. This request will, however, be referred to the Director of Public Prosecutions whenever the full police investigation file has been forwarded to his office. You may wish to refer your request for the names and addresses of the soldiers involved to the Ministry of Defence. I can confirm that the investigation is well advanced, and papers will be sent to the DPP shortly. The Chief Constable’s recommendations to the DPP are confidential and will not be notified to you.”