The family of Gervaise McKerr who was shot dead by the RUC in 1982 in one of a series of “shoot to kill” incidents has been granted leave in the High Court last Friday to apply for Judicial Review against Northern Ireland Secretary of State, John Reid for his failure to provide an effective investigation into Gervaise McKerr’s death.
Solicitor for the family, Peter Madden of Madden and Finucane said:
“This case is the first of many which will test the failure of the British Government to provide proper public inquiries into the deaths of hundreds of people killed by British security forces. The European Court of Human Rights ruled last May that the current legal process for public inquiry (the coroners inquest) was in violation of Article 2 of the European Convention on Human Rights (the right to life). Even though this judgement was delivered in May of last year, so far the British government has not told any of the families how they intend to comply with the ruling. It is clear to us that the only chance the McKerr family have of receiving the type of effective investigation, that the European Court has said they are entitled to, is for an independent judicial public inquiry to be established immediately.”