Independent Commission for the Location of Victims' Remains

The Independent Commission for the Location of Victims' Remains (ICLVR) was established by treaty between between the United Kingdom Government and the Government of Ireland, made on 27 April 1999 in connection with the affairs of Northern Ireland. [http://cain.ulst.ac.uk/issues/politics/docs/nio/bi030806.htm Joint Statement by the British and Irish governments announcing the next steps on location of 'The Disappeared', (3 August 2006)] Cain Web Service]

A number of people, referred to colloquially as "The Disappeared", have gone missing in Northern Ireland over the last thirty-five years, mainly in the 1970s. It is believed that they were abducted and killed by proscribed terrorist organisations, mostly the Provisional Irish Republican Army, but to date their remains have not been located. The Commission was established to locate the remains of these people.

Powers and functions

Its functions include receiving information as to the whereabouts of the remains of a victim of violence and disclosing such information for the purpose of facilitating the location of the remains to which the information relates.

* The remit and powers of the Commission are defined by the Northern Ireland (Location of Victims' Remains) Act 1999 [ [http://www.opsi.gov.uk/acts/acts1999/19990007.htm Northern Ireland (Location of Victims' Remains) Act 1999] HMSO 1999] which came into force on 26 May 1999 and the Republic of Ireland has passed similar legislation: the Criminal Justice (Location of Victims' Remains) Act, 1999. [ [http://www.irlgov.ie/bills28/acts/1999/a999.pdf Criminal Justice (Location of Victims' Remains) Act, 1999] Government of Ireland website]

* A "Victim of violence" is defined as a person killed before the 10 April 1998, (the date of the Belfast Agreement) as a result of an unlawful act of violence committed on behalf of, or in connection with, a proscribed organisation. These organisations are those proscribed by the Northern Ireland (Emergency Provisions) Act 1996. [ [http://www.opsi.gov.uk/ACTS/acts1996/k1996022.htm Northern Ireland (Emergency Provisions) Act 1996] Office of Public Sector Information website]

* Any evidence obtained (directly or indirectly) provided to the Commission is inadmissible in evidence in any criminal proceedings.

* Any remains discovered by the work of the commission are not allowed to undergo forensic testing apart the purposes of an inquest to establish the identity of a deceased person, or how, when and where they died.

* All information provided to the commission will remain secret with only the family being informed that information has been received and the place where, according to the information, the victim's remains may be found.

* The commission has the power of entry enforcable by warrant to search anywhere in Northern Ireland.

Victims

The full list of victims whom the IRA admitted to having killed and buried in unknown locations comprises: [ [http://news.bbc.co.uk/1/low/uk/355300.stm Profiles of the 'disappeared'] BBC News Online]
* Seamus Wright (A member of the IRA accused of being a British Army agent) {1972}
* Kevin McKee (A member of the IRA accused of being a British Army agent) {1972}
* Jean McConville (Civilian accused of being a British spy){1972}
* Columba McVeigh (Civilian accused of being a British spy){1975}
* Brendan McGraw (Civilian accused of being a British spy) {1978}
* John McClory (Accused of stealing IRA weapons to use in robberies){1978}
* Brian McKinney (Accused of stealing IRA weapons to use in robberies) {1978}
* Danny McIlhone (Accused of stealing IRA weapons){1978}
* Eamon Molloy (A member of the IRA accused of being a British agent) {1975}

As part of the peace process the PIRA passed information on the location of six graves containing eight bodies to the Commission. Using this information two bodies were recovered:
* John McClory - Recovered 29 June 1999 in County Monaghan
* Brian McKinney - Recovered 29 June 1999 in Co. Monaghan

On the morning that the ICLVR was set up, in May 1999, the remains of Eamon Molloy were left in a coffin in a graveyard in Faughart, County Louth. [ [http://news.bbc.co.uk/1/hi/uk/355041.stm IRA locates victims' bodies] BBC News website]

Jean McConville was discovered by accident on Shelling Hill beach in Co. Louth in 2003. IRA information had on a number of occasions previously indicated nearby Templeton beach as their location.

Other cases examined include those of Charles Armstrong and Gerard Evans, who disappeared from County Armagh but for whom no-one has claimed responsibility; Robert Nairac who also disappeared from County Armagh in 1977, and Seamus Ruddy, who disappeared in France. Responsibility for Seamus Ruddy's disappearance has been attributed to the Irish National Liberation Army.

Commissioners

The current commissioner is Frank Murray who took over from John P. Wilson [ [http://www.justice.ie/80256E01003A02CF/vWeb/pcJUSQ6MPFH3-en Appointment of Commissioner of the Independent Commission for the Location of Victims' Remains] Irish Govt. Equality and Law Reform website]

ee also

* Forced disappearance

References