Independent Commission for the Location of Victims' Remains
Encyclopedia
The Independent Commission for the Location of Victims' Remains (ICLVR) was established by treaty
between the United Kingdom Government and the Government of Ireland, made on 27 April 1999 in connection with the affairs of Northern Ireland
.
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.
the IRA passed information on the location of six graves containing eight bodies to the Commission. Using this information the bodies of John McClory and Brian McKinney were recovered on 29 June 1999 in County Monaghan
. The body of Eamon Molloy had been left in a graveyard in Dundalk the previous month.
Jean McConville
was discovered by accident on Shelling Hill beach near Carlingford
in County Louth
in August 2003. The IRA had previously said that Templeton beach, a short distance away, was the place of burial.
The remains of Danny McIlhone were discovered near Ballynultagh in the Wicklow Mountains
in November 2008 and formally identified using DNA
analysis the following month. There had been previous unsuccessful attempts to find McIlhone's remains in 1999 and 2000.
In 2010 the remains of Peter Wilson, Gerry Evans and Charlie Armstrong were exhumed, meaning that nine of the sixteen disappeared have now been recovered
, former head of the Northern Ireland Civil Service and former Northern Ireland Victims Commissioner, and Mr Frank Murray, former Secretary to the Government (Cabinet Secretary) and former Chairman of the Irish Public Appointments Service, who took over from John P. Wilson
.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
between the United Kingdom Government and the Government of Ireland, made on 27 April 1999 in connection with the affairs of Northern Ireland
Northern Ireland
Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...
.
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
Provisional Irish Republican Army
The Provisional Irish Republican Army is an Irish republican paramilitary organisation whose aim was to remove Northern Ireland from the United Kingdom and bring about a socialist republic within a united Ireland by force of arms and political persuasion...
, 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 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.
- A "victim of violence" is defined as a person killed before the 10 April 1998, (the date of the Belfast AgreementBelfast AgreementThe Good Friday Agreement or Belfast Agreement , sometimes called the Stormont Agreement, was a major political development in the Northern Ireland peace process...
) 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. - Any evidence obtained (directly or indirectly) by the Commission is inadmissibleAdmissible evidenceAdmissible evidence, in a court of law, is any testimonial, documentary, or tangible evidence that may be introduced to a factfinder—usually a judge or jury—in order to establish or to bolster a point put forth by a party to the proceeding...
in evidence in any criminalCriminal justiceCriminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
proceedings. - Any remains discovered by the work of the commission are not allowed to undergo forensicForensicsForensic science is the application of a broad spectrum of sciences to answer questions of interest to a legal system. This may be in relation to a crime or a civil action...
testing apart the purposes of an inquestInquestInquests in England and Wales are held into sudden and unexplained deaths and also into the circumstances of discovery of a certain class of valuable artefacts known as "treasure trove"...
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 warrantWarrant (law)Most often, the term warrant refers to a specific type of authorization; a writ issued by a competent officer, usually a judge or magistrate, which permits an otherwise illegal act that would violate individual rights and affords the person executing the writ protection from damages if the act is...
to search anywhere in Northern Ireland.
Victims
The people named by the ICLVR as having been killed and buried in unknown locations are:- Seamus Wright (A member of the IRA accused of being a British ArmyBritish ArmyThe British Army is the land warfare branch of Her Majesty's Armed Forces in the United Kingdom. It came into being with the unification of the Kingdom of England and Scotland into the Kingdom of Great Britain in 1707. The new British Army incorporated Regiments that had already existed in England...
agent) (1972) - Kevin McKee (A member of the IRA accused of being a British Army agent) (1972)
- Jean McConvilleJean McConvilleJean McConville was a woman from Northern Ireland who, in 1972, was abducted and killed by the Provisional IRA and secretly buried on a beach in the Republic of Ireland. The IRA subsequently claimed that she had been passing information on republican activities to British security forces...
(Civilian accused of being a British spy) (1972) (corpse recovered August 2003) - Joseph Lynskey (A member of the IRA accused of breaching IRA orders) (1972)
- Peter Wilson (Civilian who lived with the Army as he reported on the IRA) (1973) (corpse recovered November 2010)
- Eamon Molloy (A member of the IRA accused of being a British Army agent) (1975) (corpse recovered 1999)
- Columba McVeigh (Civilian accused of being a British spy) (1975)
- Robert NairacRobert NairacCaptain Robert Laurence Nairac GC was a British Army officer who was abducted from a pub in south County Armagh during an undercover operation and killed by the Provisional Irish Republican Army on his fourth tour of duty in Northern Ireland as a Military Intelligence Liaison Officer...
(British Army Officer and alleged member of the SAS) (1977) - Brendan McGraw (Civilian accused of being a British spy) (1978)
- John McClory (Accused of stealing IRA weapons to use in robberies) (1978) (corpse recovered June 1999)
- Brian McKinney (Accused of stealing IRA weapons to use in robberies) (1978) (corpse recovered June 1999)
- Danny McIlhone (Accused of stealing IRA weapons) (1978) (corpse recovered November 2008)
- Gerard Evans (Civilian accused of being a British Informant, IRA never officially admitted to have killed him) (1979) (corpse recovered October 2010)
- Charlie Armstrong (Civilian, IRA never officially admitted to have killed him) (1981) (corpse recovered July 2010)
- Seamus Ruddy (Civilian, killed by INLA) (1985)
Remains recovered
As part of the peace processNorthern Ireland peace process
The peace process, when discussing the history of Northern Ireland, is often considered to cover the events leading up to the 1994 Provisional Irish Republican Army ceasefire, the end of most of the violence of the Troubles, the Belfast Agreement, and subsequent political developments.-Towards a...
the IRA passed information on the location of six graves containing eight bodies to the Commission. Using this information the bodies of John McClory and Brian McKinney were recovered on 29 June 1999 in County Monaghan
County Monaghan
County Monaghan is a county in Ireland. It is part of the Border Region and is also located in the province of Ulster. It is named after the town of Monaghan. Monaghan County Council is the local authority for the county...
. The body of Eamon Molloy had been left in a graveyard in Dundalk the previous month.
Jean McConville
Jean McConville
Jean McConville was a woman from Northern Ireland who, in 1972, was abducted and killed by the Provisional IRA and secretly buried on a beach in the Republic of Ireland. The IRA subsequently claimed that she had been passing information on republican activities to British security forces...
was discovered by accident on Shelling Hill beach near Carlingford
Carlingford
Carlingford may refer to:*Carlingford, County Louth, a medieval village in the Republic of Ireland* Carlingford Lough, the sea loch where the village is located* Carlingford, New South Wales, a suburb in north-west Sydney, Australia...
in County Louth
County Louth
County Louth is a county of Ireland. It is part of the Border Region and is also located in the province of Leinster. It is named after the town of Louth. Louth County Council is the local authority for the county...
in August 2003. The IRA had previously said that Templeton beach, a short distance away, was the place of burial.
The remains of Danny McIlhone were discovered near Ballynultagh in the Wicklow Mountains
Wicklow Mountains
The Wicklow Mountains form the largest continuous upland area in Ireland. They occupy the whole centre of County Wicklow and stretch outside its borders into Counties Carlow, Wexford and Dublin. Where the mountains extend into County Dublin, they are known locally as the Dublin Mountains...
in November 2008 and formally identified using DNA
DNA
Deoxyribonucleic acid is a nucleic acid that contains the genetic instructions used in the development and functioning of all known living organisms . The DNA segments that carry this genetic information are called genes, but other DNA sequences have structural purposes, or are involved in...
analysis the following month. There had been previous unsuccessful attempts to find McIlhone's remains in 1999 and 2000.
In 2010 the remains of Peter Wilson, Gerry Evans and Charlie Armstrong were exhumed, meaning that nine of the sixteen disappeared have now been recovered
Commissioners
The current commissioners are Sir Kenneth BloomfieldKenneth Bloomfield
Sir Kenneth Percy Bloomfield is a former head of the Northern Ireland Civil Service who was later a member of the Independent Commission for the Location of Victims' Remains and for a time Northern Ireland Victims Commissioner...
, former head of the Northern Ireland Civil Service and former Northern Ireland Victims Commissioner, and Mr Frank Murray, former Secretary to the Government (Cabinet Secretary) and former Chairman of the Irish Public Appointments Service, who took over from John P. Wilson
John P. Wilson
John Patrick Wilson was an Irish Fianna Fáil politician. He was first elected as a Teachta Dála for Cavan in 1973 and served in Dáil Éireann until 1992...
.