Legacy Act is a breach of human rights law Belfast judge rules

Mr Justice Colton told the High Court in Belfast he was “satisfied” the provisions for immunity from prosecution under Section 19 of the Legacy Act were in breach of and incompatible with the lead applicants’ rights under Article 2 of the European Convention on Human Rights.

Judge Colton is delivering his judgement on a judicial review of the legislation taken by victims of the Troubles.

The full ruling runs to 200 pages, and is being read today after Mr Justice Colton reserved judgment in November upon listening to eight days of argument.

The Legacy Act, which has been controversial since its inception, involves a conditional amnesty for people suspected of crimes committed during the Troubles and introduces a ban on inquests and future civil actions related to the Troubles.

Th act replaces current methods of criminal and civil investigations and inquests with inquiries carried out by a new investigative body, the ICRIR.

The British Government  has argued the act is human rights compliant.

However the families of the victims disagreed. They claim the legislation was unconstitutional and breached Articles 2 and 3 of the European Convention on Human Rights (ECHR).

Article 2 of the ECHR says is the "right to life" article while article 3 of the ECHR deals with the "prohibition of torture".

Delivering his ruling, Mr Justice Colton said he was "satisfied" that the legacy act violated the lead applicant's rights pursuant to Article 2 of the ECHR.

Continuing Justice Colton read: "I am also satisfied they are in breach of Article 3 of the ECHR."

This is the first major legal challenge to the divisive legislation as legal experts warn that the challenge in the courts could take several years to exhaust, as it could be appealed all the way to the Supreme Court.

Separately, the Irish government is also taking a case against the UK at the European Court of Human Rights in Strasbourg.

The Belfast case was brought by Martina Dillon, John McEvoy, Lynda McManus and Brigid Hughes.

Ms Dillon's 45-year-old husband, Seamus, was shot dead in a loyalist attack at the Glengannon Hotel in Dungannon, County Tyrone, in 1997.

Mr McEvoy survived a loyalist shooting on the Thierafurth Inn in Kilcoo, County Down, in 1992.

Ms McManus's father, James, was among those wounded in the Séan Graham bookmakers massacre earlier the same year.

Ms Hughes's husband, Anthony, was an innocent man killed as he drove into the SAS ambush of an IRA unit in Loughgall in 1987.