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Instead of fragmenting the investigative processes, the Legacy Commission should be empowered to investigate all...

Conclusion
Instead of fragmenting the investigative processes, the Legacy Commission should be empowered to investigate all cases which fall within Article 2 or 3 ECHR, regardless of who makes the request. It should be able to investigate 93 all Troubles-related deaths and life-endangering conduct reaching the threshold of Article 2 ECHR. In addition, the exhaustive list defining “serious physical or mental harm” should be removed, so that the Legacy Commission can investigate any conduct reaching the threshold of Article 3 ECHR. This would be a more principled approach to addressing the legacy of the past. It would also relieve some of the pressure on organisations like PONI and PSNI, who could productively focus their resources instead on today’s operational challenges while the Legacy Commission deals with the issues of the past. (Recommendation, Paragraph 95)
Addressee Bodies
Ministry of Justice
Timeline
Report published 07 Sep 2026