Derry's Annette McGavigan case in European Court of Human Rights

The case of Derry schoolgirl Annette McGavigan (14) who was shot dead by the British army on September 6, 1971, is one of 16 cases submitted to the European Court of Human Rights at Strasbourg by Harte Coyle Collins, Solicitors and Advocates.

The legal firm submitted the applications on behalf of families who lost loved ones, including two children, and two people persons wounded during the conflict.

One of the applications was on behalf of a client who was subjected to torture by the police and army personnel in 1972. 

McGavigan's vow to 'keep fighting for truth'

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It is anticipated that the 16 applications will join other cases and the Irish Government inter-state application for hearing at Strasbourg in the challenges against the British Government's Legacy Act  - passed into law on September 18, 2023.

The Applicants' claims to the European Court of Human Rights allege breaches of Articles 2, 3, 6, 8, 13 and 14 of the Convention of Human Rights by the British government in implementing the Legacy Act.

In a number of cases inquests are ongoing (with a guillotine date of May 1, 2024 for the conclusion of evidence) or decisions on inquest applications are pending, police investigations and civil claims are live and in at least one case a decision is awaited on prosecution from the Public Prosecution Service.

The 16 applicants include the following applicants and families of:

Annette McGavigan (14) shot dead by the British army on September 6, 1971.

Brian Petticrew and Martin Dudley who were shot and wounded by the British army in Springhill, Belfast on July 9, 1972.

Thomas Burns who was shot dead by the British army in North Belfast on the July 12, 1972.

Jim McCann who was shot dead by the British army in Belfast on February 4, 1973 (New Lodge 6 case).

Joseph McCrystal (Senior), believed to have been shot dead by an undercover British army MRF unit on November 12, 1972.

Patrick Crawford (15), believed to have been shot dead by the army in the grounds of the RVH in Belfast on the August 10, 1975.

William Mailey, James Mulvenna, and Denis Brown shot dead by the British army on the June 21, 1978.

William Norman Smyth, believed to have been shot dead by an undercover army unit in Belfast on  October 24, 1978. 

Patrick Duffy, shot dead by an SAS undercover British army unit in Derry on the November 24, 1978

Dermott Hackett shot dead by loyalist paramilitaries on the  May 23, 1987.

Sean Hughes shot dead by loyalist paramilitaries in his business on the Falls Road in Belfast on September 7, 1993.

Commenting on the applications, Patricia Coyle solicitor said: "We will continue to follow our clients’ instructions to fight for their fundamental right to public accountability in respect of the actions of the state and state agents in the killing, wounding, and torture of their loved ones.

"Such actions should not be dealt with in the shadows where accountability does not exist and there is no correction of the public record.”