Recommendation 9

The permanent closure of a case in which a serious crime has been committed raises profound legal, ethical and human rights issues. There is considerable doubt whether such closures are the right approach. Before the Government introduces legislation, it must clarify its policy on: a) whether cases could be reopened if new, compelling evidence comes to light; Addressing the Legacy of Northern Ireland’s Past: 27 the Government’s New Proposals (Interim Report) b) what would happen to evidence and files in cases that are permanently closed; c) whether decisions on case closure would be subject to a right of appeal; d) what practical actions “swift final examinations” would entail; e) who would be responsible for making decisions on which cases merit a full police investigation; f) whether the new body would be responsible for undertaking such investigations; and g) how to ensure that bodies that hold information do not simply run down the clock by withholding material.