Recommendation 20

By introducing what it refers to as six new protections for veterans, the Government has attempted to address concerns among former military personnel and others that legacy investigations, whether leading to prosecution or not, have amounted to punishment in themselves. To ensure fairness, however, Ministers have necessarily extended these ‘protections’ to all those engaging in the process. In doing so, they risk over-selling these provisions as guarantees and therefore undermining trust among the very groups in which they hope to instil confidence. Similarly, in pursuit of truth and justice, the new provisions must ensure the effective investigation of legacy cases including, with clear and appropriate safeguards for all, the reopening of previously defective investigations, only where necessary for the purposes of ECHR compatibility or owing to new evidence. (Conclusion, Paragraph 138)