Stephen Lawrence was a young black man who was murdered, allegedly by five white racist youths while he waited at a bus stop in South East London five years ago.

The police took little action and were very dilatory, although Stephen’s friend and his family insisted that this was a racist attack and that they were able to identify the murderers.

Eventually, after some months three of the alleged murderers were charged, but the prosecution evidence was inadequate and badly prepared, and as a result, the accused were acquitted. Subsequently, the Daily Mail published a front-page article accusing these three and two others of the murder.

Because of this attack of the presumption of innocence there could not be a further prosecution, because it would now be impossible for them to have a fair trial on account of the prejudicial material that had been published.

Meanwhile, Stephen’s parents, Neville and Doreen Lawrence started a public campaign for the culprits to be prosecuted and generally against racism within the police which attracted enormous support, particularly from the ethnic community.

Finally, in 1998 a judicial mission of enquiry was appointed by the Home Secretary which reported in 1999 with a report which was devastating for the police. The Commission stated that there was a culture of institutionalised racism in the police and that public confidence in the police (particularly among ethnic communities) was at an all-time low. The Metropolitan Commissioner of Police, Sir Paul Condon, accepted that there was an institutional problem of racism in the police force, and that it was not (as it had previously been maintained) a question of a few racist officers. However, Sir Paul Condon refused to resign despite numerous calls for his resignation, and despite an increased number of deaths in custody, particularly among black people.

Liberty has welcomed the publication of the report and in particular :

- the proposals to rid the police of racism ;

- the acknowledgement that the police complaints system needs to be changed by appointing an independent body to investigate such complaints, so that the public are no longer reliant on the police investigating themselves - and that police reports in such investigation should normally be disclosed ;

- that at inquests (judicial enquiries into the death of a person), the police should disclose all documents to relatives of the deceased - and that legal aid should be available to the family to pay for lawyers to attend the inquest ;

- that the proposed freedom of information legislation should apply to the police with limited exceptions ;

- that the Race Relations Act should apply to the police.

Liberty points out that many of these issues have been raised repeatedly by Black organisations and also by the UN Human Rights Committee and by the Committee for the Elimination of Racial Discrimination. The recommendations are welcome and long overdue - and they should be implemented immediately.

However, some recommendations raise concern about human rights and civil liberties. For example, the Commission proposed that in certain circumstances the Court of Appeal should allow a second prosecution after an acquittal, where fresh and viable evidence is presented. Liberty points out that this is contrary to article 14 (7) of the International Covenant on Civil and Political Rights.

This report, resulting from the public campaign by Steven Lawrence’s parents has had a tremendous effect on public opinion in Britain. Since its publication, the Home Secretary Jack Straw has started a campaign against racism in the police, and has announced a number of concrete steps. First, he has announced an enquiry to see whether previous potentially racist murders in recent years have not been overlooked by the police.

Secondly that policemen, and also other civil servants, would be liable to prosecution for racism; and police forces should recruit more members of ethnic minorities. One can only hope that this shock report will achieve its objective of preventing racist behaviour in the police, so as to restore public confidence in the police force.

Michael Ellman
Vice-president of the FIDH

(From La Lettre n° 14 of April 15)