Patricia Coyle

Belfast firm Harte Coyle Collins is now representing both men, whose claims both involve the army base at Blackmountain Barracks in late 1972.

The case in respect of the first plaintiff, Liam Holden, is currently listed for a two- to three-week hearing beginning 1 June 2021.

The two plaintiffs will now pursue the High Court claims involving allegations of the use of the waterboarding by the army and misconduct in public office by the members of the army interrogation units involved. Both litigants claim that they were targeted by the army for arrest.

Lawyers for Mr Holden have uncovered a directive issued by the Ministry of Defence (MoD) on 6 August 1972 which they believe may have been relied upon in conducting both arrests and interrogations.

They say the directive required the approval and authorisation of cabinet ministers in 1972 to carry out such targeted arrests and interrogations, circumventing the domestic law in place at the time in Northern Ireland.

Solicitor Patricia Coyle said: “The identification of a second plaintiff who makes similar allegations against the British army involving the use of waterboarding at the same venue and around the same time in 1972 indicates that there may be a pattern of the use of this technique for in-depth interrogation.

“There may also be a pattern of the use by the MoD of the 6th August Directive to target, arrest and subject young men to depth interrogation with the possible prior authorisation of government Ministers at Westminster at the time.

“It will be open to the High Court in Belfast, on hearing the evidence of both Mr Holden and the second plaintiff at the civil trial now fixed for 1st June 2021, to conclude whether it is more likely than not that waterboarding took place in both instances. Both my clients welcome the opportunity to present their case to the court.”