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Sunday, May 24, 2026

Guildford Four: IRA and British Justice

 In an earlier post [https://rarebits.blogspot.com/2026/04/review-oath-betrayed-torture-medical.html] I promised to discuss the Guildford Four.

In times of civil peace, the purity of the justice system isn't really put to the test. When society is under the intense, jagged pressure of a civil crisis, that's when its true strength is shown by how committed it is to human rights. This promise to stick together before anything else is made is a necessary constitutional anchor that keeps the state from drifting into the waters of reactionary vengeance when there are instant, overwhelming demands for security. The bombs in Guildford and Woolwich in 1974, which killed seven people and hurt nearly one hundred, were a terrible start to this kind of collapse. During the sudden void of terror, the basic need for truth was quickly replaced by a perceived need for order. This started a systemic descent in which the state's machinery started to value the look of competence over the substance of legality.

This change in the way the government thought led to a shift from research to confirmation bias, where the search for criminals was no longer objective and instead a convenient story was told. The Surrey Police didn't use proof to find their main suspects. Instead, they looked at how young people like Paddy Armstrong and Gerry Conlon were living in the dirty, drafty Kilburn squats, which made their lives seem easy to label as promiscuous and suspicious. In the mahogany-lined comfort of the Old Bailey, these people were recast as rebel troops, which meant that the government had to give up the strict rules of legal interrogation. Instead, the interviewing teams used a variety of intimidating methods that were not taped or seen. The suspects described a nightmare of physical and mental abuse, including officers urinating on their food, which is a shocking detail that shows how dehumanizing the police had to be in order to follow the scripts they had already written.

Leading the prosecution was Sir Michael Havers, and Mr. Justice Donaldson was in charge of the courts. They worked very hard to keep the Guildford Four from understanding the truth of the proof. The state tried to arrest the Maguire Seven even though there wasn't any forensic evidence. They used flawed nitroglycerin tests to say that Aunt Annie's quiet family home was actually her bomb kitchen. Sir Michael Havers worked very hard to persuade the jury that the trial of the Maguires had nothing to do with the Guildford case. He was successful in separating the two stories in people's minds. Even though the legal system was behaving like a cat with its paw on a mouse, this false sense of certainty was kept up. For example, Mr. Justice Donaldson suggested sentences with no chance of release for 35 years, effectively burying the innocent alive under the weight of a state-sponsored lie.

After the Balcombe Street siege in 1975, it was at its worst when contradictory facts were hidden. Members of the real IRA Active Service Unit were caught and told unique and detailed stories that only the real bombs could have known. But the government decided to change and hide these admissions to protect the original convictions. Later, Lord Imbert, who was a top officer in the Bomb Squad at the time, would say that the men were rude as an excuse for not interviewing them further, which is a ridiculous reason for a terrible breach of investigative duty. In a last-ditch effort to protect the system itself, the appeal courts came up with ridiculous new scripts to explain why innocent people should stay in jail. There was a world where a person's conviction determined the version of the truth that could exist. This was the normative power of the real at its most cynical. Because they relied on the fake and the forced, investigative agencies lost their skills. This structural decay was shown by the fact that 32 officers were involved in the fake arrest sheets. Not until years later, when two earlier drafts of statements were found with changes made by hand, did the shocking level of lying that had kept the building up become clear.

The judicial debates about the war on terror after 9/11 are likened to this tragedy from the past. Some people, like Alan Dershowitz, want to control interrogational torture with a warrant system. On the other hand, Judge Richard Posner says that only the most rigid would say it shouldn't be used if the stakes were high enough. The ticking time bomb situation is used to support this line of thinking. This is a made-up idea that requires a level of knowledge that isn't common in national security. Someone who is torturing someone is sure that they have the right person and that person has the code. This is similar to what the Surrey Police said in 1974. Both are based on the false idea of knowledge, which doesn't work in a world where known unknowns rule. This is the decommitment effect: when a lesser evil is made legal, it sets up a slippery slope where agencies will be less careful and abuse will spread to cases with weak proof. If the law allows the wrongdoing, it doesn't protect the state; it removes the moral authority that gives it power in the first place.

To fix a damaged legal image, there needs to be openness, which the British government continues to fight very hard against. The May Inquiry was supposed to be a Public Inquiry, but it was mostly kept hidden, which meant that neither the Guildford Four nor their lawyers could fully participate. Today, the inquiry's records are still locked up. The Home Office recently decided to keep the files locked up for an extra 75 to 100 years, citing concerns about national security and the privacy of sources. These excuses are becoming more and more like a current shield for wrongdoing in the past, meant to protect the dead's reputations instead of telling the living the truth. The people who were hurt and their families have to pay the price because they are gagged and can't really take part in new inquests. The state has top lawyers representing it at a huge cost to the taxpayers, but the families can't get legal help, so their status as interested parties doesn't really mean anything.

For Paddy Armstrong and Gerry Conlon, the nightmare didn't end when their convictions were thrown out. The horror continued into their afterlife, leaving them mentally shattered in a way that no apology could fully fix. Even though there was clear proof of fake scripts and lying, no officer was ever held responsible for the plot. This means that the full truth may never be known. The lesson of the 1970s is a scary precursor to what happened at Abu Ghraib: courts do not protect the state from terror when they use open and legal means to defend the use of physical force and made-up stories. Instead, they destroy justice itself, casting a shadow that lasts long after the jail gates have been opened.

 Sources:

Armstrong, Paddy, and Mary-Elaine Tynan. Life After Life. Gill Books, 2017.
 
Berman, Eli. "Torture in Counterterrorism: Agency Incentives and Slippery Slopes." ScienceDirect, 2010.
 
Forcese, Craig. "Torture and the New Normal: Modern Legal Thinking on an Ancient Scourge." Ottawa Law Review, vol. 37, no. 1, 2005, pp. 149-161.
 
Greenberg, Karen J., and Joshua L. Dratel, editors. The Torture Papers: The Road to Abu Ghraib. Cambridge University Press, 2005.
 
Kee, Robert. Trial and Error: The Maguires, the Guildford Pub Bombings and British Justice. Hamish Hamilton, 1986 / Kindle Edition, 2021.
 
Levinson, Sanford, editor. Torture: A Collection. Oxford University Press, 2004.
Logan, Alastair, OBE. "Guildford Four: How the Innocent Were Framed and the Truth Buried." The Justice Gap, 2020.
 
Schoeller-Burke, Tara. "The Wrongful Imprisonment of the Guildford Four: Who Bears the Blame?" Victoria University of Wellington Faculty of Law Research Papers, vol. 5, no. 31, 2015, SSRN, http://ssrn.com/abstract=2647781.

 

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