Published Wednesday, 29 June 2011
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It had been previously indicated that such a move would be taken, in the wake of a report into the case published last week.
Relatives of those killed met on Wednesday to discuss how to progress their pursuit of justice. They have already demanded a public inquiry following the Historical Enquiries Team report into the atrocity.
The report found the IRA, who claimed to be on ceasefire at the time, was behind what was one of the worst atrocities of the Troubles - under the cover name of the South Armagh Republican Action Force.
The men were shot dead on their way home from work in the south Armagh village after being ambushed by 11 gunmen on 5 January 1976.
They were forced at gunpoint to reveal their religion. They were lined up, flasks and lunchboxes still in their hands, and shot dead. One man hit 18 times survived.
The report found the weapons used by the gunmen could be linked to up to 100 other killings, included the murders of RUC Chief Superintendent Harold Breen and Superintendent Raymond Buchanan in South Armagh in 1989.
The families of those murdered at Kingsmills feel they are still a long way from justice. Jean Lemmon's husband Joseph was one of those killed.
"I miss my husband, he was the best man going," she said.
"I want to see them (those responsible) put in jail, because I lost a good man, my two girls lost a good father."
The report found the Kingsmills massacre was a "direct response" to the shootings of three members of the Reavey family in Whitecross days earlier.
Eugene Reavey lost his three brothers in the UVF shooting in January 1976. After the attack, his father called for no retaliation.
"Unfortunately it fell on deaf ears, he said if his sons by their deaths saved any others, they would not have died in vain, but unfortunately no one was listening," Mr Reavey said.
"Whether there was a plan or not, the murder of my brothers was a catalyst to the murders of these people at Kingsmills.