The Colombia 3 returned to Ireland last week to a mixed reception, polarised
between the relief of their families and the hostility of unionist politicians
in the North and opposition parties in the South. A divided media reflected both
positions with the extreme right demanding the immediate extradition of Jim
Monaghan, Martin McCauley and Niall Connolly back to Bogota while the other
commentators reiterated the appaling human rights record of the Colombian regime
and the 26-County Government's obligation to protect its own citizens.
The three men were initially detained at Bogota's El Dorada Airport before
boarding a flight out of Colombia in August 2001. Accused of training Colombian
rebels they endured three years imprisonment in some of Colombia's most
notorious jails while awaiting trial. During their incarceration the three men
remained in constant fear for their lives, surviving at least one serious
attack.
In many ways the three Irishmen became the victims of changing international
circumstances as the world came to terms with the 11 September attacks in the
United States. Despite the fact that there was never any real case to answer the
three men inadvertently became caught up in post-9/11 hysteria and the
subsequent hunt for international terrorists.
At trial the prosecution's case collapsed after forensic evidence was exposed as
totally unreliable and so-called witness evidence was completely discredited.
All three were found not guilty and acquitted of all of the most serious charges
against them in April 2004.
In any country where accepted international standards of justice apply the story
of the Colombia 3 would have ended there and then with the immediate return of
the men to Ireland. But Colombia is not such a country. Condemned by
organisations as diverse as Amnesty International and the United Nations, the
current Colombian regime is notorious for its appaling record of human rights
abuses and atrocities carried out against its own population.
Initially the three men refused to leave Bogota jail without re-assurances
regarding their safety. The Colombian Government rejected a request by the
Attorney General that the men should be allowed to return to Ireland and in June
2004 the three left Bogota to travel to an undisclosed location. Despite the
discredited prosecution case and the absence of any further evidence the three
men were subsequently convicted in their absence on appeal in December 2004 and
given sentences of up to 17 years in jail.
Since then nothing had been heard of the three men until reports of their return
to Ireland began to filter through the Irish, British and international media
last weekend. In an exclusive interview with RTÉ's Charlie Bird, Jim Monaghan
dismissed media speculation that there had been some kind of deal brokered to
secure the three men's return to Ireland.
"No, not that I am aware, there hasn't been any deal of any sort. We returned as
soon as we were able", said Monaghan. "I am back in Ireland only a few days and,
as you can imagine, a lot of people in a lot of countries had to help us, and I
can't endanger those people by giving any details about who they were or even
where they were."
Responding to a question Jim Monaghan said he did not consider himself or the
other men to be 'on the run'. "No, I wouldn't be giving this interview if I was
on the run. I'm back and I would hope that I would be left in peace," he said.
Commenting on the actions of the Dublin Government, Jim Monaghan said they had
been "quite good during the time we were away. The Taoiseach asked that we would
be sent back while we were waiting on the appeal, so I hope that [the
government] would continue in this vein."
Speaking to the media Niall Connolly's brother Dan said his mother and the whole
family were "absolutely delighted" by the men's return. "We would like to thank
Caitríona Ruane and Peter Madden, as well as the lawyers in Colombia, the
observers and politicians and all the supporters who took an interest in the
case," said Connolly.
Bring Them Home campaigner and Sinn Féin Assembly member Caitríona Ruane said
that supporters of the Colombia 3 did not expect the Dublin Government to return
the men to Colombia despite political pressure to do so. "The Irish government
is very aware of the dangers the men would have to face if they were returned to
Colombia."
"Between them they have eight children, some of whom they haven't seen for four
years. They have suffered terribly. The trial lasted seven-and-a-half months. It
was open and transparent. The world media was present and international
observers. When presiding Judge Acosta found them innocent, he also ruled that
the only two prosecution witnesses should be investigated for perjury."
As the Sunday Tribune pointed out the "case against extradition is compelling".
Commenting, the editorial said there were good reasons why Ireland doesn't have
an extradition treaty with Colombia and went on to describe Colombia as a "human
rights disaster" and its judges, jails and justice system as "unreliable, to say
the least".
"For an Irish Government to consider sending Irish citizens to such a patently
unjust place, where individuals perceived to be in opposition to the regime are
regularly killed and tortured, would be a step too far for many Irish people"
said the Tribune.
Predictably, unionist reaction has been far from sympathetic. Senior Ulster
Unionist Michael McGimpsey accused the Irish Government of doing a deal with
republicans. "The Irish Government is unlikely to send them back, as this move
is likely to be part of the latest concession choreography to republicans. Once
again despicable political expediency is replacing common sense and due
process", said McGimpsey.
DUP Deputy Leader Peter Robinson described the idea of the three men being
allowed to "live freely in the Republic" as a "terrible affront". "We are
looking for their immediate arrest and for the Republic to hand them over to the
Colombian authorities. Calling for the men's "swift extradition", Robinson said
any other course of action by the Irish Government would render Bertie Ahern a
"terrorist collaborator".
However, legal observers have pointed out the difficulties of such an
extradition request. For a start the Dublin Government doesn't have an
extradition treaty with Colombia. Extradition could only take place on the back
of such a treaty between Ireland and Colombia and such treaties are not
retrospective.
The propriety of such a treaty with a regime that continues to attract serious
criticism from the United Nations for persistent and systematic human rights
abuses would in itself be questionable.
Although extradition treaties are a matter for the executive, the Irish
government could not enter into such an agreement without the approval of the
Dáil. Furthermore there exists a general prohibition against extradition for
political offences such as those for which the men stand accused.
Add to this a procedure that allows those threatened with extradition to prevent
the order being acted upon if, for example, it could be shown that their lives
would be endangered. And as the Irish Times pointed out "a brief perusal of
material available through Amnesty International and the United Nations High
Commissioner for Human Rights would suggest that such concerns have a firm basis
in reality."
Suggestions by the Colombian Government that there is an Interpol warrant
regarding the men is believed to be misleading. Interpol carries only a list of
people wanted by various governments throughout the world.
Niall Connolly's brother Dan said that his family did not believe there are
grounds for extradition. "And if one were brought we believe it would be
defeated in the courts. We don't believe either that Irish people would want
their citizens being sent back to Colombia, particularly where there is an
understanding of the human rights situation in that country".
But there are those for whom human rights and the rights of Irish citizens to be
protected by their government stand as a poor second to the opportunity to
damage the Peace Process. Sadly this is not confined to reactionary elements
within the North. Fine Gael leader Enda Kenny demanded an immediate statement
from the Taoiseach to clarify "whether this issue was part of the negotiations
between the government and Sinn Féin. Meanwhile Conor Cruise O'Brien called on
the Irish Government to "move immediately to have them extradited". It was the
"gravest test" of Ahern's political career," said the Cruiser. Of course such
exaggerated nonsense merely reflects the deep-seated antipathy towards
republicans and the entire Peace Process by an unrepresentative reactionary
element and cynical political opportunists in the 26 Counties.