30 October 1997 Edition

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US denies bail to H Block escapers

By Laura Friel and Paddy Newell in USA

Kevin Barry Artt, Pol Brennan and Terry Kirby, three H Block escapers currently fighting extradition proceedings by the British government were denied bail by a US court this week for the second time. Presiding Judge Legg refused to grant bail despite petitions from the Dublin government and Sinn Fein's chief negotiator Martin McGuinness. Given the present Irish peace negotiations and the fact that all three men had previously been granted bail, their continuing detention seems all the more arbitrary.

Judge Legg, an appointee of Ronald Reagan during the infamous Reagan-Thatcher relationship, has a history of unfairness when deciding the fate of Irish prisoners seeking political asylum. Legg has already presided over the fate of a fourth escaper, Jimmy Smyth, who was extradited early in 1996. It was Legg who revoked bail for the remaining three in August 1997.

Hal Bliss, a member of the defence team, said the decision of the US federal Ninth Circuit Court to extradite Jimmy Symth ``eliminated any possible plea for political asylum''. ``When I pleaded for Jimmy Symth it was like going up against a political brick wall'', said Bliss. An investigator for the State of California has described the extradition treaty with Britain as ``a hand-shake deal''.

The struggle against the extradition of Irish political refugees began by exposing the British government's abuse of human rights in the North of Ireland. British misrule in Ireland is now a matter of public record. In the face of overwhelming evidence, the fact that US courts continue to deny Irish men and women political asylum, is bringing the entire American system into question. Legal and political experts are identifying the terms of the extradition treaty granted to Britain as undermining US sovereignty.

The treaty is unique to American legislation and law in two ways. First, it is a one way extradition treaty. Unlike any other country, the British government has no legal responsibility to reciprocate any request for extradition by the United States. Second, by eliminating any possible plea for political asylum, the treaty violates international legal standards in its application. At the time of ratification, the US Committee on Foreign Relations warned that the treaty created ``a precedent profoundly altering the US treatment of fugitives...for the first time in history, a person fighting against extradition would not be able to present the political defence in a US court.''

More recently, the group, Lawyers Alliance for Justice has argued that ``the extradition of Pol Brennan, Kevin Artt and Terry Kirby would undermine the integrity of the United States judicial system both domestically and within the international community.''

 

Kelly granted bail



Long Kesh escaper Tony Kelly was granted bail by the High Court on Wednesday morning. He was being held on foot of British extradition warrants. Bail was set at £40,000. Later that day he was transferred to the Special Court in Green Street where Harry Blaney TD and Hugh Magee signed the bail bond.

The bail conditions include that Kelly reports to Letterkenny Garda Station every day until the next court hearing. As he left the court with family and friends he told An Phoblacht that the Irish Government should not be chasing him at this time during the peace process. ``All political prisoners should be released,'' he said.

Over twenty Sinn Fein members staged a picket outside the Court in support of Kelly. He will appear in court again next Wednesday.


An Phoblacht
44 Parnell Sq.
Dublin 1
Ireland