Men refuse to attend hearing for their own safety

     
It is not obligatory for defendants in Colombia to attend preliminary hearings and non-attendance in no way interferes with the legal process
Fears for the safety of the Colombia Three were again justified as riot police attempted to ride roughshod over the men's legal right not to attend the preliminary hearing of their trial last Friday in Bogotá.

From the moment of Jim Monaghan, Martin McCauley and Niall Connolly's arrest over 14 months ago, the case has been dogged by political interference and misinformation in Colombia's increasing dangerous political climate.

Bring Them Home campaign spokesperson Caitríona Ruane explained that last Friday's court date was simply a preliminary hearing where the trial judge, prosecution and defence teams meet to prepare for trial.

As their safety on the journey to and within the courthouse could not be guaranteed, the three men decided not to attend. Shortly before the trial was due to start, they requested that the prison director send a fax to Jairo Acosta, the trial judge, which set out why they had decided not to attend the preliminary hearing. In response, Judge Acosta asked for verification of the men's concerns.

Instead, riot police stormed La Picota prison and, with shields and batons drawn, attempted to take the men forcibly to court. The three were dragged from their cells, beaten and thrown to the ground in the prison reception area. The men were badly shaken and received cuts, bruises and abrasions.

More serious injury was averted only by the quick thinking and action of the Bring Them Home campaign. Alerted by Niall Connolly, the defence team managed to contact Irish government and United Nations officials. Within moments, the Colombian Ministry of Justice had intervened, prompted, it is believed, by the intervention of the United Nations High Commissioner for Human Rights.

Held in public, it is not obligatory for defendants in Colombia to attend preliminary hearings and non-attendance in no way interferes with the legal process. "As such, under Colombian law, it was the men's right to choose whether to attend the preliminary hearing," explained Bring Them Home campaign spokesperson, Caitriona Ruane.

The preliminary hearing is where the trial judge decides if there is sufficient evidence for a full trial. Even though the prosecution's forensic and witness evidence has been discredited, few observers believe the political realities of this high profile case will allow Judge Acosta to dismiss the charges against the three Irishmen.

The extent of the political interference and media hijacking of the case of the Colombia Three has been evident in the very public and prejudicial comments made by senior political and judicial figures in Colombia. It is obvious that the three Irishmen are being used by elements of the Colombian government and by elements of the US government to increase and redirect US military aid to Colombia.

Speaking to the media gathered outside the courtroom, Barry McElduff, Sinn Féin Assembly member for West Tyrone, expressed his concerns that the men could not receive a fair trial and that the judge would be unable to withstand political pressure to dismiss the charges.

The three men have been under constant threat since their arrest in August last year. Last month, Augustine Jimenez and another of their legal representatives received death threats. Defence lawyers in Colombia are prime targets for Colombian state-sponsored right wing paramilitaries. Since 1998, over 25 defence lawyers have been murdered, heightening concerns for the men's safety.

The very public nature of the preliminary hearing and the failure to guarantee the men's safe passage prompted the men's decision not to attend. These fears were justified as the scene outside the courthouse descended into a media circus.

There was an orchestrated protest outside the courthouse, with rent-a-mob protestors carrying English language placards aimed at the international media.

Local observers identified the protest organiser as a well-known actor, with strong right wing ties, who clearly thought that his role outside the courthouse was merely another bit part in an Arnold Schwarzenegger film.

The defence team were verbally abused and harassed on their way in. A man posing as a journalist followed the defence team, filming their activities. When challenged to produce press accreditation or other identication, he refused.

Eventually, once inside the courthouse, a brief hearing was held with the prosecution and defence teams. Recognising the men's right not to attend the hearing and visibly uncomfortable when informed of the attempt to forcibly bring the men to the courthouse, the judge ordered an investigation into the manner in which the prison carried out his original request to verify the reasons behind the men's decision not to attend.

Responding to fears for the men's safety, Judge Acosta also made a judicial order to permit Caitríona Ruane to visit the men that afternoon. He further agreed to look into the complaint of the Bring Them Home campaign regarding the harassment and filming of the defence team outside the courthouse. A new date for the hearing has been set for 16 October.

A worrying development is that Niall Connolly is now being held apart from Jim Monaghan and Martin McCauley. Shortly after the assault by riot police at La Picota prison, he was separated from the other men and placed in a six by ten foot punishment cell.

Without any justification for this arbitrary decision, Niall Connolly continues to be held apart in an overcrowded cell in a very insecure part of the prison, sparking concerns for his safety. Rumours abound that he may face forty days in isolation.

He was allowed one phone call to his family on Friday afternoon and was visited by Caitríona Ruana, who has expressed concern for his safety and the effect that his isolation will have on the case.

This is not the Colombian authorities' first attempt to break the men's resolve. Since their arrest, they have been held at three different prisons and have resisted previous attempts to hold them separately.

As Connolly is the only Spanish speaker, he is a key link between the men and their defence team. It is clear that this latest move is an attempt to interfere with its preparations and cut off communication at a key point in the trial.

While the main planks of the prosecution case have been discredited, fears remain concerning the level of political interference in the case. Speaking over the weekend, lawyers representing the men insisted the charges had been trumped up by the Colombian government to further its own political agenda.

"These three men must not become victims or guinea pigs in this global fight against terrorism," said Pedro Mahecha, lawyer for Jim Monaghan.

Local reporters in Bogotá, meanwhile, were bemused that queries to the British embassy regarding the men's case were directed to the Irish embassy.