23 January 2003 Edition
Key witness allowed stay away from Bogota trial
The case of Niall Connolly, James Monaghan and Martin McCauley will resume in Bogota on 5, 6 and 7 February. In December, Judge Jairo Acosta permitted theprosecution another two months to find their 'missing' witness John Alexander Rodriguez Caviedes, and ordered them to fly a second witness, Edwin Geovanny Rodriquez, to Bogota. The prosecution had claimed that it was too dangerous for Rodriquez to come to Bogota by road and claimed that they could not afford to fly him.
The Colombian Authorities have now 'found' John Alexander Caviedes, who is in a Colombian state-run witness protection programme. In a letter to the judge, the witness protection programme informed him that they could not afford for him to travel to Bogota. Judge Acosta has now informed the defence lawyers for the three men that a judge in Medellin, another city in the North of Colombia, will take written evidence from Caviedes. Defence lawyers have been asked to submit their questions to Caviedes in writing.
Spokesperson for the Bring Them Home Campaign, Caitriona Ruane, described this turn of events as "farcical".
"First they cannot find him, now they have found him, but they cannot afford to bring him to Bogota. An airfare from Medellin to Bogota costs $200. Mr Caviedes is a 'key witness' and it is essential that our lawyers have the opportunity to cross-examine him. They have not even told us when, where, or by whom his evidence is to be taken. This is supposed to be a public trial.
"Our lawyers are requesting a meeting with the judge, calling on him to insist that Caviedes comes to the court in Bogota so they can cross examine him."
Despite assurances made to the Irish government and international observers in December that the men would not be moved from Bogota, the three were moved on 15 December from La Modelo to Combita jail, 87 miles outside Bogota.
Combita is a jail for sentenced prisoners and it is unconstitutional to hold remand and sentenced prisoners together. It is a very harsh prison regime; they have removed all their books from them claiming they are subversive, they get very limited visits and they are from behind glass. The men have been subjected to strip searching and visitors are also strip searched by prison officers. It is dangerous for lawyers and family members to visit the men.
"On Friday, two of the lawyers travelled to Combita," said Caitríona Ruane. "They were left outside for over two hours; when they were let in it was 4.10pm, they got a one-hour visit behind glass through a telephone, and then the lawyers had to travel back to Bogota when it was dark. It is impossible for Niall, Jim and Martin to prepare for their trial in these circumstances."
The new address for the men is as follows:
Pabelon 6
Comtlejo Penitencario y Carcellario el Barne
Tumja (Combita)
Boyaca
Colombia
All correspondence must have a return address or risk being returned
The Colombian Authorities have now 'found' John Alexander Caviedes, who is in a Colombian state-run witness protection programme. In a letter to the judge, the witness protection programme informed him that they could not afford for him to travel to Bogota. Judge Acosta has now informed the defence lawyers for the three men that a judge in Medellin, another city in the North of Colombia, will take written evidence from Caviedes. Defence lawyers have been asked to submit their questions to Caviedes in writing.
Spokesperson for the Bring Them Home Campaign, Caitriona Ruane, described this turn of events as "farcical".
"First they cannot find him, now they have found him, but they cannot afford to bring him to Bogota. An airfare from Medellin to Bogota costs $200. Mr Caviedes is a 'key witness' and it is essential that our lawyers have the opportunity to cross-examine him. They have not even told us when, where, or by whom his evidence is to be taken. This is supposed to be a public trial.
"Our lawyers are requesting a meeting with the judge, calling on him to insist that Caviedes comes to the court in Bogota so they can cross examine him."
Prison situation
Despite assurances made to the Irish government and international observers in December that the men would not be moved from Bogota, the three were moved on 15 December from La Modelo to Combita jail, 87 miles outside Bogota.
Combita is a jail for sentenced prisoners and it is unconstitutional to hold remand and sentenced prisoners together. It is a very harsh prison regime; they have removed all their books from them claiming they are subversive, they get very limited visits and they are from behind glass. The men have been subjected to strip searching and visitors are also strip searched by prison officers. It is dangerous for lawyers and family members to visit the men.
"On Friday, two of the lawyers travelled to Combita," said Caitríona Ruane. "They were left outside for over two hours; when they were let in it was 4.10pm, they got a one-hour visit behind glass through a telephone, and then the lawyers had to travel back to Bogota when it was dark. It is impossible for Niall, Jim and Martin to prepare for their trial in these circumstances."
The new address for the men is as follows:
Pabelon 6
Comtlejo Penitencario y Carcellario el Barne
Tumja (Combita)
Boyaca
Colombia
All correspondence must have a return address or risk being returned