13 February 2003 Edition
Colombia trial now a sham
BY MARTIN SPAIN
Speaking on his return from Colombia, Sinn Féin TD Seán Crowe says there is no possibility of the three Irishmen facing charges of assisting FARC guerillas getting a fair trial.
"We are now at a very critical stage but instead of matters improving, the trial process has become a complete sham," he told An Phoblacht. "Political interference in the trial has continued unabated and this week, in an interview with Newsweek, Colombian President Uriba put the final nail in the coffin when he said that the men are guilty. This is a complete violation of the presumption of innocent until proven guilty and gross political interference in an already contaminated process.
"I have now attended two sessions of this trial as part of an international team of observers and I firmly believe that there is absolutely no possibility of Jim Monaghan, Martin McCauley and Niall Connolly getting a fair trial. And as time goes on it is increasingly difficult for those attending the trial as observers, due to constant pressure and threats, both around the court and getting in and out of the country.
Crowe and Fianna Fáil Senator Mary White, who also travelled to Colombia as an observer, are seeking an urgent meeting with Brian Cowen to voice their concerns about the trial.
"The government must urgently act for the rights for these three Irishmen and to secure their immediate release," said Crowe. "This is a simply matter of justice which the government must vigorously pursue with the Colombian authorities."
Caitríona Ruane, spokesperson for the Bring Them Home campaign, pointed out that both the previous and current presidents of Colombia have now declared the men guilty. "Inside the Presidential office, the trial is over. They are not even interested in the defence evidence or due process. President Uribe is using these three men to internationalise the war in his country and to request further aid from the United States.
"We have said from the outset that no evidence will be produced against these three Irishmen. Nothing, absolutely nothing has happened to change our understanding of this case."
An alleged FARC supergrass, Edwin Giovanny Rodriguez, who gave evidence in court last week, claimed that he saw three men training the FARC in February 2001. "This is a lie and a complete fabrication," says Ruane. "Niall Connolly, James Monaghan and Martin McCauley were not in Colombia on the dates in question. They have, through their lawyers, totally repudiated this fabrication and can prove it.
"The Colombian State at the highest level has now clearly demonstrated that it has no intention of affording a fair trial to the three Irish men. Inside the President's office, the verdict is the men are guilty. They are not even interested in the defence evidence that will be given in the next stage of the trial. It can no longer be said that the trial process exists.
"All of the prejudicial comments, both from politicians and the Colombian media, have endangered the lives of the delegation, who have publicly been accused of being terrorists in Colombia and who have been threatened while the Colombian police and army looked on."
Sean Crowe visited the men in La Modela jail last week. He said they were in good spirits and glad to have been moved back to Bogota from what was a very strict regime and a very tense atmosphere at Combita prison, three hours from the capital. The men had been illegally moved in December despite assurances from senior Colombia government representatives to Irish foreign minister Brian Cowen that the men would not be moved out of Bogota.
On Wednesday 5 February, the first day of the trial, Crowe said that armed military with riot shields and police let protestors get through to and threaten the international observers, an act of intimidation that the TD later raised in a meeting with the Colombian Vice-President, Francisco Santos. The Vice-Foreign minister later informed Crowe that she didn't believe Uribe's comments would be adjudged prejudicial under Colombian law.
In court, said Crowe, the alleged eyewitness was very nervous on the first day of the resumed trial, which had been adjoured in December and again in February because this and another witness could not be brought to Bogota. He demanded assurances of protection. The next time he appeared, however, he was relaxed and confident, despite telling the court that his wife and child had disappeared. A police witness and an explosives expert were the only two other witnesses called before the case was again adjourned.
The second 'missing' witness, John Alexander Rodriguez Caviedes, who the authorities say they cannot afford to fly to Bogota, is being allowed by the trial judge, Jairo Acosta, to give evidence to a commission in Medellin, a situation that the defence and the internationa observers have protested strongly about.
While the delegation was in Bogota, a powerful car bomb exploded outside an exclusive social club, killing 32 and injuring 160. Santos immediately blamed FARC and media speculation turned to the ongoing trial, but according to Sean Crowe, there was confusion over who was responsible, with drug barons and right-wing paramilitaries also in the frame.
The case has been adjourned again until 25 March.
Speaking on his return from Colombia, Sinn Féin TD Seán Crowe says there is no possibility of the three Irishmen facing charges of assisting FARC guerillas getting a fair trial.
"We are now at a very critical stage but instead of matters improving, the trial process has become a complete sham," he told An Phoblacht. "Political interference in the trial has continued unabated and this week, in an interview with Newsweek, Colombian President Uriba put the final nail in the coffin when he said that the men are guilty. This is a complete violation of the presumption of innocent until proven guilty and gross political interference in an already contaminated process.
"I have now attended two sessions of this trial as part of an international team of observers and I firmly believe that there is absolutely no possibility of Jim Monaghan, Martin McCauley and Niall Connolly getting a fair trial. And as time goes on it is increasingly difficult for those attending the trial as observers, due to constant pressure and threats, both around the court and getting in and out of the country.
Crowe and Fianna Fáil Senator Mary White, who also travelled to Colombia as an observer, are seeking an urgent meeting with Brian Cowen to voice their concerns about the trial.
"The government must urgently act for the rights for these three Irishmen and to secure their immediate release," said Crowe. "This is a simply matter of justice which the government must vigorously pursue with the Colombian authorities."
Caitríona Ruane, spokesperson for the Bring Them Home campaign, pointed out that both the previous and current presidents of Colombia have now declared the men guilty. "Inside the Presidential office, the trial is over. They are not even interested in the defence evidence or due process. President Uribe is using these three men to internationalise the war in his country and to request further aid from the United States.
"We have said from the outset that no evidence will be produced against these three Irishmen. Nothing, absolutely nothing has happened to change our understanding of this case."
An alleged FARC supergrass, Edwin Giovanny Rodriguez, who gave evidence in court last week, claimed that he saw three men training the FARC in February 2001. "This is a lie and a complete fabrication," says Ruane. "Niall Connolly, James Monaghan and Martin McCauley were not in Colombia on the dates in question. They have, through their lawyers, totally repudiated this fabrication and can prove it.
"The Colombian State at the highest level has now clearly demonstrated that it has no intention of affording a fair trial to the three Irish men. Inside the President's office, the verdict is the men are guilty. They are not even interested in the defence evidence that will be given in the next stage of the trial. It can no longer be said that the trial process exists.
"All of the prejudicial comments, both from politicians and the Colombian media, have endangered the lives of the delegation, who have publicly been accused of being terrorists in Colombia and who have been threatened while the Colombian police and army looked on."
Sean Crowe visited the men in La Modela jail last week. He said they were in good spirits and glad to have been moved back to Bogota from what was a very strict regime and a very tense atmosphere at Combita prison, three hours from the capital. The men had been illegally moved in December despite assurances from senior Colombia government representatives to Irish foreign minister Brian Cowen that the men would not be moved out of Bogota.
On Wednesday 5 February, the first day of the trial, Crowe said that armed military with riot shields and police let protestors get through to and threaten the international observers, an act of intimidation that the TD later raised in a meeting with the Colombian Vice-President, Francisco Santos. The Vice-Foreign minister later informed Crowe that she didn't believe Uribe's comments would be adjudged prejudicial under Colombian law.
In court, said Crowe, the alleged eyewitness was very nervous on the first day of the resumed trial, which had been adjoured in December and again in February because this and another witness could not be brought to Bogota. He demanded assurances of protection. The next time he appeared, however, he was relaxed and confident, despite telling the court that his wife and child had disappeared. A police witness and an explosives expert were the only two other witnesses called before the case was again adjourned.
The second 'missing' witness, John Alexander Rodriguez Caviedes, who the authorities say they cannot afford to fly to Bogota, is being allowed by the trial judge, Jairo Acosta, to give evidence to a commission in Medellin, a situation that the defence and the internationa observers have protested strongly about.
While the delegation was in Bogota, a powerful car bomb exploded outside an exclusive social club, killing 32 and injuring 160. Santos immediately blamed FARC and media speculation turned to the ongoing trial, but according to Sean Crowe, there was confusion over who was responsible, with drug barons and right-wing paramilitaries also in the frame.
The case has been adjourned again until 25 March.