The matter I wish to raise relates to prejudicial statements made by various people within the Colombian justice system and the political system.
On 11 August 2001, three Irish men, Niall Connolly, James Monaghan and Martin McCauley were arrested at Bogota Airport. They were paraded before the world's media and the media around the world said they were guilty. They were held illegally for six months without being charged. In January 2002 two charges were brought against them. They were found guilty. The media stories all over the world were that these men were guilty and that there was all sorts of evidence against them. For those of us who travelled to Colombia for the trial, the reality is that little evidence has been produced against them.
The Attorney General in Colombia has said these men are guilty. A former President of that country, Mr. Pastrana, and The Washington Post said they were guilty. President Uribe, the present Colombian President has said they are guilty. General Tapias, the head of the armed forces, has said these men are guilty. Last week General Moro said they were guilty. The matter was raised in the Colombian Parliament and people alluded to this trial and said these men are not guilty.
It is a basic tenet of international law that a person is entitled to the right to a fair trial. Clearly, in this situation these men are not being given a fair trial. We have a situation where this trial is not above board and where the prosecution service within Colombia is supposed to investigate the defence and the prosecution. The person involved in the prosecution never interviewed anyone on the defence side.
On the first day of the trial, after 65 days of having been told that all the evidence was ready, many of us from Ireland as well as international observers were told no witnesses were available.
There have been threats to the men, the lawyers and the observers who have attended the trial. Also there have been difficulties in accessing the lawyers. They have been moved willy-nilly to different jails around the country. The reality is that under the Colombian system, no jail is safe and on many occasions these men have suffered intolerable prison conditions.
So far no evidence has been produced against the men. The evidence so far would appear to be based on half-truths, speculation and pure fantasy. In Modelo prison in which they are being held they are surrounded by 2,500 right wing paramilitaries. The section in which they are held is suitable for 14 people but holds 43 prisoners. Between 40 and 50 people have disappeared or have been killed in that prison. When one walks into the prison one can see bullet holes in the glass and walls. The reality is it is not safe and there has already been a grenade attack since the men were arrested.
In Ireland a trial goes through in a certain period. The trial in Colombia has been stop gap. A trial started on 4 October 2002 for one day but no evidence was produced. It resumed on 16 October 2002, 3, 4 and 5 December 2002, 5 and 6 February 2003 and 4 March 2003. The reality is that there were five days of actual hearings during that period.
In Modela prison where the men are held there is no natural sunlight. A complaint was made and they were moved, supposedly for their own safety, to another prison where they were allowed out in the sunlight but they were not allowed suntan lotion. Subsequently, the men's faces, arms, legs and heads were burned.
It is clear from independent observers that these men are not getting a fair trial. They have been found guilty by the media and clearly anybody who is anybody within the Colombian system seems to think they are guilty.
The Government should stand up for these three Irish citizens. I accept that observers of ambassador status have been there but more could be done. We have had meetings with the UN, the Red Cross, the Ombudsman's office, human rights groups and all are concerned about the way this trial is proceeding. All are concerned about the men's safety, the threat to their lawyers and the safety of relatives visiting them. There are questions that need to be asked. Does the Irish Government show the same concerns as the human rights groups?