Dáil Éireann debate -
Thursday, 3 Apr 2003

Vol. 564 No. 3

Adjournment Debate. - Colombian Detainees.

Mr. Crowe

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?

Minister of State at the Department of Foreign Affairs (Mr. Kitt)

I wish to respond to the motion before the House. I am conscious that Deputies Crowe and Finian McGrath have acted as observers in this case.

The three men in question were arrested at Bogota Airport by military police on 11 August 2001. Following an initial inquiry, the investigating authorities determined that there was a case to answer and ordered the men's detention while a detailed investigation was carried out. The offences which they were alleged to have committed were using false documents and providing training for illicit activities. The men are currently being held at Modelo prison in Bogota. The trial of the men began in Bogota on 16 October 2002. There have been two further sessions since, in December 2002 and February of this year. A further hearing took place in the city of Medellin in March to hear the evidence of one of the prosecution witnesses. The next session of the trial is scheduled for 7 April. The hearings to date have been attended by Members of this House and the Seanad, and by international observers, including legal observers and human rights activists.

On the Minister's instructions, the Department of Foreign Affairs has been following the case closely. As a signal of both our interest in the process and a strong desire to ensure that the men receive a fair trial, the Minister has designated the ambassador to Colombia as our official representative at the trial.

The Department has provided consular assistance to the three men since their arrest. Officials from the Irish Embassy in Mexico, which is accredited to Colombia, have visited the men on 11 occasions. Through the embassy in London, the Department has actively assisted family members and those attending the trial sessions to obtain Colombian visas. Officials from the Department are in regular contact with the families of the men. The embassy to Colombia has also assisted the families of the men and visiting observers in organising prison visits, and meetings with high-ranking public officials in Colombia.

The embassy has maintained close contact with the relevant Colombian authorities in relation to the conditions in which the men are being held. In all contacts with the Colombian authorities, they have emphasised the importance of ensuring that the men are held in a safe place, where they have reasonable living conditions and satisfactory access to their legal advisers. The embassy has also stressed the importance of ensuring that the men receive a fair trial.

The Minister for Foreign Affairs has reiterated and emphasised the above concerns to the Colombian Foreign Minister in meetings and in correspondence on several occasions. He has met with the Colombian Foreign Minister on three occasions, most recently in Athens on 28 March last, to discuss the case. He has requested the Colombian authorities to expedite the case to the greatest extent possible.

The Taoiseach met former President Pastrana in Dublin in June 2002 and emphasised the importance of ensuring that the men receive a fair trial. Both the Taoiseach and the Minister for Foreign Affairs, Deputy Cowen, have met with the families of the men. The Minister also met on 25 March last with a number of parliamentary and other observers who have been attending the trial, when he assured them that the men's right to a fair trial and their safety were of primary concern to him, and that these concerns had been conveyed on an ongoing basis to the Colombian Government at every level.

I am aware that the observers and supporters of the men who have attended the trial have expressed serious concerns about statements made by senior Colombian figures that, in our jurisdiction, would be regarded as prejudicial to the interests of the three men. While it may not be uncommon in some jurisdictions for the media and others to speak about trials before they start and while they are going on, the Minister and the Department have expressed serious concern at these comments, and have made clear to the Colombian authorities our insistence that the men receive a fair trial.

Moreover, and as I have already stated, in his meeting with the Colombian Foreign Minister last week, the Minister for Foreign Affairs, Deputy Cowen, repeated our strong concern about such statements, emphasising that the men must be considered innocent until proven guilty, and that they should be judged solely on the evidence before the court. The Colombian authorities have responded that they also wish to ensure that the men have a fair trial. In addition, both the trial judge and the Colombian Vice President have given assurances to the trial observers that comments such as those made by certain public figures in respect of the trial would not affect the independence of the court. I assure the House that we will continue to emphasise in all contacts with the Colombian authorities the importance of the men's receiving, and their being seen to receive, a fair trial.