Bernard Allen
Question:9 Mr. Allen asked the Minister for Foreign Affairs if he will report on the situation regarding three Irish nationals in Colombia; and if he will make a statement on the matter. [18800/04]
View answerThursday, 24 June 2004
Questions (10, 11)
Joe Costello
Question:39 Mr. Costello asked the Minister for Foreign Affairs, following recent discussions between the Taoiseach and the President of Colombia, Mr. Alvaro Uribe, in Mexico concerning the release and deportation of the three Irishmen jailed for travelling on false passports, the agreement or understanding reached concerning the position of the men; and if he will make a statement on the matter. [18835/04]
View answerOral answers (13 contributions)
I propose to take Questions Nos. 9 and 39 together.
The Taoiseach and I met the Colombian President, Mr. Uribe, and Foreign Minister, Mr. Barco, to discuss the case of the three Irishmen in Colombia during the recent EU-Latin America summit in Mexico. We emphasised our concern for the men's security and reiterated our view that the best way to ensure their safety was to allow them to leave Colombia pending the hearing of the appeal. We also suggested that given the clear nature of the judgment, a second assessment of the decision to appeal might be made in the Colombian attorney general's office. The president listened carefully to these suggestions, which he saw as having merit. However, he emphasised again that the judiciary in Colombia is independent of the executive.
Subsequent to this meeting the vice-president, Mr. Santos, indicated publicly that the Colombian Government had no objections to the men's returning to Ireland pending the appeal. However, the magistrates in the case ruled that the men could leave prison but would have to remain in Colombia until the appeal was heard. The three men left the prison on Tuesday, 15 June and are now staying in a private location.
I recently spoke to the Colombian vice-minister for foreign affairs on this matter. In response to our representations to Mr. Uribe, he confirmed that our request to review the basis for the appeal was under consideration. He also expressed the hope that if the appeal did go ahead it would be heard within two to four months. My Department will continue to provide all possible consular assistance to the three men as well as to their families and representatives.
The Minister will be aware that the authorities and Members of this House will have questions they want answered when these men return. I will say no more about that now, however. I notice from press reports that a Sinn Féin member of the Northern Assembly was quoted as saying the organisation provided the security for the men when they were released from prison. These men are Irish citizens. Will the Minister confirm that the Government has taken an interest in their security and that he has been assured they are not threatened while they are in Colombia?
Security arrangements were offered to the men concerned, but they did not take up the offer and left the prison by themselves.
Does the Minister have information on the security of these men? Are they in danger? Has the Department raised with the Colombian authorities the question of ensuring they are not put in an insecure or unsafe position?
As I said, the men have been moved to what they regard as a safe location. That is a matter to be determined by themselves. All our consular efforts have been to ensure the security of these citizens to allow due process to take place.
In answer to DeputyMitchell's question, when I was in Colombia a number of international human rights volunteers travelled with lawyers and provided security and support services for them. I presume a similar arrangement is in place.
Does the Minister accept that the families of Niall Connolly, Jim Monaghan and Martin McAuley are still extremely concerned about their safety? Does he share my concern about the delay in the appeal? Does he share my deep concerns about some of the media reporting of the case? Is he aware that many international lawyers and people such as Paul Hill of the Guildford Four have expressed their concerns about the men's safety as well as about other human rights cases in Colombia? What other practical steps is the Minister taking to ensure the men's safe return to Ireland? I thank the Minister and the Department of Foreign Affairs for their work on the case so far.
Everything that can be done is being done. We are dealing with the legal system of another country. We have made representations to the relevant persons to try to expedite matters and bring this to a conclusion as quickly as possible. We are also attempting to have examined the basis of the appeal and the question of whether it should proceed. These issues are under consideration.
Was any reason given for the men's refusal of the offer of security? In discussions that have taken place between the Taoiseach and the Colombian authorities, was any idea given of the timescale involved? Will the men be in Colombia permanently? Is there any realistic chance of their being returned?
The offer of security was made by the Colombian authorities, not the Irish authorities. It was not accepted by the men, which was their decision. In the matter of the timescale of the appeal, the Colombian vice-minister for foreign affairs expressed to me the hope that it might be heard within two to four months. That is not a certain figure but the timescale that was mentioned to me when I asked. There is also the question of whether the appeal will proceed as a result of a re-examination of the judgment by a more experienced member of the Fiscalía.
The three men in question were found guilty of travelling on false passports. They were Irish passports. Has the Irish Government made inquiries about where those passports were issued or any other aspect of what the court found?
I do not have any such information available to me but I will make inquiries.
I join other speakers in thanking both the Minister for Foreign Affairs and the Taoiseach for their involvement and interest in this case. The Minister stated that the appeal process would take between two and four months. Has the appeal process begun? Has a judge been appointed?
There is extreme concern among the families for the safety of the men. Is it not the case that even the Colombian authorities cannot guarantee their safety within the prison system and that there have been difficulties in the past with human rights groups regarding the army and security services being involved in killings in the country? I thank the Minister for his involvement in the case but there is concern that this will go on and on. It was clear to anybody who attended that little if any evidence was produced during the trial. The trial judge spoke about a need to investigate one of the so-called prosecution witnesses to find out where this person was coming from in terms of the information he produced at the trial. The families have asked that this be expedited as quickly as possible. I welcome the fact that the Minister has been in touch with the Colombian authorities and ask that he continue those representations on their behalf.
The Taoiseach and I raised two issues when we met the President and the Foreign Minister in Guadalajara. The first was whether they would explore the possibility of the appeal not being proceeded with based on a re-examination by the more experienced Fiscalía of the judgment and the law involved. I understand that is still under consideration. Second, the three judges have made a decision that the three men must remain in the country pending the appeal. On that basis I have made inquiries as to what the timeline might be and I got the response I have given to the House. I will continue to monitor the situation.