Extradition bid referred to Europe

Efforts by the British Crown Forces to extradite Cork republican Sean Walsh have been put on hold following the decision of the 26 County Supreme Court to refer the matter to the European Court of Justice (ECJ).

Mr Walsh’s arrest was linked to one of two meetings organised by MI5 double agent Dennis McFadden. A number of leading members of Saoradh have already been subjected to indefinite detention in regard to alleged conversations held at properties rented by McFadden in County Tyrone.

Mr Walsh’s lawyers have been challenging the extradition on a number of points at the Supreme Court in Dublin.

He argued that he would inevitably face human rights abuses and potential torture immediately once extradited - forced strip searches, controlled movement and the potential for targeted isolation.

In the end, the court ruled that aspects of the case needed clarification under the European Convention of Human Rights (ECHR), given the complications caused by Brexit and the uncertainty attached to the new extradition regime.

Saoradh said the extradition case “should be thrown out” by the 26 County state “and continuing refusals to do so only indicate the subservient nature of its operation” with regard to Britain.

“The very fact that the 26 County Supreme Court doubts the British commitment to the ECHR and upholding the articles contained therein, and their referral to the ECJ, ably demonstrates that the legal argument made on Seán’s behalf has merit and has been established,” said Saoradh.

“However the seven judges... lack the integrity or courage to come to the obvious conclusion that the extradition of Seán Walsh would be contrary to the laws they are appointed to uphold and in contravention of the ECHR to which the 26 County administration is a signatory.

“Rather than upset those who appointed them, and by extension Britain, by throwing out the application to extradite Seán Walsh - they have decided to pass the buck on to others to make the decision akin to modern day Pontius Pilates.

“Seán Walsh should not be extradited. Seán should be free, in his own country no less, to live his life free from the threat of being handed over to an MI5-directed regime in Maghaberry. He should be free to live his life free from the prospect of being handed over to Britain to face one of their single judge, non-jury courts.”

Lawyer Ciaran Mulholland, who represents Mr Walsh, welcomed the judgment.

“It is evidence that there are still live concerns regarding the legality of sentencing in the UK since Brexit,” he said.

“The hangover of Brexit continues to present serious challenges throughout the EU. This case will have immediate implications throughout all member states, involving extraditions to the UK for individuals sought that may be subject to the new sentencing regime there.”

Urgent Appeal