Republican ‘must be released’ as extradition case bounces again

There have been calls for the immediate release of Cork republican Seán Walsh on the back of a decision to refer his extradition case back to the European courts for a second time.

The PSNI is seeking Mr Walsh’s extradition to answer charges of IRA membership and he is currently being held at Portaloise Prison. Mr Walsh has been held for almost three years away from his family and loved ones.

His case, which he is being heard Supreme Court in Dublin, has now been referred to the Court of Justice of the European Union (CJEU) for the second time in recent months.

The CJEU, which is based in Luxembourg, ensures European law is interpreted and applied the same in every EU country.

A central issue hinges on whether changes to the British justice system’s prison release conditions constitute a retroactive increase in penalty.

In recent years there has been a shift from automatic release at 50 percent of time served to conditional release at 66 percent.

Mr Walsh’s legal team say it is anticipated that any CJEU hearing will also decide if recent British amendments to their legislation since Brexit are compatible with the spirit of the Trade and Cooperation Agreement.

The EU-UK Trade and Cooperation Agreement sets out “preferential arrangements” over a range of issues including “law enforcement and judicial cooperation in criminal matters”.

Mr Walsh’s lawyer Ciarán Mulholland, of Mulholland Law, said it was the second occasion in recent months the Irish Courts have sought clarification on a point of EU law from Luxembourg arising from a British extradition request of an Irish Citizen. He said the judgment “will in due course have significant implications through Europe”.

Supporters have argued that the legal ping-pong confirms that there is no legally binding agreement in place allowing for the extradition.

Saoradh said: The fact that if extradited Seán will find himself locked up in a British Gaol where his human rights will be removed on a daily basis shows that this case should never have been brought in the first place.

“On arrival Seán will immediately be the latest Irish Republican to face forced isolation and controlled movement.

“What we are witnessing here is not a legal case against Seán but a political case being pushed by MI5.

“Saoradh have shown time and again the influence that MI5 have over the Free State legal system. Only last week we showed an approach being made in the Free State by these British agents.

“While this collusion has always been in place, since [Garda police commisioner] Drew Harris took his place as the head of Free State policing we have seen it ramped up more than ever.

“Bail is granted in a wide range of cases in society and it looks like a manipulative and punitive approach is again being taken when it comes to Irish Republicans.

“Saoradh once again call for the immediate release of Seán Walsh and an end to the extradition of all Irish Republicans.”

Urgent Appeal