A demonstration is to be held next Saturday to stop the extradition of Cork Republican Sean Walsh and to call for an immediate end to the extradition of all Irish Republicans.
In 2020, Mr Walsh (pictured) was alleged to have been recorded in an MI5 ‘sting’ operation in Tyrone in a bid to entrap hardline republicans.
The European Court of Justice based in Luxembourg is to rule early next month on whether Mr Walsh can be extradited from the 26 Counties to face trial in the North.
His lawyers are arguing that his extradition would be in breach of his human rights. Due to Brexit, the case may also impact Britain’s efforts to extradite other Irish people from the 26 Counties and from other EU countries.
Mr Walsh is currently being held on remand in the republican block of Portlaoise prison. His case was initially heard by the Supreme Court in Dublin and he appeared previously before the European Court of Justice back in June.
The case has now been referred back to the Luxembourg court. The EU Court of Justice has been asked to consider the proportionality of new British sentencing laws since Brexit. It is the first time since Britain left the European Union that the court has been asked to examine how Britain treats Irish republicans.
Mr Walsh’s defence has argued that his imprisonment would violate Article 49 of the EU Charter of Fundamental Rights.
His lawyer, Ciaran Mulholland said it was a highly complex case given the implications of Brexit and the need to determine whether Britain’s “counter-terrorism” legislation is compatible with the EU legal system.
“It is my strong view that the UK Government made itself abundantly clear with multiple announcements and in their Queen’s Speech at the time, when it openly stated the changes to their statute books was to ensure ‘the most serious offenders serve more time in prison’,” he said.
“It is therefore disingenuous for the UK Government to submit that there are no changes that would render a sentence under their new terrorism legislation any harsher, where in reality defendants no longer have the equivalent remission and longer periods on draconian licensing conditions.”
In a statement, Brian Kenna, spokesperson for the Irish Republican Prisoners Welfare Association, described the arrests of republicans in so-called ‘Operation Arbacia’ as a fraud.
He said: “Is iad na príomh argóintí i gcoinne eiseachadadh Seán Walsh ná go mbeadh a chearta daonna i mbaol má bhogtar é go Maigh gCabraí, go háirithe scoiteacht óna chomrádaithe eile agus lomchuardaigh. De réir dlí na hEorpa (Coinbhinsiún Eorpaigh ar Chearta Daonna) is céasadh é seo agus ba chóir go mbeadh an cás caite amach go thuile is go hiomlán.”
[The main arguments against the extradition of Seán Walsh are that his human rights would be at risk if he were moved to Maghaberry, in particular isolation from his fellow prisoners and strip searches. According to European law (European Convention on Human Rights) this constitutes torture and the case should be thrown out completely.]
“Níor chóir go mbeadh Seán eiseachadadh. Ba cheart go mbeadh sé in ann a shaol a mhaireachtáil saor ó MI5 atá i gceannas ar Mhaigh gCabraí, ba cheart go mbeadh sé saor ón gcúirt neamh-giúiré Sasanach. Is ceist cearta daonna é ceist Seán Walsh agus ba chóir go mbeadh gach Poblachtánach ag labhairt amach i gcoinne naimhdeas MI5 agus naimhdeas na Breataine i gcoinne Poblachtánaigh”.
[Seán’s extradition would be unjust. He should be able to live his life free from MI5 who control Maghaberry, he should be free from the British non-jury courts. The Seán Walsh issue is a human rights issue and every Republican should be speaking out against the hostility of MI5 and the hostililty of Britain towards Republicans”.
Last week a Dublin court ordered the return of a former Provisional IRA prisoner, Martin McCauley, to the North after the ‘Kenova’ police legacy investigation team recommended a prosecution against him.
In November 1982, Mr McCauley was shot and injured in an RUC police shoot-to-kill operation during which his friend, 17-year-old Michael Tighe, was shot dead.
The RUC later claimed the teenagers were armed. However, it was subsequently confirmed that that both he and Mr Tighe were unarmed and that no warning was shouted to them.
It later emerged MI5 had planted a listening device inside the hayshed and that the killing of Mr Tighe had been recorded. The existence of the recording was not made available at Mr McCauley’s trial and it is now known that both the RUC and MI5 destroyed copies.
Mr McCauley was convicted of the possession of three rifles and given a two-year sentence, suspended for three years.
In 2014, Mr McCauley’s conviction was quashed by the Court of Appeal.
Lawyer Fearghál Shiels, of Madden and Finucane, said his client believes the British plan to send him back to South America.
“Mr McCauley is impelled to the view that had he not pursued and won his appeal against his conviction for possessing firearms and exposed the egregious and disgraceful conduct of the RUC and Security Services that this prosecution would not have arisen,” he said.
“It is both ironic and concerning that Mr McCauley is the only person to be prosecuted arising from the Operation Kenova series of investigations which reportedly cost the public purse £40m and which was established initially to investigate alleged failures by the RUC to properly investigate as many as 18 murders in order to protect a high ranking double agent in the pay of the British Army.”
The anti-extradition protest is due to take place in the square in Nenagh, Co. Tipperary at 1.30pm on Saturday 8th February.