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Feature: Analysis: Bring Them Home
(RM List*)

By Caitriona Ruane
Spokeswoman, Bring Them Home campaign

On October 16 lawyers for the three Irishmen were told by Judge Acosta that their trial on charges of training Farc guerrillas would begin on December 2. He asked both the defence and prosecution if they had their witnesses ready to appear and both sides agreed that they had.

There were four defence witnesses for this stage of the trial: three from Ireland and one from Mexico. They, along with a delegation of observers, including parliamentarians and lawyers from the USA, Australia and Ireland, travelled to Colombia.

On Monday morning we arrived at the court ready to hear the prosecution witnesses. Our delegation included Irish parliamentarians Finian McGrath TD, Sean Crowe TD and Senator

Mary White, Irish lawyers Pat Daly and Ronan McGrath, US lawyers Cody McCone, Frank Durkan and Shaun Kerrigan. None of the witnesses were available. Eventually there had to be a recess and the prosecutor was asked to present his witness at 2pm. The witness was a major from military intelligence and was in the opinion of most people (journalists and observers) thoroughly demolished and discredited under cross-examination.

We arrived on Tuesday at the court and we were expecting to hear from two other prosecution witnesses whose appearance and alleged importance has for months been flagged up by the Colombian authorities and sections of the media. When we went to the court we learnt that they were not to appear.

The prosecutor read out a letter from one of the witnesses (who is allegedly in prison custody) stating that he was afraid to travel by road but was prepared to travel by air transport. This had not been arranged by the prosecution, despite having advance notice.

Regarding the second witness, the prosecution said that he was in a witness protection programme but that they did not know where he was or how to contact him. The judge adjourned the case until February 5.

The Bring Them Home campaign, which is made up of family members and human rights workers, put enormous effort into getting this delegation and our witnesses here for the trial. Fundraising and information events were organised all over Ireland, because this is a very costly exercise.

Two recent fundraising events included a concert in Co Louth, which over 1,000 people attended, and an information event in Liberty Hall, Dublin, four days before the delegation was to travel.

We managed to travel 5,000 miles yet the Colombian prosecution could not even ensure that their state witnesses could get to the court. It was an absolute farce and showed the world what we had been saying since our first visit here in September 2001. In effect, what happened is that the prosecution case collapsed. Had this happened in court in Europe or North America this case would have been dismissed and the men would have been deported on the minor charge of travelling on false passports. What happened confirms our opinion that the men cannot receive a fair trial and that the Colombian authorities are determined to convict them by hook or by crook.

Despite the fact that there is no evidence against them, Niall, Jim and Martin will spend another Christmas in jail in one of the most notorious jails in Colombia. And that is not acceptable. They are in a communal cell with 40 left-wing prisoners and are surrounded by more than 3,000 right-wing paramilitaries.

They have to pay for and cook their own food. In Colombian jails you do not eat if you have no money. The prisoners on the wing take it in turns to keep watch in case the paramilitaries come into their area. They have no exercise yard and have not had any fresh air since they were moved there in mid-October.

Given all that, they are in amazingly good spirits and I had three visits with them. The delegation met with the vice-minister for justice, the vice-minister for foreign affairs, the Red Cross, the United Nations and the ombudsman's office. We also met with the judge, the prosecutor and the procuraduria.

The role of international observers was crucial and obviously had an effect. There was a very strong feeling in the court among journalists and observers that Colombian justice is on trial here in front of the world's media and failing miserably.

Given the cavalier attitude of the Colombian authorities and the widespread conviction that there is no case against the three men, we are now calling upon the Irish government to immediately intervene with the Colombian government and call for the men's release.

The Bring Them Home campaign will continue to work for the men's release - we will leave no stone unturned to bring Jim Monaghan, Martin McCauley and Niall Connolly to their families.

*©  RM Distribution.  Articles may be reprinted with credit to RM Distribution.