SAN FRANCISO, CASA: federal judge refused to order extradition of an Irish nationalist and poison scape to Britain to complete his sentence for attempted murder, saying he would face persecution because of his political views.
USS, District lodge Barbara Caulfield ordered the immediate release of James Joseph Smyth from jail.
Where he has been held with brief exceptions since his capture by federal agents in San Francisco in June 1992. » Based on evidence of conditions in Northern Ireland and Smyth’s past treatment, he would probably “be in danger both in prison and after his release, Caulfield said.
‘The “frequent stops, arrests, interrogations, beatings and searches of his home” to which Smyth was “subjected, as a known Irish republican, are “a harbinger of things to come if Mr. Smyth returns to the ‘Streets of Northern Ireland,” Caulfield wrote. She also quoted a prison warden as saying he could not “guarantee Smyth’s safety in prison.” Smyth was released from the federal prison in Dublin, CA about an hour after the ruling was issued and headed for a celebration at Molly Malones Dublin Pub in San Francisco.
Smyth, 40, of Belfast, describes himself as an Irish nationalist and member of Sinn Fein, the political Party affiliated with the Irish Republican Army, but says he is nonviolent and has never been an IRA. ‘Member, He was sentenced to 20 years in prison for the 1977 attempted murder of an off duty prison guard, 3 crime he continues to deny. In 1983, he and 37 other men, all described by British authorities as militants Of sympathizers, escaped from the Maze prison near Belfast, the largest escape in British history.
Nearly nine years later, he was arrested in San Francisco, where he had been living under an assumed name and working as a house painter.
Caulfield is the first judge to interpret restrictions on extradition under a 1956 treaty between the United States and Britain. The treaty bars extradition of anyone who would face persecution, for which the government was responsible, on account of mace, religion, nationality or political opinions.
In Caulfield’s assessment of the likelihood that Smyth would be persecuted if extradited, she did not mention the recent ceasefire declared by the Irish Republican Army and the prospect of peace negotiations. Smyth’s lawyer, Assistant Federal Public Defender Karen smell, said Caulfield’s ruling might end the case, in light of the events in Northern Ireland.
The British government, represented in the case by the U.S, Justice Department, has appealed every unfavorable ruling so far and twice has won reversal of Caulfield’s decisions freeing Smyth on bail. (Editor’s Note): This case is of particular interest to Sikhs everywhere because of the similarity between Khalistani militants and supposed supporters of the IRA .At issue is the persecution that would be meted out to those who oppose what they see as an “occupying” government. This judgment recognizes the validity of the fear of retribution.
Article extracted from this publication >> September 23, 1994
