Support Repatriation of Noel Maguire Irish Political Prisoner

by Dearbhla Mon Jan 14, 2008 12:37

So he's not in the Real IRA then?

by Al Mon Jan 14, 2008 20:10

If the jails there were cosier I bet he would not be looking to move home but anyway if you dont want to serve time in a foreign jail then dont commit a crime in that country to begin with.

Its really quite simple.

by Sceptic Mon Jan 14, 2008 20:31

“BRITISH IRISH RIGHTS WATCH COMMITTEE ON THE ADMINISTRATION OF JUSTICE IRISH COMMISSION FOR PRISONERS OVERSEAS”
It is worth asking what is the substance behind this rather grandly titled body?

The possession of an Irish passport does not confer a right to imprisonment in the ROI. There is no “right” to repatriation. It is a concession agreed bilaterally between the two jurisdictions concerned. This person would have a better chance on an intra UK transfer back to Northern Ireland. Since that is where he is from in the first place that should be an alleviation of his situation.

Any involvement in terror type activities in the UK mainland carries heavy penalties. These people do not mess about. And there is no longer any sympathy in the US for this type of thing in whatever cause. The lesson is clear to any young person affiliated with a dissident republican group. Keep away from them and don’t let them talk you into going “operating” in Britain. Chances are, at best, you will spend the best years of your life in a dismal jail. For what?

by Jacqueline Fallon Mon Jan 14, 2008 22:48

I would like to know the reasons given for the denial of his repatriation application by the Dept. of ‘Justice‘, ’Equality’ & Law Reform, as both his co-accused Aiden Hulme and Robert Hulme were both repatriated back to Ireland - although Aiden Hulme had to go on hunger strike in order to get his application heard and noticed. Does every Irish Political Prisoner have to resort still to hunger strike and putting their health in jeopardy in order to get his case heard!

Under Irish and European law, Noel Maguire is entitled to apply for repatriation to the Department of Justice, Equality & Law Reform at any time - I refer you to The Council of Europe Convention on the Transfer of Sentenced Persons (otherwise known as the “Strasbourg Convention”), which was ratified by Ireland following the passing of the Transfer of Sentenced Persons Act, 1995. This Act provides the legal basis for the operation of the Convention between Ireland and other parties to the Convention (of which Britain is one of 50 States around the world to have signed the Convention).

There is no doubt about it, Noel Maguire is in an unenviable and dangerous situation, the only remaining Irish political prisoner in a British prison and already a survivor of a near death brutal knife attack.

I believe for humanitarian reasons and, in particular, to ease the distress caused to his wife and two children, he should be sent back to Ireland to serve his sentence in Portlaoise Gaol where his family can visit him.

Please see: Flood, ‘Report on Irish Prisoners Abroad’ (2007).
http://foreignaffairs.gov.ie/uploads/documents/Publicat...d.pdf

by Sceptic Tue Jan 15, 2008 20:40

Let us be clear – if this man is not in fact in political prisoner he should not be described as one. This just weakens the credibility of those advocating repatriation. Broadly speaking, under the European Convention of Human Rights, a political prisoner is someone who is in prison for his beliefs. This does not appear to be the case here.

If it is also your argument that his conviction is unsafe because of the “flimsy evidence” this should be pursued through the appropriate appellate channels in the UK in the first instance. If you are not pressing this argument you should also not entwine it with your campaign for repatriation.

It is futile to be trying to arrange an American write-in campaign to various regional consulates and diplomatic in the US. Only very influential Americans indeed would be listened to in Dublin in a case of this kind and of those there is only a handful and they will not be easily swayed to take an interest in this case.

If a repatriation application has already been denied were reasons given or has anyone asked the Department for the reasons? Surely that is the starting point. And if the reasons have been given they should be shared with those from whom you are seeking public support for a campaign to reverse the decision with a statement as to why you disagree with them.

If the terror group to which this man is associated is still active there will be little chance of any concessions. A permanent end to such activity is what is needed in order to get concessions from the authorities. It would be better to redirect your energies to that end and then begin a campaign, after a decent interval. It would also help if the prisoner in question repudiated any association with a subversive group.

Finally there is no such thing as a 26 county passport – only an Irish ones.

by Jacqueline Fallon Tue Jan 15, 2008 23:32

Again, I do not understand why the Department of ‘Justice’, ‘Equality’ and Law Reform, would deny Noel Maguire’s application for repatriation, but yet agree to the repatriation of his entire fellow accused. It would appear that the Department of Justice is breaking its own law and that of Europe and the Department of Justice should be held to account for this and brought to justice - please see extract below. I will be writing a letter seeking reasons and just answers (although, I will not be holding my breath for a just reply or, indeed, any reply!).

I agree that it is a waste of time writing to American offices, why involve them, they cannot do anything for Noel Maguire. This repatriation application only involves Ireland and Britain, writing to offices in any other country other than those two is a complete waste of fucking time. People with political influence in America have zero interest in this case (unless Noel has valuable information on the location of oil reserves, is that it?).

Extract from Transfer of Sentenced Persons Act, 1995:

“10.—(1) In deciding whether or not to grant an application under section 4 (1) of this Act or to consent to an application under subsection (1) or (2) of section 6 of this Act the Minister shall not, without good reason, discriminate between applicants on the grounds of gender, marital or parental status, racial origin, age, political opinions or religious or other beliefs, health or sexual life, taking into account the operational requirements of the prison service and the welfare of the applicant.

(2) Where the Minister decides not to grant an application under section 4 (1) of this Act or consent to an application under subsection (1) or (2) of section 6 of this Act, the Minister shall notify the applicant or the requesting state, as the case may be, of such decision and such notification shall, where practicable and where the interests of justice do not preclude so doing, include a statement specifying the grounds for such decision.”

Relevant link to Irish legislation: Transfer of Sentenced Persons Act, 1995 in full:
http://http://www.irishstatutebook.ie/1995/en/act/pub/0016/ind....html

Sceptic’s peril of wisdom:

“The possession of an Irish passport does not confer a right to imprisonment in the ROI.” - good quote from a ‘black’ comedian.

by Sceptic Wed Jan 16, 2008 22:03

I think you mean a pearl of wisdom not a peril but the logic was not mine. It is the advocates for this campaign who have made this man’s possession of an Irish passport a pillar of their case for repatriation. The point I made was a valid one therefore. Mind you someone who uses his or her right to a passport to travel and engage in subversion against a friendly State forfeits much goodwill from the issuing Government. To reiterate again – there is no right to repatriation and the Department of Justice is breaking no Irish or domestic law in not repatriating – contrary to your text.

The wider lessons of this case is for those who follow RSF and the 32 County Sovereignty Committee as well as the new SF breakaway group. This is where your extremism leads. Time to pack it in folks and stop taunting those who have given up violence. You are political fossils, albeit dangerous ones. Bourbon style you seem to have leaned nothing and forgotten nothing.

by Jacqueline Fallon Sun Jan 20, 2008 14:49

Chuig: Sceptic,

I understand that no Irish citizen imprisoned abroad has a right to repatriation, but everyone has a right to apply for repatriation to the Minister for Justice, ‘Equality’ & Law Reform and to have their application treated in a fair and equal manner. In my personal opinion, it is the issue of ‘inequality’ that raises its ugly head for me for the following reason:

All Noel Maguire’s fellow accused were repatriated and because of this, I cannot comprehend why Noel Maguire was singled out for adverse treatment and treated so unfairly. It is the ‘inequality’ of treatment that Noel Maguire has suffered that I find unjust, and I believe the Justice Department has acted unjustly in not entertaining his repatriation application whilst granting it to his entire co-accused. I would, indeed, query if the Department of Justice, ‘Equality’ and Law Reform understand the meaning of that most admirable word it includes in its grandiose title ‘Equality’?

In my personal opinion, the Department of Justice, ‘Equality’ & Law Reform should treat every Irish citizen in a fair and equal manner when hearing such repatriation applications, and I believe it has failed to do so here. I believe also that it has broken its own law, the law of equality, and shown total disregard for the endangered life of a fellow Irish citizen imprisoned in England.

England, which contrary to your misguided view, in reality, is certainly not a friendly country, considering it has shown nothing but utter contempt for the safety of Irish citizens imprisoned in its jails down through the ages and continues to fail to protect today the life of Irish citizen, Noel Maguire (Noel should seek damages for his injuries, suffered whilst in the callous ‘care’ of H. M.’s prison).

I have sent a letter to the Minister for Justice, ‘Equality’ & Law Reform in the hope that he will review Noel Maguire’s repatriation and look favourably on it - I hope others will do likewise.

N.b. I am deeply offended by your suggestion that I am an ‘Extremist’ - that is far from the truth and I am deeply offended by your use of this term, which certainly does not in any way reflect or describe me, a fair and reasonable, well balanced person!

p.s. I meant ‘pearl’ - ‘peril’ was a typographical error and a Freudian slip (being pertinent to this matter).

by Sceptic Mon Jan 21, 2008 22:15

I assumed you support RSF or whichever faction this man is affiliated to. If you are not an extremist you would see that what is at the centre of this case is terrorism and that this is a very serious matter indeed – much more serious than pre “War on Terror”. Whether this man received equal treatment does not depend on equality of outcome. Presumably the merits of his case were different from that of the others. This is not breaking any law of equality as you put it. Moreover the authorities may have decided the prisoner had no strong prior with the ROI. Thus a transfer to NI might be easier to arrange. But the primary responsibility for this whole situation lies with those who sent this man to Britain in the first place – the unknown godfathers. The prisoner is a symptom – the underlying cause is irredentist militant nationalism. Effort should be directed at the cause too, not just the symptom. Otherwise there will be more cases.

by DAN Tue Jan 22, 2008 01:02

Thank God these sociopaths were caught before they killed anyone.

Fingerprints

"Maguire's fingerprints were found on bank notes used to buy a taxi cab in which the White City bomb exploded.

The three who had denied the charges were also associated with the two self-confessed conspirators, Hannan and McCormack.

During the 10-week trial, the jury heard lengthy and complex mobile telephone evidence which showed links between the defendants and the explosions.

John Hannan and James McCormack
Hannan and McCormack admitted their part in the bombings
The plotters were discovered during an undercover Customs and Excise investigation into a fuel tax fiddle when equipment for a car bomb was found in a remote Yorkshire farmhouse.

Then a pensioner in north London recognised one of the men from an E-fit released after the Ealing bombing.

The jury heard how Aiden Hulme had been sent several text messages from Ireland on the day after the Ealing blast.

One said: "Up the Provos!" and was accompanied by an image of fizzing sticks of dynamite."

by Jacqueline Fallon Tue Jan 22, 2008 21:26

Sceptic,

I am neither a follower nor supporter of the ‘Real IRA’ the Irish military organisation referred to in the trial of Noel Maguire. My position is as follows:

To clarify, I do not support any military action in either England or Ireland that could potentially result in the indiscriminate mutilating and killing of innocent members of the general public. It is my belief that there is no advantage to the Irish cause in the mutilating and killing of innocent people en masse with no political powers or even political views. Irish independence will never be achieved by the slaughter of innocents with no political connections to the British Imperialist Establishment or its military élite in occupied Ireland.

I stress that I have no connection with any of the people named in the original trial or appeals and my sole aim here is to help in securing support for the repatriation of Noel Maguire solely for humanitarian reasons - his life is in grave danger after all if he stays in an English jail - and also, more particularly, to alleviate any further emotional/financial hardship suffered by his wife and two children.

I have received email confirmation from the Department that my letter has been passed to the Minister for Justice, Mr. Brian Lenihan. I hope my letter has not been 'receiving attention'/'filed' in the bruscar, what an outrage that would be! God, if only I were a fly on the wall/or bin’ in the office of the Minister.

Sin a bhfuil. Slán anois.

by Jacqueline Fallon Fri Jul 04, 2008 23:29

I was disappointed to learn recently that the Department of Justice, "Equality" & Law Reform have yet again refused Noel Maguire's repatriation, despite the fact that this Irishman’s life remains in grave danger by being left in an English prison.

I am astounded to learn that the reason given by the Department of "Justice" was:

“Noel Maguire's links to Ireland are not strong enough to support his case.”

Is it the "Department of Justice's" true position that those who are born or live in the six counties are not to be regarded as having any links to Ireland at all? It seems the Department of “Justice” will issue plastic Irish passports to people living in the six counties but, in reality, will never regard them as being Irish citizens but rather people with insufficient links to Ireland! If that is the Department’s position then they should apply this rule to all equally, regardless of status - and sack the current “President of Ireland” as her links to Ireland are not strong enough to support her case for office!

I have no doubt at all that the campaign will go on until resolved and that some day Noel Maguire will return home to serve the remainder of his sentence at home in Ireland with all his co-accused who have all been repatriated to Portlaoise Prison.

p.s. Someone should tell the ‘Department of Justice’ that the whole island of Ireland consists of 32 counties and its surrounding islands and not treat those from the six counties as people with insufficient links to Ireland!!

by Michael Holden Mon Nov 24, 2008 12:36 politicalstatus at aol dot com

Noel Maguire is no longer a member of the Real IRA (the people who sent him to England) They abandoned him years ago. Unlike the others neither he (or his family) receive the 'stipend' given
to republican prisoners each month to help with finances. They have never supported his repatriation campaign.
He was born in County Fermanagh (claimed by Britain as part of the United Kingdom). but
chose - as was his right - to take out Irish citizenship. His passport was issued in 1999 in
Dublin and is still valid. It is therefore a 'Free State/26 County passport. He could have taken out duel
nationality and remain an Irish as well as a British citizen, but chose to be an Irish citizen - nothing
more, nothing less.
He has been refused repatriation five times to date - based on the lie that he has (quote) "closer ties to the United Kingdom than to an Irish jurisdiction." (end of quote). Bearing in mind his wife, son and daughter lives in Co. Carlow in the 26 Counties one has to wonder how the Ministry of Justice arrived at that conclusion! That's one of the questions posed by Noel to Dermot Ahern - to which so far he has not received a reply.
Because he is isolated he was attacked by two BNP inmates and received knife wounds to his
hands and arms and hospitalised. Those responsible were later charged with attempted murder and sentenced for that crime. He was moved to another prison for his own safety two months ago.
Noel Maguire is not asking for anything more than he is entitled to - repatriation to a prison in Ireland
where he can be visited by his immediate family - and it doesn't have to be Portlaoise prison.
Portlaoise is mentioned because it is less than an hours journey from where his family live in Carlow - but any prison in the 26 Counties is also acceptable. He would still have to serve the remainder of his sentence as if he was still in Britain - but with less remission long-term.
As a prisoner in Britain he would receive 30% remission. In the 26 Counties he'd receive merely
20%. Nevertheless he'd prefer to be where he can see and have visits from his family

by Sceptic Wed Nov 26, 2008 19:34

“IT IS THEREFORE A 'FREE STATE/26 COUNTY PASSPORT.”

It is not a “26 county “or Free State passport as is clearly evidenced by the fact that these are freely available to residents of Northern Ireland. The Irish nation as defined by the constitution is not confined to the actual jurisdiction of the Irish state.

This mindset reveals extremist northern ambivalence about the south. You impute rights to passport holders and duties on the part of Irish Government authorities in relation to Irish passport holders but there is no loyalty or respect for the State that issued the passport - just the contemptuous and loaded terms 26 county and Free State as well as no respect for its laws or its democratic organs. What about any responsibilities or fidelity on the part of the Irish passport holders? Or is the passport something to be waved about with great talk of “rights” when the physical force republicans get imprisoned abroad on terror related charges. Activities which would be subversive inside Ireland or outside it.