Alleged dissident republican resisting extradition to UK on basis of British actions on NI protocol

An alleged member of a dissident republican paramilitary group is fighting his extradition to the UK on the basis that the British government cannot be trusted in light of its actions regarding the Northern Ireland protocol.

Seán Walsh (56) is wanted in Northern Ireland to face charges of IRA membership stemming from a police surveillance operation on a meeting of senior paramilitaries in Omagh, Co Tyrone, in July 2020.

In resisting the extradition request, Mr Walsh’s legal team has submitted to the High Court that the UK’s recent actions regarding the post-Brexit agreement may pose a risk to their client’s human rights. Concerns have also been raised about the UK government’s intention to restrict the power of the European Court of Human Rights (ECHR) following a decision by that court to prevent the relocation of asylum seekers from Britain to Rwanda.

The Irish Minister for Justice has said Mr Walsh’s rights would be respected by the British authorities on his extradition and that any rulings from the ECHR would be observed. But Mr Walsh’s lawyers argue that recent events in the UK give rise to concerns that there is a real risk the authorities will not respect their legal commitments.

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Ronan Munro SCsubmitted that the European Commission announced on June 15th that it is bringing infringement proceedings against the UK government over its disregarding of certain sections of the protocol, which governs checks on goods travelling to and from the North.

The submission cites European Commission vice-president Maroš Šefčovič, who has criticised the UK’s actions and said “violating international agreements is not acceptable”. The defence also referred to comments by the president of the Law Society in England, who said the British government’s moves could bring into question Britain’s “honour and trustworthiness as an international partner” and diminish the ability of people to enforce their rights there.

Mr Walsh’s lawyers submitted that the infringement proceedings are the latest development in a climate of hostility towards EU oversight. They said the UK government has indicated it will try to restrict the ability of the ECHR to impose interim measures in the future, such as the ruling that grounded the flight to Rwanda.

Surveillance

His defence is objecting to extradition on several additional grounds, including that the accused’s legal consultations may be subject to surveillance if he is sent to Maghaberry Prison, Co Antrim. There have been a number of recent complaints alleging surveillance of meetings between defendants and their lawyers at the prison.

Mr Walsh, of Ballinlough, Douglas, Co Cork, faces four charges including that he was an IRA member, that he was involved in directing IRA activities and that he was involved in a conspiracy to direct a terrorist organisation.

Ms Justice Caroline Biggs adjourned the case to July 26th. Mr Walsh is in custody in Portlaoise Prison.