Shankill bomber Seán Kelly claims he is unable to apply to be released from prison because he does not know why he was sent back there last month. Kelly, given nine life sentences for the 1993 IRA bombing, was freed on licence in 2000 under the Belfast Agreement.
Northern Secretary Peter Hain ordered his rearrest on June 18th, the day after violence in Ardoyne at a controversial Orange march, and he was returned to Maghaberry prison.
Under the terms of the agreement, prisoners who were granted early release but were subsequently rearrested must apply to the Sentence Review Commissioners to challenge their detention.
The Northern Ireland Office has claimed that Kelly has broken the terms of his licence, and denies that the rearrest was in any way politically motivated.
This means he stands accused of supporting a specified organisation, becoming re-engaged with terrorism or becoming a danger to the public.
Kevin Winters, Kelly's solicitor, said yesterday he required clarification of the specific grounds on which his client was rearrested.
He said he had written to the NIO, the Northern Secretary, the PSNI and the Sentence Review Commissioners, and that they had all replied. "But we still haven't got the substantive reasons." Despite this he is preparing an application, and said he hoped it would be heard within a few months.
The case has become politically explosive. Sinn Féin has described Kelly's detention as "internment". Party chairman Mitchel McLaughlin said Kelly was "a champion of the peace process".
The DUP said he should never have been released. North Belfast MP Nigel Dodds said Kelly must remain in prison.
In Dublin, the Government, waiting for a long-anticipated IRA statement, has "conveyed Sinn Féin's concerns" to the British government and is clearly worried about the implications for the peace process.
Ardoyne priest Fr Aidan Troy, who believes Kelly is innocent, said last night he was shocked by the unionist reaction to his comments. "It has been pretty awful the abuse I've been subjected to. My concern is for justice," he said. Security sources claim there is evidence Kelly has become involved in IRA activities in north Belfast since his release.