The return of the so-called "Colombia Three" to this State and the manner in which it took place has raised serious legal issues for the Government and may damage its relations with Sinn Féin.
The sudden reappearance of Martin McCauley, James Monaghan and Niall Connolly in the aftermath of last week's IRA statement ending its military campaign and in advance of the decommissioning of weapons has all the appearance of those traditional republican tactics that push the boundaries of acceptability.
In a preliminary response to the development, the Government said it had no prior knowledge of their return and that the issue had not formed part of its recent discussions with Sinn Féin. The British government reacted in a similar fashion. And the Northern Ireland Office said if the men were found in that jurisdiction, they would be arrested and sent back to Colombia.
The reappearance of the men and the statement by Sinn Féin that they should now be allowed to get on with their lives has infuriated the unionist community, which was already smarting because of the demilitarisation initiatives being taken by the British government. Democratic Unionist Party deputy leader Peter Robinson said the men, who were convicted, should be sent back to Colombia. And he challenged the Government to say whether it was prepared to harbour terrorists.
Warrants for the arrest of the three men have already been issued by the Colombian authorities through Interpol. And while this State has no formal extradition treaty with Colombia, the Department of Justice has indicated that consideration will be given to any warrants.
Last December, the men were sentenced to 17 years in prison by the Bogota Supreme Tribunal after a "not guilty" verdict of training left-wing Farc guerrillas was overturned, following an appeal by the Colombian attorney general. They were out on bail and, when the verdict was announced, they had already fled the jurisdiction. During the initial trial, they had protested their innocence but refused to give evidence about their presence in the country. They were found guilty of travelling on forged passports.
It is a difficult situation for the Government. And it has been made more complex by the IRA's recent promise to embrace purely democratic and political means. However, the law should not become elastic in its application. There may be an understandable reluctance to return the men to Colombia because of the political situation there; their identification with Farc and resultant concerns that their lives may be in danger. But, having recruited the Taoiseach and the Government to their cause as "honest brokers" during the judicial hearings in Colombia, they cannot walk away from their own responsibilities. They travelled on false passports in 2001. And they almost certainly broke the law re-entering this State. The Garda should investigate. And the IRA should proceed immediately with decommissioning.