IRISH FM UNAWARE OF EXTRADITION DIFFICULTIES

C O N F I D E N T I A L DUBLIN 001068

SIPDIS

E.O. 12958: DECL: 10/27/2014
TAGS: PREL PGOV PTER KCRM KJUS CO EI
SUBJECT: IRISH FM UNAWARE OF EXTRADITION DIFFICULTIES

REF: DUBLIN 1050

Classified By: DCM JONATHAN BENTON, FOR REASONS 1.4 (B),(D)


1. (C) Ambassador, DCM and poloff called on Irish Foreign
Minister Dermot Ahern August 30 to further advance bilateral
judicial cooperation. These issues were discussed during
Senator Lugar's visit (reftel) and that of a DOJ team
(septel). FM Ahern had asked for more information.


2. (C) FM Ahern, accompanied by Irish DFA Secretary General
Dermot Gallagher, said that he is worried about the
perceptions of how Ireland is handling extradition cases. He
added that Ireland has always had difficult approving
extradition requests to many countries, but expressed
surprise at learning only recently that there were
difficulties with the USG on this matter. He noted that, in
general, the main opposition to extradition to the US comes
from defendants, but admitted that Irish courts are also part
of the problem. He relayed complaints from Irish government
officials that the Irish judiciary is notorious for
legislating from the courts on a variety of issues, including
extradition. He agreed with the ambassador on the need to
establish a precedent of a successful contested extradition
and promised to meet with the Irish Attorney General, who
should be receptive to better cooperation with the US DOJ.


3. (C) We explained to Ahern that we understood that the
root of the problem was the judiciary's activist
interpretation of Irish law, but noted that the practice of
essentially re-trying every case under Irish rules went
beyond normal practice among countries that adhere to the
rule of law. We suggested that the Irish government's
interest in protecting its people and those of other
countries from dangerous criminals should be a factor. We
added that the lack of progress on the extradition cases,
coupled with the "Colombia Three" case in which three
IRA-connected persons convicted in Colombia of helping the
FARC will probably not be extradited, could leave a
widespread and unhelpful impression in the U.S. and
internationally that Ireland has become a haven for criminals
and terrorists.


4. (C) Comment. The problem of extradition stands out in
contrast to generally good cooperation we have with the Irish
across the board, including in counterterrorism,
transnational crime and other global issues, and bilaterally.
The Irish Department of Justice has been engaged in this
dialogue recently, and this was our chance to put it on the
scope of the Foreign Minister. The problem for U.S. law
enforcement remains a judicial philosophy on extraditions
here that will make nearly every potential bilateral
extradition case a very tough sell, and extradition of
criminals or terrorists to third countries with less than
stellar rule of law records nearly impossible.
KENNY