Man who supplied weapons to IRA will be extradited to Lithuania, raises jurisdiction issues

Discussion in 'Law & Justice' started by kazenatsu, May 9, 2022.

  1. kazenatsu

    kazenatsu Well-Known Member Past Donor

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    This man in question is probably guilty, but his extradition raises some serious jurisdictional questions within the European Union.

    Liam Campbell allegedly smuggled weapons from Lithuania into Northern Ireland for the IRA, a group carrying out acts of terrorism supposedly trying to fight for the right of (landless) Catholics to vote in Northern Ireland. (also of interest: Sein Fein, the political Party once associated with the IRA, now holds the majority of seats in government)
    Campbell was earlier found in a civil court case liable for the Omagh bombing, since it was presumed that supplies he gave to the IRA ended up being used in the act of terrorism. In 2009, a judge in Northern Ireland found Campbell (along with another man) liable for the bombing. The relatives of the victims were awarded £1.6m in damages. No one has ever been convicted of the actual murder in that incident.

    Campbell was living in Ireland, a country with a different government from Northern Ireland. Ireland had some sympathy for the fight the IRA was waging in Northern Ireland, so the courts there were probably more reluctant to extradite him. However, the integration of Ireland and Northern Ireland (as part of the United Kingdom of Great Britain and Ireland) into the European Union further altered the situation.

    In December 2016 Campbell was arrested in Ireland on a European arrest warrant issued by Lithuania. He has fought a legal battle lasting more than 12 years trying to avoid extradition to Lithuania.

    The extradition request made by Lithuania alleges three criminal offences: "preparation of a crime, illegal possession of firearms and terrorism". (The maximum sentence for the offence of terrorism is 20 years)

    The warrant alleges that Campbell "made arrangements, while acting in an organised terrorist group, the Real Irish Republican Army to acquire a substantial number of firearms and explosives from Lithuania and smuggle them into Ireland".

    All this might be perfectly reasonable if the extradition request was coming from the government of Northern Ireland. (Which might be unlikely to happen now since Sein Fein is in control of the government in Northern Ireland) But the question is, is it really fair and appropriate for the courts in Lithuania to be given jurisdiction over this?

    Campbell had previously spent four years in custody in Northern Ireland during a second attempt to extradite him, but was released when he succeeded in his objection that to do so would be a breach of his rights.

    But the Irish Supreme Court (in Ireland) has now ruled against Campbell and decided that he should be extradited to Lithuania.

    Liam Campbell: Omagh suspect to be extradited over Real IRA weapons - BBC News

    This is once again an example of the unfair jurisdiction issues raised by the controversial use of the European Arrest Warrant.

    Due to the political and cultural situation, the prison sentence is likely to be far higher in Lithuania than it is from either an Ireland or Northern Ireland court. (This is due to legal and societal feelings about level of punishment, sympathies from both current governments, and a feeling of trying to bring closure, reconciliation and resolution to the former conflict, trying to heal old wounds and give amnesty to past offenses, with the conflict now over)

    It is technically true that Campbell may have committed a crime in Lithuania by obtaining the weapons there. But he will be facing criminal charges and punishment in Lithuania for a crime that actually happened in Northern Ireland. The laws in place in Lithuania can be interpreted that way.
     
    Last edited: May 9, 2022

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