Campaigners for three Irishmen imprisoned in Bogota urged the Colombian Attorney General's office yesterday to withdraw its appeal against the court decision in the case.
Following a protracted trial, a Colombian judge ruled on April 26th this year that James Monaghan (58), Martin McCauley (41) and Niall Connolly (38) were not guilty of training FARC rebels in bomb-making techniques but convicted them of using false passports.
Ms Caitríona Ruane of the Bring Them Home Campaign said yesterday that in a meeting with officials from the Attorney General's office they had urged them to consider dropping the appeal or alternatively to support the proposal that the men be allowed return to Ireland while the appeal was being heard.
"We want the Irish Government to continue high-level representations with the Colombians," said Ms Ruane, who is a Sinn Féin MLA for South Down. She is part of a delegation which includes another Sinn Féin MLA, Mr Gerry Kelly, as well as US, Australian and Irish legal observers.
It is understood diplomatic contacts between the Government and the Colombian authorities are continuing at different levels and through various channels. It was noted that Colombia's Vice-President Santos stressed the autonomy of the judiciary when he made it known that his government would have no objection to the three Irishmen being allowed home.
Observers saw the original verdict in the case by Judge Jairo Acosta as a dramatic example of judicial independence in a country that is not noted for strict separation of powers.
Likewise it now appears that the Colombian government is taking particular care not to be seen to be putting pressure on the judiciary to arrive at the politically convenient decision to allow the men to leave the country.
The appeal process in Colombia is complex and can take as long as a year. The conditions under which the three men could return home are somewhat unclear, but it appears that they could be asked to return to Colombia to hear the ruling from the appeal court or tribunal.
The Taoiseach, Mr Ahern, suggested allowing the men return home when he met Colombia's President Alvaro Uribe at the EU-Latin American summit in Mexico last month.
Another option he put forward was to expedite the appeal, which would imply appointing a special judge or court officer to assess the verdict. This would serve to bypass the existing appeals procedure, as there are reported to be as many as 80 cases awaiting a ruling ahead of the Irish one.
Another issue in the affair is the fact that Judge Acosta ruled that two prosecution witnesses be investigated for perjury. This may have placed further pressure on the Attorney General to lodge an appeal against the verdict since he would have responsibility for these witnesses, both of them alleged to be deserters from the FARC rebel army.
The case had profound implications for the Northern Ireland peace process and helped precipitate the suspension of the Assembly, but this decision may now be open to question since the three men have been acquitted on the main charge of training the FARC rebels.