Update On The H-Block 4: Irish Political Prisoners In The U.S.
Arm The Spirit
Update On The H-Block 4: Irish Political Prisoners In The U.S.
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Jimmy Smyth's Last Stand
Exclusive: On the eve of his deportation, an Irish political
prisoner talks about the IRA, Britain, and the "troubles".
By Ron Curran
On July 1 longtime Irish freedom fighter (and 12-year San
Francisco resident) Jimmy Smyth was working with his girlfriend
to renovate the bar they planned to open this week in the shadow
of the Hall of Justice on Bryant Street. One day later Smyth sat
in federal prison in Pleasanton, locked up without bail and
awaiting extradition to the notorious British-controlled Maze
Prison in Belfast - where he faces a decidedly grimmer fate.
Smyth has been living in San Francisco since 1984, after he
and 37 other inmates whom British officials alleged were Irish
Republican Army members escaped from the maximum-security Maze
Prison. The 38 escapees claimed they had been framed and that
they feared for their lives as political prisoners in a jail
infamous for human rights abuses.
Smyth and three other escapees - Kevin Artt, Terence Kirby,
and Pol Brennan - became known internationally as the H-Block
Four. They settled here under new names, living underground until
their arrest about four years ago.
The 1992 arrests and pending extraditions came despite a
campaign promise by Bill Clinton that if he were elected, "there
will be no more Joe Dohertys". Clinton was referring to the
former IRA member who escaped from a Belfast prison and spent
nine years in U.S. prisons fighting extradition, until British
pressure on the Reagan and Bush administrations led to his
removal to Northern Ireland.
On June 24 the U.S. Supreme Court did the same to Smyth,
affirming a January 7 Ninth Circuit Court of Appeals ruling that
upheld the order for his extradition. A lower court had ruled
that returning Smyth would violate the U.S.-British Extradition
Treaty of 1986 (which bars deportation or return home if a
fugitive faced punishment based on "race, religion, nationality,
or political opinions") and the United Nations' Convention
Against Torture and Other Cruel, Inhuman or Degrading Treatment
or Punishment. That decision also released Smyth from prison in
1994, where he'd spent two years since his arrest.
While the extradition battle played out, Smyth remained free
on $1.5 million bail, and he spent his time quietly renovating
houses, tending bar, and building a new life. Now his bail has
been revoked, and unless Secretary of State Warren Christopher
declines to sign the extradition warrant, Smyth will be back in
the Maze before long. He fears that may be the equivalent of a
death sentence: British authorities aren't known to be friendly
to Irish activists, much less prison escapees.
The discouraging news for Smyth is that Christopher's boss,
President Clinton, is an ideological pragmatist who is facing re-
election at a time when peace talks between Britain and Northern
Ireland have broken down amid new bombings attributed to the IRA.
Smyth insists he has never committed a violent crime and
that he is innocent of the charges that put him in a prison in
1978. But he's never had a chance to prove himself: although he
served five years in the Maze before escaping, he has never had a
juried trial.
Even here, Smyth's visitation rights in prison are limited,
especially concerning interviews with the media, because of the
government's increasingly strict access guidelines. As an inmate
he can only phone a handful of numbers that have been registered
with prison authorities. So on Monday I took his call while
sitting in the clutter of the dropcloth-covered bar he had
planned to open this week. We spoke at length about the politics
and prejudices driving his case, his life underground in San
Francisco, what last-ditch efforts can be made to avoid
extradition, and the adversity - and peril - that awaits him if
the United States sends him back to Belfast.
Bay Guardian: It seemed like there might be some cause for
optimism in your case during the last year, especially with
Clinton in office. Were you hopeful before the latest ruling?
Jimmy Smyth: Yeah, but it didn't sneak up on me. I really was
expecting this all along. Going back four years ago, when
President Clinton made those promises to the community, if they
were to vote for him, that "there would be no more Joe Dohertys",
[there] was cause for some optimism. But I always had my guard up
in case anything like this happened.
BG: How much do you think election-year politics and the
breakdown in peace talks back home might be driving this
decision?
JS: It's now up to the president to tell us what's going on with
our cases in coming months. I would personally like to see him
re-elected. He is the first president ever to pick up on the real
motives of what's going on back in Ireland. But from what I see,
this [extradition decision] has been the direct result of British
pressure on President Clinton. And what the president needs to
remember is that the Irish American people will have a lot of
votes comes November. If I was President Clinton and somebody
comes to me and says, Listen, you've got a lot of votes here,
maybe 40 million, and you're falling in the polls. They're pissed
at you because of this case. As someone who spoke with the White
House last week put it, if Jimmy Smyth is sent back to Ireland,
Bill Clinton will be sent back to Arkansas. Clinton should say:
Well, what kind of character is he? If I were to release him on
the streets, is there anyone gonna be in danger of him?
BG: But Clinton's also under the political pressure of being seen
as "coddling terrorists" if he doesn't extradite you.
JS: Well, what I've always been asking is, who are the
terrorists? I wasn't in England terrorizing the English people.
The British government's army was in Ireland terrorizing their
people, terrorizing me. That's where the IRA came from, why its
was formed. So who are the real terrorists here?
BG: What's you day-to-day routine there at the Pleasanton prison?
JS: You sleep, get up around nine, have a cup of tea, then get on
the phone to find out what's going on with the case and back
home. It's probably the most comfortable of all the ones I've
been in, but prison is prison, no matter what condition it's in.
BG: What do you expect to happen, given your past experience, if
they send you back to Maze?
JS: All along, my message has not been against prison conditions.
It's been against the British government's corruption of the
justice system there and here, and the shoot-to-kill policies the
British have against people like myself and the Irish Republican
movement. The collusion in the prisons is rampant, the
information being passed through intelligence sources within the
prison and the governments.
BG: How do you think the British are specifically influencing
American justice in your case? Is it diplomatic and political
pressure from the highest level of government?
JS: Definitely. We have the letters to prove it, and that's what
happened in the latest decision. There's no doubt in my mind this
is what happened because the IRA called off the cease-fire. Next
thing you know, President Clinton makes a deal with the British
government to speed up the extradition and I get put back in
prison. I had absolutely no cause to run and I never would run,
so why am I back in prison?
This is actually the second promise he has slid back on to
the Irish community, the first one involving the McBride
Principles. But the British convinced the American administration
that [the Manchester bombing] was sure sign that the Irish
Republican Army and the Irish Republican movement is going to
start taking action, and here's the first sign of it.
But everyone understood why the Irish Republican Army broke
the cease-fire - because of the obstacles put up in front of them
by the British government. [The British] never wanted to talk.
All they wanted was a complete surrender by the Irish Republican
Army, which they're not gonna get. So why not sit down and talk
to them and let them decide when the arms should be handed over?
But they will not be, will never be handed over to the British
government. Never. It will have to be some kind of intermediary
and will only be handed over when the British give a commitment
to leave Ireland alone.
BG: Do you think the IRA's strategy right now is the best route
to take to achieve peace? Do you question any aspect of it?
JS: Well, let's look at the other side of the question. Were the
obstacles that the British government put in front of the IRA
beneficial? What was all that about? They were definitely empty
promises. The Irish Republican prisoners in England went through
the worst time ever after the cease-fire was called, and the
cease-fire broke down after a year and a half. What does that say
about what the British really wanted? What kind of message are
they sending back to the people of Ireland?
BG: What's the feedback you're getting as far as the press back
home? Is your case in the public eye?
JS: Oh, it's in the public eye, yeah, of course. The police are
looking forward to me getting sent back to get some "British
justice", as they call it. But you know, people can use me to
look at the thousands of young men and women who have had to go
through the prison system but never should have been there. The
frustration is, why am I behind bars? There are so many criminals
that could be put in the cell that I am occupying right now. It's
the law that people who do not commit crimes do not go to prison,
and I have never committed a crime in America.
This is now firmly in the hands of President Clinton. He is
the one who can stop Secretary of State Warren Christopher from
authorizing the extradition, and he should because of his
promises made to the Irish community. This case, and the cases of
my colleagues, is going to have a big effect on the Irish
community in America. We know Bob Dole doesn't give a crap, but
there is still a chance for Clinton to redeem himself. He can be
a humanitarian and stop the exploitation.
BG: If Clinton folds on this and supports the ruling, what
happens then?
JS: I would say within two months I'm going to be sent back to
the north of Ireland, back to the prison that I escaped from,
and, well, the past speaks for itself from there on. I was part
of one of the biggest embarrassments ever handed down to the
British government, the escape of 38 men, and we've been able in
San Francisco for the past four years to highlight the murder
that they've been involved with in Ireland for the past 25 years.
So I would say they're really looking forward to getting me back
there. That might mean something would happen to me in prison,
which I wouldn't overrule at all. But the dangerous part is if I
get released back out on the streets.
BG: What was it like living underground in San Francisco?
JS: You know, I had a nice life and all, but I always expected
this coming down on me. I really tried to enjoy myself, but here
we are.
BG: How much money do you think the U.S. government spent
pursuing the case?
JS: Two years ago Karen [Snell, Smyth's attorney] counted it up,
and I think it was just over $1 million. That was two years ago,
and just on me. Of course, keeping me in prison for two years
means more taxpayer money.
BG: How much do you think Manchester hurt your case?
JS: It definitely had an influence, but I know why they're
referring to it as, here's the IRA blowing up this. But the other
side has been responsible for more deaths over the past five
years than the IRA, so Clinton should ask, why haven't they been
asked to hand over their weapons?
BG: What's the one thing you would say to Clinton as he's making
his decision?
JS: What I would ask him to do is look at the humanitarian aspect
of the case and of the other three men, let me out on bail, and
put on hold the extradition pending the successful outcome of the
peace process in Ireland.
(Source: San Francisco Bay Guardian, July 10, 1996)
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Statement From Pol Brennan And Joanna Volz
June 22, 1996
The extradition hearings that were scheduled to begin in
September for Pol, Kevin Artt and Terry Kirby have been postponed
until the first week of November due to the ill health of Kevin's
lead attorney, James Brosnahan. Judge Legge also decided which of
the witnesses that were offered by both the British govenment and
the escapees as candidates for deposition or to travel to the
U.S. to give testimony at the hearings. The attorneys for both
sides will make at least one more visit to Northern Ireland over
the summer to take depositions.
In the meantime, Pol, Terry and Kevin enjoy the relative
freedom of house arrest until the issue of whether or not their
bail will be repealed is decided by the 9th Circuit Court of
Appeals in August. All three men attend court, keep appointments
with their attorneys and since they are married to U.S. citizens,
Terry and Pol are allowed to work.
For our family, it's as if we are living in the eye of the
hurricane: this is the first summer Pol has been free since 1992,
and, if the extradition battle is lost resulting in his return to
prison in Northern Ireland, possibly the last summer we will have
together far many years. None-the-less, we count our blessings.
There are literally hundreds and hundreds of families in Northern
Ireland where one parent is imprisoned, who would give anything
for the 6 months breathing spell that we have enjoyed since Pol's
release on bail January 3rd. Also, in the U.S. there are many
families with very young children who face deportation because of
a father's past ties with Irish Republicanism and the struggle
for self determination in the North. Many of these children are
too small to fully comprehend the threat they and their parents
face. Those who are old enough to understand bear the weight,
along with their parents, of being in direct conflict with the
British government. Our daughter, Molly, who was 12 when Pol was
arrested, is now 16. With her permission, we share here the
sentiments she offered to Pol a week ago on the occasion of the
first Father's Day they celebrated together in 3 years,
"No bars can separate our family. No judge can change the love
that we feel for each other. No Federal law can destroy our
memories."
We would urge anyone who objects to the U.S. government
spending their tax dollars to harass, deport, extradite and
imprison Irish Republicans to contact their elected
representatives and remind them that this is an election year.
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H-Block Four In Court In San Francisco
Pol Brennan, Terence Kirby and Kevin Barry Artt, three of
the H-Block Four extradition victims appeared in the United
States District Court in San Francisco on Friday, May 31, 1996.
The hearing, in the courtroom of U.S. District Judge Charles
Legge, examined various issues related to the discovery of
evidence in the extradition proceedings against the three men.
At the same time, the court discussed the procedures for
taking testimony from approximately 66 defence witnesses, not all
of whom can attend the proceedings in San Francisco. The court
has taken "under advisement" the idea that the judge travel to
the Six Counties for the purpose of hearing some of the
testimony. Such a procedure, while not unprecedented in
international cases, would certainly be rare. Also a matter of
concern to the court is the tremendous cost of pursuing these
cases. In the terms of the Anglo-American Extradition Treaty
under which these proceedings are being held, the British
government could be assessed for these costs. However, that
option does not seem to have been considered.
The H-Block Four prisoners, along with 34 others, escaped
from the supposedly escape-proof H-Blocks of Long Kesh in 1983.
The four made their way to California where they lived and worked
and were raising families until the first arrests in 1992. Since
that time, Jimmy Smyth, the fourth of the four prisoners, has won
a decision denying the extradition in the U.S. District Court.
The Justice Department is currently appealing that decision to
the United States Supreme Court.
(Source: An Phoblacht/Republican News - Thursday, June 6, 1996)
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New WWW Site For The H-Block 4
Hello everyone!
The Irish Republican Web Committee is hosting a new web site
to help promote the cause of Jimmy Smyth, Pol Brennan, Terry
Kirby and Kevin Barry Artt. As you probably already know, a
federal judge said on Tuesday he would sign an order authorizing
Jimmy Smyth's extradition and Smyth's bail has been revoked.
Action must be taken NOW to remind the Clinton Administration of
its promise to have "No more Joe Dohertys".
The new web site is located at:
http://www.serve.com/irwc/hb4/hblock4.html
This web page is a non-partisan effort drawing on the
various resources of Sinn Fein, Irish Northern Aid, Saoirse,
IRSCNA and any other organizations or individuals willing to
assist in the effort to fight the extradition of these men.
However, the IRWC and the web page are not necessarily endorsed
by any organization listed above.
Any organizations or individuals who have events planned,
action alerts, biographical information to share or any other
contributions to the web site are welcome to send information to
jad...@jeeves.la.utexas.edu. We would also ask that you help us
publicize the web page in whatever way you can.
Thank you in advance for your support of the H-Block Four.
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Urgent Action Alert for Jimmy Smyth
Calling All Activists
The Supreme Court refused to hear escaped Irish political
prisoner Jimmy Smyth's appeal for asylum.
The decision means that the FBI could pick Jimmy up at any
moment and send him into the arms of the British forces in
Belfast. A decision from Clinton or Warren Christopher as
Secretary of State are the only options to keep Jimmy from being
extradited.
Sinn Fein is issuing an urgent action alert calling for
phone calls, faxes and emails to the White House. Clinton can
(and should be quoted by all calling) as saying "there will be no
more Joe Doherty cases".
We are calling on all activists to let the President know
that Jimmy Smyth must not be delivered into British injustice and
violence by a U.S. government.
Call the White House at: (202) 456-1414
Fax the White House at: (202) 456-2461
E-mail the President at: pres...@whitehouse.gov
Mail your letters to:
President Bill Clinton
The White House
1600 Pennsylvania Avenue, NW
Washington, DC
20500 USA
Please also Contact your Congresspeople and Senators asking them
to support Jimmy Smyth.
Go raibh maith agat
Make Our Voices Heard!!!
Sinn Fein Press Release:
Adams Appeals For Smyth
Sinn Fein President Gerry Adams, commenting on the decision by
the U.S. Supreme Court to clear the way for the extradition of
Jimmy Smyth said:
"The decision by the US Supreme Court not to reconsider a
ruling by the Court of Appeals ordering Jimmy Smyth's extradition
is a grave disappointment.
Jimmy Smyth like so many hundreds of others, was convicted
on spurious grounds, under unjust laws, in a special court and on
a charge which he has consistently denied.
Since he moved to the U.S. he has lived an exemplary life,
making a solid contribution to his local community.
I would appeal to President Clinton not to extradite Jimmy
Smyth or the others in a similar situation."
++++ stop the execution of Mumia Abu-Jamal ++++
++++ if you agree copy these lines to your sig ++++
++++ see http://www.xs4all.nl/~tank/spg-l/sigaction.htm ++++
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Arm The Spirit is an autonomist/anti-imperialist information
collective based in Toronto, Canada. Our focus includes a wide
variety of material, including political prisoners, national
liberation struggles, armed communist resistance, anti-fascism,
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