Oppose the proposed extradition of Róisín McAliskey to Germany

SINCE THE PETITION WAS FIRST WRITTEN THERE HAS BEEN A CHANGE IN THE GOVERNMENT OF GREAT BRITAIN. THIS PETITION IS NOW BEING ADDRESSED TO: THE PRIME MINISTER OF GREAT BRITAIN, GORDON BROWN; THE NORTHERN IRELAND OFFICE AND SECRETARY SHAUN WOODWARD; THE HOME OFFICE AND SECRETARY JACQUI SMITH ; AND THE PARLIAMENT OF GREAT BRITAIN

To:  TO: THE PRIME MINISTER OF GREAT BRITAIN, TONY BLAIR; THE NORTHERN IRELAND OFFICE AND SECRETARY PETER HAIN; THE HOME OFFICE AND SECRETARY JOHN REID; AND THE PARLIAMENT OF GREAT BRITAIN;:

A PETITION OPPOSING THE PROPOSED EXTRADITION OF RÓISÍN McALISKEY TO GERMANY

TO: THE PRIME MINISTER OF GREAT BRITAIN, TONY BLAIR; THE NORTHERN IRELAND OFFICE AND SECRETARY PETER HAIN; THE HOME OFFICE AND SECRETARY JOHN REID; AND THE PARLIAMENT OF GREAT BRITAIN;:

The undersigned call upon the Government of Great Britain, including the Prime Minister, the Northern Ireland Secretary, the Home Secretary, and the British Parliament, to refuse Germany’s request for the extradition of Róisín McAliskey to stand trial in Germany for the 1996 IRA mortar attack of a British Army base in Osnabruck, Germany.

We believe the charges are baseless, express bars to extradition under the Extradition Act 2003 apply, and extradition would be incompatible with Ms. McAliskey’s “Convention rights" under the Human Rights Act of 1998.

Ms. McAliskey’s arrest and the pending extradition proceedings appear to be a vindictive maneuver motivated by improper political objectives. These impermissible motives preclude her extradition. (Extradition Act 2003, Part 1, §§ 11, 13.) Róisín McAliskey is the daughter of veteran civil rights campaigner and republican Bernadette Devlin McAliskey, who has long been critical of the British government’s presence and conduct in the Six Counties. As with the prior extradition proceedings against Ms. McAliskey and her lengthy incarceration in relation thereto, the latest action appears designed to punish or intimidate the McAliskey family on the basis of their political opinions and activism. The timing of the latest extradition proceedings indicates an additional improper purpose. Although the German government issued its European arrest warrant in October 2006, the British authorities waited to act upon it until after the revival of a power-sharing devolved government. The seven-month delay strongly suggests the decision to act is in fact an attempt by reactionary elements within the British government to sabotage the newly devolved government and to destroy the “peace” process in the Six Counties.

The passage of eleven years since the Osnabruck attack makes it unjust and oppressive to extradite Ms. McAliskey, which in turn constitutes a bar to extradition. (Extradition Act 2003, Part 1, §§ 11, 14.) In addition, the extensive delay virtually ensures that Ms. McAliskey will be unable to obtain a fair trial, in contravention of Article 6 of the EU Convention for the Protection of Human Rights and Fundamental Freedoms, which is incorporated in the Human Rights Act of 1998. The substantial time interval necessarily makes it extraordinarily difficult for Ms. McAliskey to defend herself against charges based upon the Osnabruck attack. She will face immense difficulties in locating witnesses. Some witnesses may have died in the interim or become unavailable through incapacity. The memories of competent witnesses who can be found necessarily will have dimmed or been erased in the eleven-year interval. In addition, the lengthy delay increases the likelihood that witnesses’ memories will have been artificially shaped through intervening publicity and/or suggestive interviews with police officers and prosecutors.

Article 5 of the EU Convention for the Protection of Human Rights and Fundamental Freedoms prohibits a deprivation of Ms. McAliskey’s liberty without reasonable suspicion that she committed an offense. Substantial evidence establishes that Ms. McAliskey was in Ireland at the time of the attack. Within a few months after the attack, the principal German prosecution witness could not identify Ms. McAliskey. The Crown Prosecution Service previously examined the evidence and determined that it was insufficient to warrant a prosecution.

We also contend that the renewed proceedings against Ms. McAliskey constitute a violation of her human rights. The British government incarcerated Ms. McAliskey for 16 months during the initial 1996-1998 extradition proceedings. Although Ms. McAliskey suffered severe illness and psychological distress during her incarceration, the British government consistently refused to grant her bail. In April of 1997, after just six months of imprisonment, Amnesty International reported that Ms. McAliskey’s conditions of confinement constituted cruel, inhuman or degrading treatment that threatened her mental and physical health. When she was finally released in 1998, Ms. McAliskey was physically and emotionally traumatized. Then British Home Secretary Jack Straw determined that extraditing Ms. McAliskey would be “unfair and oppressive” in light of her deteriorating condition.

Any period of future imprisonment will undoubtedly cause Ms. McAliskey extreme, perhaps irreparable, psychological distress due to the severe trauma she suffered in 1996-1998. In addition, the horrors of her lengthy prior incarceration, which included psychological and sexual abuse in the form of frequent strip-searches, have almost certainly resulted in long term health effects. The extraordinary stress and deprivation imposed upon Ms. McAliskey during her prior imprisonment were necessarily exacerbated by her pregnancy and mistreatment related to her pregnancy and the birth of her child in custody—a factor that can inflict long-term consequences. Consequently, additional imprisonment of Ms. McAliskey creates an undue risk of mental illness or breakdown.

By signing this petition we urgently request the government of Great Britain, acting through each of its ministers, agencies, bodies, offices, and agents, including the Prime Minister, the Northern Ireland Secretary, the Home Secretary, and the Parliament, to refuse the request of the German Government to extradite Róisín McAliskey to Germany.

Sincerely,

The Undersigned

The Oppose the proposed extradition of Róisín McAliskey to Germany Petition to TO: THE PRIME MINISTER OF GREAT BRITAIN, TONY BLAIR; THE NORTHERN IRELAND OFFICE AND SECRETARY PETER HAIN; THE HOME OFFICE AND SECRETARY JOHN REID; AND THE PARLIAMENT OF GREAT BRITAIN;: was created by and written by Kate Selyem (irishrepublicanwomenscoalition@yahoo.com).  This petition is hosted here at www.PetitionOnline.com as a public service. There is no endorsement of this petition, express or implied, by Artifice, Inc. or our sponsors. For technical support please use our simple Petition Help form.

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