US embassy cable - 05DUBLIN1068

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, CI3 
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