Controversy over the so-called "Colombia Three" case has been revived by a decision of the Supreme Court in Bogota to uphold the 17-year sentences against the three Irishmen for training Marxist guerrillas in IRA bomb-making techniques.
Colombia's Supreme Court of Justice has rejected an appeal by defence lawyers for James Monaghan (61), Martin McCauley (45) and Niall Connolly (43) against their convictions for training the Farc rebels who have been at war with the Colombian state since 1964.
The men were originally found not guilty by a lower court on the charge of training the Farc but this was over-ruled by an appeal tribunal. However the three jumped bail and returned to Ireland to avoid serving their sentences.
An extradition request was lodged by the Colombian authorities in September 2005 but the Department of Justice wrote back, via the Department of Foreign Affairs, pointing out that there was no extradition agreement between the two states.
However, the department held out the possibility of an extradition agreement with retrospective effect, under which the three men could be sent back to Colombia at a future date.
There has been no contact between the department and the Colombian authorities since last July and Government sources said privately in Dublin last night that "the ball is in the Colombians' court - we're still awaiting further information requested some time ago".
Fine Gael leader Enda Kenny asked Minister for Justice Michael McDowell last January if charges were pending in the State against the three men. Mr McDowell responded in a written answer: "I am informed by the Garda authorities that the Garda investigation into this matter is ongoing and that inquiries with the Colombian authorities are continuing. I am further informed that when these are completed, the Garda Síochána will further consider referral to the Director of Public Prosecutions."
Commenting on the verdict, a Sinn Féin spokeswoman said: "The men are home and that's an end to it. They are getting on with their lives. There would not be any great shock that the decision was upheld, given the secretive nature of the appeal proceedings and Colombia's human rights record."
On extradition, the spokeswoman said: "We don't expect that. The men have moved on with their lives. They are all helping out in their local areas in the Sinn Féin election campaign."
Cristin McCauley, wife of Martin McCauley, is a Sinn Féin candidate in Kildare North.
The men were initially arrested as they were about to board an international flight at Bogota's El Dorado airport on August 11th, 2001, after they had arrived from an area controlled by the Farc, using a local airline owned by the Colombian military. After a protracted trial they were convicted in April 2004 of using false passports but found not guilty on the main charge of training the Farc.
An appeal hearing took place while the men were out on bail. In December 2004 the appeal tribunal convicted them on the terrorist charge, imposing 17-year sentences and heavy fines.
But the men disappeared before they could be brought back to prison and surfaced back home in Ireland in August 2005. An extradition request was submitted by the Colombian authorities but failed to meet Department of Justice criteria.