BY CATHLEEN GUTEKANST
SAN FRANCISCO - Closing arguments were heard here January 6, in U.S. District Court in the extradition cases of Kevin Barry Artt and Terrence Kirby.

Artt and Kirby are two of the "H-Block 4," four Irish men who escaped from the H-blocks of Long Kesh Prison outside of Belfast, northern Ireland, in 1983. The four men had lived in California for more than 10 years until they were arrested by the FBI in 1992. The U.S. Justice Department began extradition hearings to return them to prison in northern Ireland.

Jimmy Smyth, the first of the four to be arrested, was handed over to British authorities last August and flown to Long Kesh Prison where he remains today, serving a further five years of his sentence. Smyth fought a four-year legal battle against his extradition and was able to win broad political support for his right to remain in the United States.

In closing his arguments against Artt and Kirby, U.S. Justice Department Attorney Mark Zanides claimed the two were "terrorists" and criminals, not political fighters victimized for their opposition to the British occupation of their country.

Zanides stated that because Kirby had signed a confession admitting to taking part in a bombing, this proved Kirby's guilt. Kirby withdrew his confession the next day, stating that he had only signed after severe beatings. Ignoring statements by family members and witnesses who testified on the nature of Kirby's wounds, Zanides stated that "With the exception of a short period following the escape in 1983, there has never been any brutality directed against Republican prisoners in the Maze Prison. It's a very tranquil situation."

This view contradicts the findings of Amnesty International, the European Commission on Human Rights, and other human rights groups, which have documented instances of torture, beatings, and severe mistreatment of prisoners in northern Ireland.

Artt also signed a confession, which he retracted, stating he had signed as a result of threats and intimidation during police interrogation.

Artt's attorney, James Brosnahan, pointed out that the Diplock courts in northern Ireland allow coerced confessions to be admitted as testimony. "What standards are we using in assessing whether or not an extraditee has received a fair trial (in his country of origin)?" Brosnahan asked. "Zanides states that you should use the UK standard."

The defense explained that Artt was convicted in a nonjury Diplock "show trial" involving 38 people, all implicated in serious charges by Christopher Black, a "supergrass" informant. "Supergrass" is the term used to describe paid informers for the British military who have testified against thousands of people charged under the Emergency Provisions Act and, later, under the Prevention of Terrorism Act.

Christopher Black testified that Charles McKiernan was guilty of the 1978 murder of deputy H-Block Governor Albert Miles. McKiernan, in turn, made a statement implicating Kevin Artt in the murder. There was no evidence presented in the trial against Artt apart from his confession. Artt was found guilty and sentenced to 20 years in prison.

Artt was a taxi driver in Belfast at the time of his arrest, and was often stopped by the police while he was working. He had been the victim of two previous attempts on his life, and the Royal Ulster Constabulary (RUC) had admitted that they had information that he was on a Loyalist hit list.

The trial proceedings were attended by Irish solidarity and human rights activists, with about 25 supporters attending each day of the closing arguments.

John Fogarty and H.B. O'Keady of the Irish American Unity Conference traveled to Belfast in December 1996. They found evidence that forged documents were submitted by the British government in the San Francisco trial of Artt and Kirby. In November 1996, David Baxendale, a forensic scientist, had testified for the defense that the documents submitted by the British Government as evidence, alleged to have been written in 1978, were shown to have been prepared sometime after 1981.

Supporters of the H-Block 4 are preparing for activities in support of the men. Pól Brennan, the last extraditee, will be on trial later in 1997. All three men remain under house arrest and are unable to work or attend public gatherings.

Contributions and messages of support can be sent to: Irish American Unity Conference, 2624 3rd Street, San Francisco, CA. 94107, to the attention of John Fogarty.

Cathleen Gutekanst is a member of Oil, Chemical and Atomic Workers Local 1-5.  
 
 
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