Extradition from Ireland—Difficulties

Last week, we mentioned that an Irish couple is wanted in the United States to face charges that they kidnapped their nine-year-old grandson. However, the US finds it very difficult to obtain suspects from that country.

For example, Sean Garland, who we discussed here, is wanted in the United States to face counterfeiting charges. While the US knew that Mr. Garland was in Ireland, it made no extradition request to the Republic of Ireland, instead waiting until Mr. Garland crossed the border into Northern Ireland to attend the annual “ard fheis” of the Workers’ party in Belfast because the “republic’s reputation on extradition warrants is so bad.”^[1] “’Ireland just doesn’t extradite,’ said an American state department official. ‘You would figure that with so much understanding between the two countries it wouldn’t be such a problem, but it is.’”^[2]

In 20 years, there have been only two successful extradition requests from the US, but a spokesman from Ireland’s Department of Justice said “’the reasons for this vary. … In one case there were problems with the extradition documentation, in two cases the courts refused the applications, in one case the attorney general advised extradition was not possible and another requests was withdrawn.’”^[3] Furthermore, two suspects fled Ireland; at this time, five requests are still being processed, including, presumably, the alleged kidnappers.^[4]

In one case between the United Kingdom and Ireland, a suspect wanted in England to stand trial for her alleged role in five IRA bombings, Evelyn Glenholmes, was allowed to walk free because the British arrest warrant spelled her name without an “s.”^[5]

The last successful extradition request from the United States came in 1999.^[6]

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[1] Enda Leahy, Ireland Under Fire Over Extradition, Sunday Times, Oct. 16, 2005, available here.
[2] Id.
[3] Id.
[4] Id.
[5] Id.
[6] Id.