17. Smyth was stopped and taken into the police station numerous times, perhaps dozens of times, before being arrested for the attempted murder of prison officer John Carlisle. His younger brother testified that it seemed as if James Smyth was arrested every 4-5 weeks for several years. He recalled that James Smyth would be held overnight and sometimes for up to three days when arrested, and would return with marks on his torso and limbs indicating physical abuse. Smyth was held in detention for a full year in 1974. The frequent arrests continued until 1977, when James Smyth was charged with the attempted murder of Mr. Carlisle. Despite being taken in for questioning frequently, Smyth was charged with crimes only once. Martin Smyth also testified that the Smyth family home was frequently searched, but no charges were ever filed as a result of anything found in the house. Disputing that the arrests were frequent, the U.K. produced records showing that Smyth had been arrested only five times, including the arrest for the attempted murder of Mr. Carlisle. The U.K.'s custodian of records admitted that records are periodically destroyed and records for certain sites could not be accessed. The lack of completeness of the U.K.'s records makes the claim that Smyth was arrested only five times questionable in light of Martin Smyth's testimony indicating a far greater frequency of arrests by the security forces.
18. In a Commission of Oyer and Terminer sitting at Belfast, Northern Ireland on December 18, 1979, James Smyth was convicted of, inter alia, the June 28, 1977 attempted murder of John Carlisle, a prison officer living in Belfast. The U.K. requests Smyth's extradition so that he may serve the remainder of his 20-year sentence for the offense of attempted murder.
19. If Smyth were to be extradited, he would probably return to the Maze. Prison officers were unable to state whether Smyth would receive credit for time served in the United States. One extradited prisoner, Joseph Doherty, did not receive credit for the nine years spent in United States prisons during his extradition proceedings. The current governor of the Maze, John Baxter, testified that he did not think Smyth would be put in the Red Book if returned, but he would not state what conditions would be put upon Smyth on his return.
20. Mr. Smyth is at increased risk because of his high profile. By virtue of these extradition proceedings, James Smyth has become a well-known figure in Northern Ireland. His picture and his mother's address have been published in newspapers in Northern Ireland.
21. Many witnesses opined as to whether Smyth would face discrimination, death or danger upon his return to Northern Ireland. Witnesses for the U.K. stated that he would not be in danger upon return to the Maze; witnesses for Smyth stated that he would be in danger upon return to the Maze and upon release from the Maze in Northern Ireland. Prison officer Doyle testified that Smyth would not be mistreated upon return to the Maze because prison officers are professional and also due to the prison officers' fear of retaliation if they harmed Smyth.
F. Current Situation in Northern Ireland.
22. There has been a marked upward trend in the number of violent crimes committed by loyalist paramilitaries in the last two years. The number of murders they committed annually doubled in the early 1990s. One witness for the U.K. stated that the UFF declared war on Catholics and republicans, especially the IRA and Sinn Fein councilors in the beginning of 1993.
23. The level of loyalist paramilitary violence is greater now than it was in 1983. There are more murders, more shootings, and more bombings perpetrated by loyalists in both absolute numbers and as a percentage of the overall terrorist incidents.
24. Witnesses for both the U.K. and Mr. Smyth opined that the loyalist paramilitary violence is expected to further increase.
25. As of the time of the extradition hearing in late 1993, there had been no deaths caused by the security forces that year.
III. CONCLUSIONS OF LAW.
A. Defense to Extradition Under Article 3(a) Of the Supplementary Treaty.
For over a century, international extradition practice has exempted from extradition those persons wanted for political offenses in the requesting country.
Several justifications for the political offense exception have been identified.
First, its historical development suggests that it is grounded in a belief that individuals have a "right to resort to political activism to foster political change." . . . Second, the exception reflects a concern that individuals--particularly unsuccessful rebels--should not be returned to countries where they may be subjected to unfair trials and punishments because of their political opinions. . . . Third, the exception comports with the notion that governments--and certainly their nonpolitical branches--should not intervene in the internal political struggles of other nations. ( Quinn v. Robinson, 783 F.2d 776, 793 (9th Cir.) (citations omitted) cert. denied, 479 U.S. 882, 93 L. Ed. 2d 247, 107 S. Ct. 271 (1986).)