Family background

Kevin Artt was born to a Protestant father and a Catholic mother, who was sent in shame to a convent in the Republic of Ireland to give birth out of wedlock. Kevin was adopted and raised by his uncle in a middle class suburb of Belfast called Jordanstown. His uncle and family members ran a business in Whitehouse, a predominantly Protestant section of Belfast. While Kevin was still living at home with his aunt and uncle, their business was bombed on at least three occasions. His aunt and uncle also received numerous threats. The threats were made and the attacks carried out by Loyalists. The attacks were made for no other reason than his family was Catholic, and had the audacity to own a business in a Protestant area. In October of 1973 when a 150 lb. bomb demolished the Artts' business for the third time, they knew they could no longer operate their business in peace and were forced to sell it and move.

Early years

Kevin left the relatively safe confines of his uncle's house at age fifteen and moved in with his girlfriend, and then later when he could afford it, on his own. Kevin lived in a working class neighborhood of Belfast called New Lodge. Although Kevin had been a victim of sectarian attacks whilst living with his uncle, it was only now living in New Lodge, that the stark reality of life in British occupied Ireland came into focus. The constant fear of being shot by a nervous and heavily armed British soldier was a reality. Amnesty International stated once when British soldiers shot unarmed Catholics, that they were carrying out "extrajudicial executions". Kevin was still living with his uncle in January of 1972 when British Paratroopers shot dead fourteen unarmed Catholics, six who were seventeen years of age, at a peaceful civil rights march that became known as, "Sunday Bloody Sunday".

During the incessant stops by the overwhelmingly Protestant police (RUC), all Catholics understand that they are held in contempt, and more times than not are the victim of physical abuse, verbal abuse, or both. As a teenager growing up in that environment, Kevin became sympathetic to his fellow Catholics, as anyone in a similar position would do.

Kevin at the age of sixteen obtained his drivers license and began to work for the Ace taxi company. Ace was an unlicensed taxi company which was formed to ferry Catholics from one Nationalist neighborhood to another in the religiously segregated city. Catholics stranded in Protestant neighborhoods were subject to attack or assassination by Loyalist death squads. During that time, a group known as the "Shankill Butchers" were randomly picking up Catholics and torturing them and then slitting their throats. The Shankill Butchers were eventually caught and tried for their heinous crimes, at their trial the secret alliance between the butchers, Loyalist death squads, and government security forces was revealed. loyalist groups such as the Ulster Defense Association (UDA) and the Ulster Volunteer Force (UVF) continue to murder Catholics in Northern Ireland for no other reason than their religion.

Kevin worked at Ace taxi knowing the dangers because it not only afforded him the opportunity to earn a living, but allowed him to help fellow Catholics avoid being murdered. Catholic taxi drivers are regarded as being "republicans" and Protestant taxi drivers are regarded as being "loyalists", each can serve only their respective neighborhoods. Being a Catholic taxi driver is a high profile position which brings you under close police scrutiny. The police have accused the Catholic taxis of ferrying Irish Republican Army (IRA) members and weapons. This belief has made Catholic taxi drivers the target of sectarian violence. A common occurrence is to call a taxi for a ride, and when the cab arrives, execute the driver. This is still the case in Belfast with several Catholic taxi drivers being assassinated in 1991.

Castlereagh 1978

On the evening of November 26, 1978, the Deputy Governor of the Maze prison, Albert Miles, was shot and killed in his Belfast home. Several weeks later Kevin who was still a youngster, was detained by the RUC. Although charged with no crime, Kevin was taken to the infamous Castlereagh Holding Centre for interrogation. Castlereagh was specifically designed for interrogating suspects, and since its opening hundreds of internees have alleged maltreatment and torture within its walls. Castlereagh has been named by Amnesty International and other well known organizations as a location where police abuses have occurred. A June 1978 report by Amnesty International confirmed the use by police of beatings, threats, humiliation, and other types of physical and psychological abuse. In 1976 the European Commission on Human Rights declared the British Government was guilty of torture and inhuman and degrading treatment in their interrogation centers in Northern Ireland. In 1978 the European Court of Human Rights also held that the British Government was guilty of inhuman and degrading treatment in their interrogations centers.

At Castlereagh, Kevin was kept in isolation with rare glimpses of sunlight, and at no time was he allowed to contact anyone in the outside world, especially not an attorney. Kevin answered the same questions over and over again for the same, or different sets of interrogators. Although Kevin knew nothing of Albert Miles' murder, he fully cooperated with his RUC interrogators, and was continually interrogated without any idea when it would end. After enduring one week of this Kevin was released, he left being charged with no crime, and having no idea why he was detained. Kevin's natural father found out that Kevin had been taken to the interrogation center, and contacted a friend in the RUC who happened to be one of Kevin's interrogators. As Kevin was escorted to the front gates by that same interrogator, he was met by his natural father who he had not seen for several years. Kevin was told by this interrogator in the presence of his Protestant father, "that he was innocent, and that Kevin's troubles were due to associating with the wrong type of people". The 1984 Baker Report, that reviewed the Emergency Provision Act, reported that 76% of suspects detained by the RUC are released without charges. The statistics used in the Baker Report came directly from the RUC itself.

Assassination attempts

Upon his release from Castlereagh Kevin continued to drive for Ace taxi. Kevin had no idea what a prominent target he had now become. Being a driver for an unlicensed taxi company made you a recognizable individual. One evening after coming home to his rented room, Kevin heard the doorbell, a scream and the distinctive sound of gun fire. Kevin ran to his bedroom window to see two gunmen retreating into the safety of the darkness, and back to their Protestant neighborhood. Rushing downstairs, Kevin found the owner of the house in which he was living badly wounded. Kevin immediately called for an ambulance and for the police. Kevin waited anxiously for the ambulance to arrive to help his landlord, but the response was very slow in coming. When the RUC arrived they asked Kevin to come down to the station and make a statement, which he did willingly. Upon his arrival at the police station, Kevin was whisked into an RUC detective's office and the detective said words to the effect, "that was meant for you, Artt, you bastard, and it's a damn shame they didn't get you!" Kevin could not understand how the police could have known so soon after the assassination attempt that the attack was meant for him.

Since then the widely held belief has been proven, that collusion occurs between members of the security forces and Loyalist hit squads. The Steven's inquiry revealed that secret government files on IRA suspects had been leaked to Loyalist death squads. Hundreds of "secret" files were revealed in public, disclosing the names and address of the targets. One person believed to have been killed by this collusion was well known civil rights lawyer Patrick Finucane. Mr. Finucane's clients reported being told by police, a year before his death, that he was an "IRA lawyer". In 1984 the International Lawyers' Inquiry described the laws governing the use of force by security forces as "inadequate". The Lawyers' Inquiry also criticized judges in Northern Ireland for interpreting laws so disproportionately in the favor of police, that it was "a virtual endorsement of martial law".

In 1973 Brian Nelson and two other UDA members kidnapped a half blind Catholic man named Gerald Higgins. They took Mr. Higgins to a UDA club off the Shankill Road, searched him punched him, and then set his hair on fire. Mr. Nelson and his accomplices refused to let Mr. Higgins take his vital heart medicine. Then they wet Mr. Higgin's hands and placed wires in between them, the wires were connected to a generator which sent electric shocks through his body. Mr. Higgins died not long after his ordeal. The RUC labeled Mr. Nelson as the ring leader of the group that assaulted Mr. Higgins. Brian Nelson received a seven year sentence for his torture of Mr. Higgins.

In a trial in Belfast during the spring of 1992, Brian Nelson, the intelligence officer of the UDA, was revealed to be a British intelligence operative. Mr. Nelson's day job was to target Catholics for assassination, and at night he worked for her majesty's intelligence services Northern Ireland. His murky involvement in British intelligence was covered up at his trial for reasons of "national security", and for Nelson's silence in court on the matter, 15 of 35 charges against Nelson including two charges of murder were dropped. Nelson pled guilty to 20 lesser charges, 5 of which related to conspiracy to murder. Judge Kelly sentenced Nelson to ten years in prison, but he is only expected to serve three of four. The Director of Public Prosecutions received a letter of support from British Cabinet Minister Tom King on Nelson's behalf. When Judge Kelly handed down the minimum sentence, he described Nelson as a man who had shown "the greatest of courage". The Judge who sentenced Brian Nelson; Basil Kelly, played a prominent role in Kevin's life, and his loyalties will be called into question later in this document.

In the aftermath of the assassination attempt on Kevin's life, his former landlord became a paraplegic as a result of injuries suffered during the shooting. The Woodvale Defense Association, an offshoot of the recently outlawed Ulster Defense Association, admitted in an article that was published, that Kevin's landlord was not the intended recipient of the attack.

Kevin still a youngster at the time of the assassination attempt, fled the RUC station in a state of shock, fear, and apprehension. Kevin would never sleep another night at the site of the assassination attempt on his life. Kevin applied for, and eventually received priority housing, which is given to victims of terrorist attacks. This move unfortunately did not end the assassination attempts on Kevin's life. On one occasion, a car pulled alongside Kevin and a person inside brandished a firearm. The occupants of the car eventually identified themselves as plainclothes policemen, and threatened to charge Kevin for failure to stop. What is surprising is not that Kevin did not stop at first, but that he stopped at all. On the intrigue ridden streets of Belfast when someone points a gun at you, you run. The United Nations Basic Principles on the Use of Force and Firearms by Law Enforcement Officials, in part states, "Law enforcement officials shall identify themselves as such and give a clear warning of their intent to use firearms,...".

On a separate occasion Kevin was walking a friend to the corner when a car screeched to a halt and reversed quickly towards them. Kevin saw a gun pointed out the car window at them. Kevin fled through an alley and was chased by a man wielding a pistol. Kevin's friend was also chased, and ran back to the house jumping through the plate glass window in the front door, to avoid being shot by the gunmen. With all the commotion a crowd of curious onlookers gathered, and uniformed RUC officers arrived. The gunmen when questioned by the RUC merely identified themselves as undercover police making a "routine check".

What if the crowd and uniformed RUC had not arrived, would the "undercover police" have made their "routine check", or would they have shot the boys. These are the thoughts that raced through Kevin's mind. At this time people believed the police assassinated unarmed people under suspicious circumstances, but it was a still a few years before this information was confirmed publicly. Deputy Chief Constable John Stalker of the Manchester police came to Northern Ireland in 1984 to investigate suspicious police shootings. After two years of investigation, Stalker said the police killings were the, "act of a Central American Assassination squad--truly of a police force out of control". Stalker was removed from the investigation when he was going to fully reveal the scope of abuse by the RUC. Another policeman Chief Constable Colin Sampson was brought in for damage control. In January 1988 the Attorney General announced that the Stalker/Sampson inquiry had revealed that RUC officers had attempted or conspired to pervert the course of justice. The Attorney General also stated that none of the implicated officers were to be prosecuted, because of "national security" and "public interest" considerations.

With all that had happened, Kevin no longer felt safe in the home the government had provided him to keep safe from terrorist attacks. Kevin left his home once again in fear for his life, which turned out to be a very wise move indeed. Shortly thereafter a hooded gunman arrived at Kevin's former apartment door, he was witnessed by Kevin's former neighbors who still lived in the same building. Kevin also had his car burned as the result of a fire bombing. His car was hit with a gasoline bomb which set the car ablaze. The attack was clearly directed at Kevin, since in his work as a taxi driver he used his own car to ferry passengers, and had become easily recognizable as a result of that.

Framed

In late 1981, Kevin was again picked up by the RUC and taken to Castlereagh to undergo interrogation. Again the same conditions of isolation and abuse greeted Kevin at Castlereagh. Kevin was denied the right to meet with counsel despite repeated requests for such a meeting. Kevin was questioned at various times around the clock by RUC interrogators who tried to make him confess to participation in the Albert Miles murder a couple of years earlier. The RUC interrogators adamantly repeated over and over his involvement in the murder. The interrogators alternated with threats and inducements to try and make Kevin admit to a murder he did not commit. During one occasion an interrogator become upset with Kevin professing his innocence, and suddenly assaulted Kevin and beat him around the head. On the seventh straight day of this grueling interrogation, with Kevin steadfastly maintaining his innocence, the RUC played their trump card.

The RUC interrogators told Kevin that a man named Charles McKiernan had named him as an accomplice in the Miles murder, and that alone would assure Kevin's conviction. The RUC interrogators paraded McKiernan in front of Kevin, and McKiernan confirmed that he would implicate Kevin in the murder. As Kevin sat in the interrogation room in a state of shock and disbelief, all he could do was vehemently deny McKiernan's false accusations. It turns out that McKiernan was induced to lie by the RUC, in return for false promises of immunity, and recanted his false accusation prior to trial.

Kevin at this time knew that McKiernan was lying, but the RUC interrogators assured him that the judge would believe McKiernan's statement before Kevin's. The RUC interrogators told Kevin that if he confessed to the Miles's murder, that they would stand up for him in court and that he would be eligible for parole in a couple of years. If Kevin did not confess, the RUC assured Kevin they would convict him based solely on McKiernan's false statement and make sure that Kevin was sentenced to life without the opportunity for parole. The Detective Chief Superintendent visited Kevin, he told him that Mr. Miles was a personal friend of his and that the Superintendent would see to it that Kevin rotted in jail for the rest of his life.

Kevin did recognize McKiernan from a previous encounter somewhere before. He did not remember McKiernan's name until it was told to him Recognizing McKiernan is not surprising due to the close knit life within the Catholic community in Belfast. Kevin could have picked him up as a passenger during his travels. McKiernan did not give a lasting impression on Kevin until the day he was coerced into lying for the police.

RUC interrogators have been described as "being able to get blood from a stone", and the description was once again justified. They had strung Kevin along like the masters of interrogation that they are. First they berated Kevin night and day for several days with threats, verbal abuse and even physical abuse. Kevin alone, disoriented, tired, and confused was almost ready for the fait accompli. They paraded their star uncorroborated witness at the right moment of weakness for maximum effect. Even the Detective Chief Superintendent got in on the act with his promise of life without parole. This macabre exercise in "justice" was almost complete.

The RUC interrogators supplied Kevin with a pre-written confession, all he had to do was sign it and his ordeal would be all over, and the detectives would work to get him an early release from jail. Disoriented and confused Kevin mulled over his options. He was certainly not safe on the streets of Belfast where the Loyalist death squads were trying to kill him. If he did not confess they would convict him for life without parole based on McKiernan's testimony. His only option was to sign the pre-written confession, and he did. Only now that Kevin signed the pre-written confession, was he taken to the central police station, booked and charged with the murder and finally given the opportunity to consult with an attorney. Article 14(3)g of the International Covenant on Civil and Political Rights specifically guarantees an individual's right "not to be compelled to testify against himself or to confess guilt".

For those that doubt Kevin's claim to have been beaten in the custody of British police, look at the cases of Judith Ward, "The Guilford Four", and "The Birmingham Six". All were convicted during the early 1970's for bombings done by the IRA on the English mainland. All were convicted amid public and press hysteria over the bombings. The bulk of evidence against all of them was a confession, which they all claimed was the result of physical and psychological abuse. All the convictions were finally overturned when it was revealed that the confessions were beaten out of the suspects. In the case of the Birmingham six, they spent sixteen years in prison before the British Justice System would admit in 1991 that they had been victims of police abuse.

A 1987 legal appeal by the Birmingham Six of their conviction failed, as the court closed ranks within the establishment to protect the tarnished image of the police force. The 1987 appeal failed even though a Member of Parliament, Chris Mullin, had already interviewed the real bombers and published those interviews in a well known book Error of Judgement. (See Mr. Mullin's comments on Kevin's case in a letter at the back of this document) Lord Denning who presided over the 1987 Birmingham six appeal responded to a 4uestion from a journalist, as to whether someone should seriously investigate claims of injustice or just walk away. Lord Denning responded, "Oh walk away and ignore him. I have a lot of letters from people in prison who say they have been wrongly convicted. I'm afraid I put them in the waste paper basket". The Attorney General of Great Britain at the time of the 1987 Birmingham six appeal was Sir Patrick Mayhew. Mr. Mayhew responded in the British parliament to a question about the Birmingham six appeal, he stated, "I regret efforts to undermine the confidence in the outcome of an appeal which was conducted with all the qualities to which my honourable friend referred (his friend stated that no one had received a fairer trial)". Sir Patrick Mayhew is currently serving as the British Secretary of State for Northern Ireland, in that position he has great discretion in granting or denying parole to prisoners convicted of committing a terrorist offense, and other legal matters.

Tony O'Hara is the brother of Patsy O'Hara, who was the fourth hunger striker to die at Long Kesh during the hunger strike of 1981. Tony O'Hara spent time at Long Kesh based on a Diplock court conviction received in 1977. Tony received three concurrent five year sentences, one for possession of an ornamental shotgun, one for driving a getaway car, and one for taking part in a bank robbery. The shotgun was never located and there was no other proof that Tony had possession of it. Tony had never learnt to drive a car and could not possibly have driven a getaway car. The only evidence against Tony was a statement he signed after enduring physical and psychological abuse at the hands of his RUC interrogators. Tony wrote his statement out by hand. On his statement he wrote in small letters the initials "ths stmnt mde undr duress". When read it states, "This statement made under duress". The judge at his trial thought it was "ingenious" that he would put that on his statement to signal his innocence. In the conveyor belt justice system of Northern Ireland things like innocence, and lack of evidence must not get in the way of a conviction, so Tony was convicted and sent to Long Kesh.

To try and appreciate what went through Kevin's mind as he chose what he thought to be the best of the horrible options available, try and remember the riots that rocked the Los Angeles area last spring. Think of the images of shell shocked motorists streaming out of Los Angeles on the freeways, afraid to look at the person in the next car, not knowing who to trust. Think of the residents of South Central Los Angeles as their neighborhoods were engulfed in flames and violence. During that awful period people were beaten and shot without warning, a feeling of terror descended upon the city, trapped in by the smoke from the scores of fires that raged simultaneously. Think back to that period and try and recall your personal fears, doubts and feelings. Take those fears and multiply them one hundred fold, then and only then can you start to appreciate all that raced through young Kevin's mind as he signed that false confession.

The notorious Christopher Black trial

Kevin was moved to the Crumlin Road Jail in Belfast and was to remain there without bail for the next two years. There was never a preliminary hearing or inquiry into the adequacy, or lack there of, of the Crown's evidence. Guards at the Crumlin Road constantly told Kevin that they knew who he was and who he had murdered. The Crumlin Road guards told Kevin that guards at the Maze Prison, where Albert Miles had worked and was well liked, were eager to get their hands on Kevin. One guard flatly told Kevin, "You're dead!".

Kevin said he was so naive that he went to court believing in his innocence and that he would receive justice once the facts were known, and the truth was told. Once his life sentence was read out at the Diplock court, Kevin was floored, and the reality set in that justice for an Irish Catholic in the British Justice System was never going to happen. Kevin was a defendant in the infamous "Christopher Black Supergrass Trial". The Christopher Black trial was what is known as a "supergrass" trial. The British call paid informants a "supergrass", the Irish call them "touts". A supergrass will give testimony for the state, in return for large sums of money, and leniency on criminal charges. One supergrass who was convicted of five murders, six attempted murders, and 74 other charges, was reportedly only given ten years in prison as a result of his testimony as a supergrass.

The Christopher Black trial was the longest and most expensive trial in Northern Ireland's history. The trial lasted for 21 days and cost and estimated $1.5 million dollars in court costs alone. There were 38 defendants in the trial with 35 receiving convictions, and only 3 being acquitted. Prison terms for 22 of the defendants convicted, were in excess of 4,000 years alone. One defendant who was convicted was a seventy-one year old grandmother, Rose Harvey, who allegedly let the IRA use her house. When the verdict was read by Judge Basil Kelly, it took more than 75 minutes to hand down sentences on the 160 charges.

Judges in the supergrass cases decided that the uncorroborated testimony of individuals against former accomplices was to be allowed. In fact many of those convicted at these trials, were convicted solely on the testimony of the paid informant, disregarding all other evidence. Some of these informants were convicted murderers who had previously perjured themselves in court. A Protestant clergyman at the Christopher Black trial observed, "settling old scores is not the purpose of justice". The clergyman felt the chances for a wrongful conviction in a supergrass trial, were far greater than in any other British trial. One of the defendants in the Christopher Black trial was able to produce 30 witnesses to substantiate his alibi, but all were disregarded by Judge Kelly, he was convicted.

To put on these supergrass trials it cost the British treasury a handsome sum of money for bribes, although the exact figure may never be known. Some IRA prisoners reported that bribes of five and six figures were being made, to try and induce them to become a supergrass. Secretary of State for Northern Ireland, James Prior, acknowledged at the time that hundreds of thousands of pounds were spent to pay supergrass informants.

The murder of Albert Miles was clearly carried out by the IRA. It is what is regarded in the hazy British Justice System as a "scheduled offense". A scheduled offense is one carried out by a terrorist group. Kevin Artt was charged with a scheduled offense, for the murder of Albert Miles. But at his trial there was never any proof offered that Kevin was a member of the IRA. With all the paid informers the British were using to infiltrate the IRA, surely that would be the easiest charge to prove. But it was never charged, or proven, because Kevin Artt never was a member of the IRA. The British were saying that a prominent prison official was the victim of a politically motivated murder, the killer committed a terrorist attack, but was not a member of the IRA. It clearly does not stand to reason, that Kevin Artt would commit a political murder, having no involvement in such things. There were a lot of things about the crown's case that do not stand up.

Albert Miles' widow who witnessed the murder, could not identify Kevin as the murderer in court. The murder weapon was never found. None of Kevin's finger prints were ever retrieved from the murder site. In fact Kevin had an alibi and a witness that he was several miles away at the time of the murder. The only evidence against him was the forced confession he made under extreme duress. Judge Kelly admitted at Kevin's trial that the "Case against him depends solely on his own admissions to the police. There is no other evidence against him". The judge chose to exclude all other facts except the signed confession, but the judge had his personal reasons.

The judge who convicted Kevin, Basil Kelly, is well known in Northern Ireland for his lack of affinity to Irish Catholics. Judge Kelly was the former Attorney General of Northern Ireland, as the top law enforcement officer in the colony, he failed to investigate police during a period when they seriously abused detainees in custody. Judge Kelly was also a member of the Orange Lodge. The Orange Lodge is a racist religious group that espouses Protestant superiority, and the belief that Catholics should be kept in place by all means. Every July they march through Northern Ireland, sometimes right through Catholic neighborhoods, to reinforce their message of hate by trying to install fear into the local Catholic population. The Orange Lodge's slogan is "No Surrender", which means that there is no room to negotiate with Catholics, and not one inch of Northern Ireland is to be governed by any Catholic, not even their own neighborhoods. Judge Kelly was also a member of the Stormont Parliament in Northern Ireland which was the local governing body until March of 1972, when it was dissolved due to its inability, and lack of resolve in handling the region's problems.

In 1986 Lord Chief Justice Lowry overturned 18 of the convictions in the Christopher Black trial, including two for murder. Lord Lowry felt that Judge Kelly should have examined the testimony of the informer Christopher Black more carefully. Lord Lowry fell just short of calling Black a liar, but said Judge Kelly had "overestimated his credibility". Amnesty International reports that during the 10 supergrass trials 65 of the 120 defendants were convicted solely on the basis of uncorroborated testimony given by the supergrasses. On appeal 64 of the 65 convictions were quashed, but not until the innocent victims of the trials had spent up to five years in detention. There have been no supergrass trials since 1985. At the time of the supergrass trials British authorities were beaming about their latest legal creation. Even though they have not conducted any more supergrass trials, and the legal validity of these trials has been seriously cast in doubt, the British maintain the farce that all current supergrass convictions are satisfactory. They may be satisfactory to the British, but they certainly do not meet international standards of justice.

Diplock court

Prior to the introduction of Diplock courts in Northern Ireland, the British Government arrested young Irish Catholic men and interned them without trial. The internment was without charges, and often lasted for several years. The internees were often held in camps or "cages". These cages were primitive tin huts surrounded with corrugated razor wire and armed soldiers and attack dogs. These camps had an eerily familiar look, similar to the Nazi concentration camps of the Second World War. As knowledge of these camps became public, international opinion went decidedly against the British Government. To diffuse public criticism, the British needed to create a quasi court system, that would have an air of legality to it, but still assure the incarceration of the community that opposed the British politically. So came the advent of the Diplock courts, which tried to give the facade that justice was being carried out. Brigadier Frank Kitson was the military commander for the Belfast area in 1970. In the British Army manual entitled Low Intensity Operations, Kitson stated, "...the law could be used as a propaganda cover for the disposal of unwanted members of the public".

Diplock courts are where a single judge acts as judge, jury, and executioner. All judges are appointed by the Protestant run government. Not surprisingly, the judges are overwhelmingly Protestant, and all have a loyalist outlook towards Catholics. Without juries, the judges are equipped to distribute speedy "justice. To further help the prosecution, the law regarding the admission of confessions was changed. In England the prosecution has the burden of proof, to show that a confession was not the result of torture. In Northern Ireland, the accused has the burden of proof to show that a confession was obtained by maltreatment or torture. In Report of the Commission to Consider Legal Procedures to Deal With Terrorist Activities in Northern Ireland. Cmnd.5185. para.87, Lord Diplock, who history will record was given the ignominious honor of having these tribunals named after him, stated that requiring authorities in Northern Ireland to prove that a confession was given freely was, "Hampering the course of justice...and compelling the authorities...to resort to detention (i.e. internment) in a significant number of cases which could otherwise be dealt with both effectively and fairly (emphasis added) by a court of law." In Regina v. McCormick, the judge decided that it was alright to allow, "a moderate degree of physical maltreatment for the purpose of inducing a person to make a statement ...". In his 1989 article in the Loyola of Los Angeles Intl. & Comparative Law Journal, Vol. 12, No. 1, Guy Iversen cites statistics, that close to 90% of all convictions in Diplock courts are based in whole or part on confessions. Defense counsel is not permitted to cross examine the security forces at Diplock courts. The Diplock courts have an astounding 95% conviction rate, which is exactly the result they were designed to achieve, under the pretext of due process. All of this is achieved by an overwhelming reliance on the use of uncorroborated confessions in the Diplock courts.

The "Great Escape'

After his conviction in the Diplock court, Kevin was sentenced to life imprisonment in the Maze prison, and true to the threats previously made, the guards were waiting anxiously for Kevin. The guards constantly made Kevin aware that they knew who he was, what he had done, and what they thought of him. Kevin was warned by fellow prisoners that he might be hurt or killed at the Maze. Kevin lived in a state of constant fear and apprehension every hour that he survived in the Maze prison. While Kevin was in prison he prayed to St. Jude, the saint of hopeless causes. Kevin was at the mercy of guards just waiting to avenge Albert Miles murder. The guards at the Maze had no affinity for republican prisoners. That was well documented during the IRA hunger strike of 1980 and 1981. Bobby Sands and nine other young Irishmen gave their lives in a hunger strike protesting in part, prison conditions. The prison was called "Long Kesh" during the hunger strikes, the British now refer to it as the Maze, to minimize the association of the prison with that tragic time.

Suddenly Kevin's prayers were answered and he was again given the opportunity to live before the government or their accomplices could kill him. On September 25, 1983 Kevin was approached for the first time and told that there was to be a prison break in two hours. There was indeed a mass escape planned from H-Block 7 where Kevin was housed. Kevin was asked if he wanted to join in the mass escape. Kevin once again felt a victim of circumstances: if he stayed he would probably die, and his only chance was to leave. Kevin played no part in the planning or execution of the escape, he did not injure, assault, or falsely imprison any guard or other person during his escape.

Kevin rode in the back of a food truck with other prisoners up to the main gate. When they got to the gate a guard became aware of the escape, and Kevin and others had to flee on foot. Kevin ran down the road away from the prison and then cut through several back yards. Kevin stumbled under a dense thicket and waited there until nightfall. Kevin was out of prison and without a plan. He had only learnt of the escape a couple of hours ago and now he had to decide what to do. That night Kevin crept out of the thicket and tiptoed down back alleys, once again alone and scared. Kevin found an unlocked shed in a backyard and it contained a bicycle and a ladies sweater, which Kevin put on to ward off the night chill. Kevin pedalled away on the bike and ran into a police roadblock. At the roadblock Kevin identified himself as William Johnson, a name that would not identify him as a Catholic. The police took him to a nearby police station, but let him go after an hour. It seems that St. Jude had once again saved Kevin from potential disaster.

It was evidently clear that there was no future in Belfast for Kevin Artt, as a result of his conviction and escape, the police and the army were after him. In the hysteria following the escape, The Sun newspaper described Kevin as "Britain's most wanted man", a charge which Kevin calls absurd. Thank goodness The Sun has gone on to more important stories, like where is the last place "Fergie" has been seen nude. A senior police officer described the manhunt for the escapees, "It is like trying to corner a pack of wolves". Secretary of State for Northern Ireland, James Prior, described the fugitives as "utterly ruthless". In response to the escape, Irish Prime Minister Garrett Fitzgerald stated that the Irish Republic would, "not be a haven for terrorists". It was no longer safe for Kevin in all of Ireland, he had to leave to stay alive.

Kevin made his way to America to escape the grasp of the "British Justice System". Kevin read stories of other Maze escapees who had been maltreated when re-captured, and it only reinforced his fear of living in Northern Ireland. There were press reports that the British had sent attack dogs into the prison after the escape, to attack the prisoners, and then denied the injured medical treatment for a week. Reports like that convinced the Irish Supreme Court not to extradite two men who were captured in Ireland, after taking part in the great escape. One of those men, Dermot Finucane, risked being "assaulted or injured by illegal action by prison staff at the Maze", said Ireland's Chief Justice Thomas Finley. Chief Justice Finley also stated, "I am satisfied that this court has to protect his constitutional rights". Chief Justice Finley's ruling was unanimously supported by the five judges on Ireland's Supreme Court. Living in San Francisco in 1986, Kevin saw people that he recognized from Belfast, and he believed that they had recognized him. In continuous fear of his life, Kevin took steps to adopt a new name and hopefully some distance from his past. Kevin acquired the name Kevin Keohane, identification including a passport under that name, and then moved to San Diego.

A new life in San Diego

It was in San Diego under the name Kevin Keohane, that for the first time Kevin could settle down and live a life free from persecution and police harassment. Many Americans belittle Southern Californians for their "Laid Back" attitude. But it was that exact attitude of acceptance and fairness that Kevin cherished in San Diego. People accepted Kevin based on who he really was, and under these circumstances, Kevin prospered. Kevin could work and live with out the stigma of religious and governmental persecution. Kevin met a pretty girl and fathered a lovely little daughter. Kevin worked as a car salesman and did well for himself living the "American Dream". Kevin always acted as an upstanding citizen and solid member of the community. The fingerprints on Kevin's application to obtain a license to sell cars tipped authorities to his whereabouts.

On June 3, 1992, a police officer called Kevin and asked him to come check his car in the parking lot, and when he arrived, federal agents swarmed down upon him. Kevin was taken into custody and whisked off to San Diego and later transferred to Alameda County Jail in Dublin, CA near San Francisco. He has since been taken to the Federal Detention Center also in Dublin. Kevin thinks that prosecutors have a sense of humor by sticking him in a prison in America, in a town named Dublin.

On Feb. 26, 1993, Kevin pled guilty to making a false statement in connection with obtaining a United States passport. The guilty plea was entered after Kevin was unsuccessful in persuading the court to permit the use of the necessity/duress defense in connection with obtaining the passport. Judge Charles A. Legge stated, "I really think there would have to have been a gun to Mr. Artt's head," or some other equally compelling circumstance, to justify arguing to a jury in the passport case that Mr. Artt's conduct was excusable under American law. Kevin's counsel in the extradition case, Mr. William M. Goodman, of the firm Topel & Goodman, said, "The real fight, obviously, will be at the extradition hearing, where we hope and expect to have more success". The judge's ruling does not affect Kevin's ability to raise the necessity/duress defense in his upcoming extradition trial.

The extradition request was submitted by the British government. Kevin is currently awaiting a hearing on the scope evidence to he allowed at his extradition trial. The cases of Kevin Artt and Jimmy Smyth will be the first in this country since the ratification of the Supplemental Extradition Treaty between the United States and the United Kingdom in 1987.

There is, therefore, no established legal precedent to guide the courts in determining the extent to which the defense will be permitted to introduce evidence regarding the systematic abuses inherent in the Diplock court system in Northern Ireland. Both Judge Legge, in Artt's case, and Judge Barbara Caufield, in Smyth's case, will be making important rulings on the right of the defendant to oppose extradition on the basis that his conviction was tainted by unfairness, or that the defendant would, if extradited, face persecution based upon his political or religious beliefs.

Kevin has unequivocally stated that he is innocent of the murder conviction. Kevin says that "I am as far from being a terrorist as any human being can be". Kevin's attorney for the political asylum application, Dan Lawton, of the firm Luce, Forward, Hamilton & Scripps, describes him as "A complete pacifist, Mr. Lawton also states, "Kevin is innocent, and he has never received a day of justice at the hands of the British".

Kevin feels the attempt by U.S. prosecutors to portray him as an "extreme flight risk" is silly. Federal prosecutors also tried to portray James Smyth, another Maze escapee, as an "extreme flight risk". Mr. Smyth was on bail until it was revoked at the behest of the British government. While on bail Jimmy did not attempt to run, destroying the government's stand on the bail issue. For the first time in Kevin's life he has found a place he calls home, and does not want to leave it at any cost. Kevin has spent his life running for protection, and San Diego has offered him just that. Jill Janssen the mother of Kevin's daughter, states that, "Kevin needs to come home to his family, and he needs to get a fair trial here in American. Kevin has agreed to support the final decision of the U.S. courts on this matter. Kevin has complete faith in the American Justice System. Kevin feels that once the facts of his Diplock court conviction are discussed in an American court, his conviction and the current charges against him, will ring hollow in the ears of all who will listen.

Conclusion

When the final history is written on Northern Ireland, the only conclusion will be that all the ordinary people who have lived the ordeal are victims, regardless of religious affiliation. Albert Miles was a victim, Kevin Artt is every bit as much a victim, and his saga continues to this day. When the initial press reports came out that an "IRA murderer was captured in San Diego", it was easy to despise Kevin Artt. Now that the complete story is out, you can only direct your contempt towards the corrupt system that victimized Kevin.

Kevin Artt just wants to receive justice, something that has evaded him his entire life. America is regarded as a bastion for politically oppressed peoples, symbolized by the Statue of Liberty. But after each of these politically motivated extradition trials, the bedrock of America, our justice system, is irreversibly eroded. President Clinton has promised not to allow political factors to interfere with the court system, but Kevin Artt still rots in an American jail today. Convictions in the notorious Diplock courts are legally and fundamentally flawed, as such, those convictions should not be used as the basis for an extradition proceeding.

Awaiting Kevin in San Diego is his family and friends, eager for his return so that they can get on with their lives. Scores of innocent people, Kevin included, are being punished as he waits in jail for his day in court. The distance between Kevin and his loved ones is much to far. Kevin needs to be returned to the only place he has ever felt secure, San Diego, CA. Kevin would be willing to take any measures necessary to placate the government's unwarranted fears of his fleeing.

The truth is sometimes stranger than fiction, is an old adage which in this case is true. The most imaginative novelist could not write a story with more intrigue or sorrow than the one just told. The story of Kevin Artt's life is a very powerful one, powerful because of the emotions it invokes, but more powerful because it is true. The saga of Kevin's life parallels the tragedies that have beset Northern Ireland in recent times. Remember that America was founded by the pilgrims who were trying to escape religious persecution by the British Government. In 1620 the British could be blatant about this persecution, there was no public opinion, in the 1990's there is public opinion. To divert public opinion the British developed "kangaroo courts" and "convicted" those whose political and religious beliefs they disagreed with. Kevin Artt is a modern day pilgrim who is trying to escape persecution by the British Government 1990's style. Kevin Artt should be entitled to the refuge that this country has always bestowed upon its pilgrims. Abraham Lincoln once described America as the "last best hope" for individual liberties in the world. Let us keep faith with that vision of America held by President Lincoln, by giving Kevin Artt the opportunity for the American justice that he so richly deserves.