Frank Ryan out of Jail

On the 23^rd May he wrote as a P.S.: "Since writing the above, I have made the big discovery that Franco himself gave special instructions some considerable time ago that, in this particular case of Frank Ryan, nothing should ever be done in the way of reducing his sentence without his personal consent. You can measure the difficulties we have had to overcome by knowledge of the fact that the obstacle to be overcome is Franco himself." [15]Kerney had at an earlier stage engaged the services of a Spanish lawyer, Baron de Champourcin, as legal adviser to the Legation. The latter had connections with both Spanish and German intelligence. At about this time Champourcin suggested that perhaps German influence could be brought to bear on Franco to bring about Ryan's release.[16] As all other avenues had failed, Kerney decided to try this approach as a last resort. Kerney reported that this would be done through the Gestapo but he may have been told this in order to mislead him as in fact it was the Abwehr, the German military intelligence, which was involved and they apparently laid down the condition that Kerney was to know nothing of their intervention. There was no communication, direct or indirect between him and the Germans. [17]

Through Champourcin various contacts were made between the Germans and the Spaniards and a direct approach made to Franco to obtain a pardon and release. It was reported that Franco had given his approval on the 3^rd July and that the process had been set in operation; on the 6th July Kerney sent a telegram to Dublin to this effect, however on the 12^th Champourcin was told that Franco had found it impossible to sign the order, but had instead given an order for an "escape" to be organised, this being in reality a hand-over of Ryan to the Germans with the express stipulation that he should leave Spanish territory and not return. This was possible to arrange as the Germans were now in possession of the Franco-Spanish border. This outcome was not what Kerney had hoped for, but in the circumstances there appeared to be little choice in the matter. The reason for Franco's reversal, within a week, of his earlier decision has never been explained [18] . What Kerney did not know at that time was that, independently, there was a move by German intelligence to get Ryan out of jail which had been instigated by the Clissmanns, then living in Denmark, who were friends of his from before the war. Kerney visited Ryan on the 12^th July to inform him of what was going on, and the "escape" took place shortly after. Kerney reported that following some hitch on the 15^th, he was finally informed that all was arranged for the night of the 24^th. He had asked Champourcin to witness the event to make sure that nothing untoward happened, so after 2 am on that night, a small convoy from Burgos headed for the French frontier at Hendaye; there were two cars, one containing two Falangistas, the other the Germans and Frank Ryan; they were followed at a distance by Champourcin and behind that again at a discreet distance was Leopold Kerney who trusted neither the Spaniard nor the Germans. Champourcin had then gone ahead and reaching Irun, left his car in the town and made his way on foot to the international bridge between Irun and Hendaye. The other two cars arrived at about 8.30 am, the papers were quickly produced and the barrier lifted allowing through the car containing Ryan and the Germans. As they were passing, Champourcin saw Ryan in his car and the latter gave an imperceptible sign of recognition. Kerney was able to watch the proceedings from a distance.[19]

According to Kerney's report of 26^th August 1940, his view was that decisions must have been taken at high level in Berlin and he surmised that "Irish elements in the U.S.A. or elsewhere" anxious to secure Ryan's liberty may have been in contact with Berlin. He concluded:

" It also has to be noted that Franco rejected all Irish appeals in favour of Ryan, even when precedents had been created by the release of others; if he had granted a pardon, Ryan would have remained under Irish control and supervision; he authorised and ordered a very unusual procedure, as a concession to Germany and not as a concession to Ireland; he authorised the placing of this alleged dangerous communist at Germany's disposal - a gesture which could conceivably have unpleasant consequences for the Irish Government, and therefore anything but a friendly gesture towards Ireland.

It is natural enough that relations between German and Spanish intelligence services should be very close; there are apparently certain services which the head of the State is ready to render to Germans even if this means exposing himself to reproaches by other friends.

If Frank Ryan is alive and at liberty today, we have no reason to thank the Spanish Government, and the result has been secured in spite of opposition from the highest quarter."[20]

Official notification was received from the Spanish Foreign Office on the 4^th November that the War Office had informed them that Ryan had been transferred to Dueso Prison, Santander, on the 15^th July and had escaped on the 20^th July. They had no further information. This was the official explanation. [21] It should be borne in mind that the German operation to get Ryan out of the Spanish jail was carried out on the express condition that their involvement should not be made known. [22] This was also in the interest of the Spaniards who needed to lend credibility to the "escape" story and could not be seen to have acted under the influence of the Germans. Stories appear therefore to have been concocted to this end by both the Spaniards and the Germans. Champourcin reported that he had been told by his German friends that he could inform Kerney that Ryan had escaped with American help and that he had actually reached the U.S.A. [23] Ryan himself must have been primed to the same effect as he writes in his letter dated 20th August 1940 that on the occasion of his "recent unceremonious departure .... My American friends were in a hurry and could give me no time for leave-taking". [24]

The release of Ryan into the custody of German military intelligence has been described as having taken place "with the connivance of the Irish minister in Madrid, Leopold Kerney" [25] . Apart from being a loaded word, the use of the word "connivance" is irrelevant and at best indicates a lack of comprehension of the situation which is accurately described in the documents mentioned above. The fact is that the handover of Ryan to the Germans was on the direct orders of Franco and was not approved by the Irish minister who could only confine himself to ensuring the safety of Ryan while on Spanish soil, as was his duty. The order given by Franco concerning Ryan's release apparently countermanded an earlier undertaking to have him pardoned and released in the usual way, which was the outcome Kerney was trying to obtain. Although himself a republican, Kerney was a follower of de Valera and did not suppport Ryan's political views and methods. His brief was to get Ryan out of jail. Once out, he had expected Ryan to make his way to the U.S.