Published Monday, 09 July 2012
Corey appeared at Belfast's High Court on Monday. (© UTV)
Martin Corey will be released on unconditional bail, following a new ruling on Monday which found the 61-year-old's human rights were breached when the Parole Commissioners refused to free him.
Corey was recalled to prison amid allegations of operational activity within the Continuity IRA, but judicial review proceedings centred on the alleged secrecy surrounding his jailing.
Then-Secretary of State Shaun Woodward put Corey behind bars in April 2010 on the basis of "closed material", but Corey's lawyers said he was not given enough information for the move.
The Lurgan man was originally jailed for life in 1973 for murdering two RUC men, and served 19 years before being freed on licence in 1992.
Despite a number of protests calling for Corey to be freed, in August last year the Parole Commissioner decided a revocation of his licence should remain in force.
They considered open evidence of alleged involvement with dissident republicans, and confidential material unseen by Corey and his representatives.
Mr Justice Treacy held there had been a breach of Article 5 (4) of the European Convention on Human Rights which states that anyone deprived of their liberty can have the lawfulness of detention decided speedily by a court.
He found that the Secretary of State's case against Corey was based solely on closed material, and the open allegations either had no factual basis from which they could be rebutted or were insufficiently specific to enable attempts to refute them.
Mr Justice Treacy also ruled that the Parole Commissioners misdirected themselves in law and failed to provide a sufficient safeguard against the lack of full disclosure.
He stated: "I'm going to remit the matter to the Commissioners to reconsider the matter in light of the judgment of the court.
"I propose to release the applicant on unconditional bail."
Corey was also awarded legal costs in bringing the challenge.
SDLP MLA Dolores Kelly said the closed material cases are "a blight on the sacrosanct principle of open justice".
"The decision today to grant Mr Corey bail is a welcome step in the right direction and I look forward to further moves being made to ensure that any case against him is open, transparent and accountable on both sides of the legal argument," she said.
Sinn Féin MLA Raymond McCartney welcomed Mr Corey's release, adding: "The British government now need to end the pursuit of Martin Corey and drop any further attempts to intern him in the way they have."