Pat Breen (Clare, Fine Gael) | Oireachtas source

Senator Daly has tabled a motion on the imprisonment of Mr. Ibrahim Halawa. Before reading the motion, I ask the secretariat to distribute a letter. As I arrived here this morning the Minister for Foreign Affairs and Trade issued a letter. He has asked me to read it to the committee as he is anxious that it is put on the record. It reads:

Dear Chairman,

I wanted to write to you to update you and the Committee on the case of Irish citizen Ibrahim Halawa, particularly in respect of the court proceedings over the weekend and the reports that Ibrahim was being tortured.

The Court Case on Sunday

The postponed preliminary hearing of the case involving Ibrahim Halawa took place in Cairo on Sunday 29 March. Officials from Ireland's Embassy attended, including our Ambassador Isolde Moylan. This hearing was different to previous postponed hearings - all the defendants were present and the judge indicated that he would accept oral/written submissions from the lawyers present on behalf of their clients.

The very first submissions made related to minors and students. As part of this group Ibrahim Halawa's lawyers formally presented an application for his release and specifically referred to his youth, his student status and his Irish nationality. Among the documents submitted was a formal diplomatic note from the Embassy confirming the support of the Government for the application for his release, and other documents supporting the application that had been sourced with the assistance of the Department of Foreign Affairs and Trade. The fact that the Irish Ambassador was present in the Court was noted. The trial was then adjourned until 26 April to allow for consideration of the petitions made. Lawyers have informed my Department that a decision on the petition is unlikely to be made before 26 April.

Reports of Torture

I was genuinely horrified over the weekend to hear the reports that had been made to the Department of Foreign Affairs and Trade and in the media that Ibrahim was being tortured.

The welfare of an Irish citizen imprisoned abroad is a matter taken extremely seriously by the Government, and the very serious nature of the suggestions of torture being made led to immediate action being taken by the Consular Division of my Department and the Embassy in Cairo to clarify the situation. These initial investigations over the weekend indicated that the reports of torture appeared to be inaccurate.

However, as it was not possible for Embassy officials to speak directly to Ibrahim himself during the court proceedings on Sunday, Ambassador Moylan herself made an urgent consular visit to the prison yesterday (Monday).

That was last Monday. The letter continued:

She met with prison officials and had a visit during which Ibrahim was able to talk freely to her.

While imprisonment abroad is traumatic for any young Irish citizen, I was very relieved to hear that following her visit the Ambassador has reported that Ibrahim looked well, was in relatively good spirits and has not suffered any serious mistreatment, torture or abuse. Nor had he been housed in a death penalty cell as had been suggested in some reports over the weekend.

As such, based on the facts established by the Ambassador through direct contact with Ibrahim himself, the reports of torture were unfounded. Unfortunately, they may also have been damaging to our ongoing efforts in this case as they attributed to the Egyptian authorities a level of maltreatment and abuse that is not accurate.

The Ambassador did note that Ibrahim was sharing a cell with convicted criminals, and requested that he be moved to a more appropriate area of the prison - a request agreed to by the prison authorities.

I am aware that this is a very difficult time for the Halawa family, as it would be for any family in these circumstances. The Department of Foreign Affairs and Trade is keeping them fully informed of developments. The Department will continue to work cooperatively with them to make positive progress towards our shared goal which is Ibrahim's return.

As the Committee Members are aware, where Irish citizens are charged with offences abroad, it is the foreign court which decides matters such as bail and release. Just as politicians here cannot interfere with legal cases ongoing before the Irish courts, Ireland cannot directly interfere in cases before foreign courts. However, we continue to work on this case and to give all appropriate support to Ibrahim and his family. The lodgement of a formal diplomatic note of support for the release application in the Court is an important practical example of this solidarity.

Now that a formal application for release is being considered by the Egyptian court, it remains the considered view of the Government that the work necessary to assist in reaching a positive outcome in this case, which is ongoing and continuous, is best done in a low key, measured and resolute fashion.

The actions taken by me and my officials at all times are, and must be, guided by the fact that there is a young Irish citizen in prison abroad and subject to a foreign judicial system. I am grateful for the constructive approach that Members of the Committee have taken to date, and Iwould ask for their assistance in reminding all concerned that, however well meant, injudicious or intemperate public statements or actions may have a negative impact on Ibrahim's plight - rather than assisting the situation, they may in fact be contrary to his best interests.

I would also like to reassure you and the Committee that an enormous amount of work has been done on this case by the Department of Foreign Affairs. There is no other consular case receiving higher priority in my Department.

I am aware of the unfair and unfounded suggestions that the Department is failing to act or doing less because of Ibrahim Halawa's name or because of his Egyptian heritage. These unhelpful comments are so easy to make and so difficult for the officials involved to dispute. I would like to reassure you and Members of the Committee that any assertion that the Department is treating Ibrahim Halawa less favourably than how it might treat another Irish citizen is utterly untrue and entirely without foundation.

I am also aware of various calls for additional action by the Government. We keep all aspects of this case, including the Department's own approach under review. At all times, the key consideration for me and for the officials working on this case has been, and will continue to be, to take the action that is in Ibrahim Halawa's best interests. This is a complex case and our approach has to be based on the practical realities of how a consular service must act to best protect their citizens abroad. I will continue to keep the Committee briefed as appropriate through you Chairman, but I hope Members will appreciate that some of our work will be done quietly, but resolutely, behind the scenes and we would not propose to be making extensive public comment on all aspects.

I intend to be active on this case in the coming days and will be in touch with you again before the Easter break.

With kind regards,

Yours sincerely,

Charles Flanagan, T.D.

Minister for Foreign Affairs and Trade

That is the letter from the Minister for Foreign Affairs and Trade to update us on the situation.

As the committee will know, I am in touch with him on a weekly basis on this matter and I am also in touch with Ms Isolde Moylan. I have also been in touch with the Egyptian Embassy in Dublin on this case. The committee has taken a serious interest in this case over the past number of months and will continue to do so to maximise our input into getting Mr. Halawa released.

Senator Daly has tabled a motion on the matter which reads: "That the Joint Committee on Foreign Affairs and Trade requests the Taoiseach to contact the President of Egypt in relation to Ibrahim Halawa's case." I call on him to move his move and speak on the matter.