Oireachtas Joint and Select Committees

Wednesday, 1 July 2015

Joint Oireachtas Committee on Foreign Affairs and Trade

Amnesty International Annual Report 2014

10:00 am

Mr. Colm O'Gorman:

We can absolutely state that the treatment to which it has been reported Ibrahim has been subjected could constitute cruel, inhuman, degrading treatment and-or torture. There is no issue in saying that. Just to be clear, our concern for Ibrahim would not be elevated any further by changing a full stop or a comma or using the words "could" or "does". We are gravely concerned for the well-being of Ibrahim Halawa. We are gravely concerned about the fact that a 19 year old Irish kid was arrested when he was 17, that he was shot in the hand at the time of his arrest, that he was given no medical treatment and that he has been detained in an Egyptian prison for two years in contravention not just of international human rights law but also of Egyptian national law in terms of the conditions of his detention. Ibrahim has been subjected to appalling treatment during his time in prison. He should be home here with his family and continuing with his studies. What that young man has been subjected to is appalling. Our focus will remain on putting every possible pressure we can on the Government of Egypt to secure Ibrahim's release. I hope that all members of this committee and the Irish State will do everything in their power to secure his immediate release.

Senator Daly mentioned Article 143 of the Egyptian criminal code. It would be helpful to acknowledge that this is a mechanism that could be used to try to secure Ibrahim's release. The Senator will be aware of the extent and depth of our legal analysis and work on this case and I hope he will acknowledge it. He will also be aware, from our presentation to the committee yesterday, that when examining the situation in Egypt, it is all well and good for us to point out what the law requires but the simple fact is that the Egyptian criminal justice system is not operating in any way that respects international law or, very often, national law in that country. Yes, Article 143 of the Egyptian criminal code is a really important mechanism for Ireland and Ibrahim's legal team to consider in the context of discovering whether it provides an opportunity either to secure or permit his release. We will seek to do so. However, the overarching issue is that the state of Egypt, as it is currently constituted, is not respecting international human rights law or any of the laws that govern fair trial processes or due process. It very often does not seem to have a great deal of regard for Egyptian national law either. That is the difficult situation in which we find ourselves.

As we pointed out yesterday, this matter is complicated by the fact that Egypt has asserted that Ibrahim is an Egyptian national. This is despite the fact he has only ever held an Irish passport and he was obliged to pay for a visa when he entered Egypt. Egypt continues to assert he is an Egyptian national and is determined to try him as such. That presents very particular difficulties for the Irish Government when engaging in respect of his case.

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