Dermot Ahern (Louth, Fianna Fail)

Torture is among the most abhorrent violations of human rights. It undermines the inherent dignity of the person and is, therefore, unacceptable and unjustifiable. Ireland, through a range of legal and policy measures, has signalled its recognition that freedom from torture is a right which must be protected and promoted.

Among the conventions to which Ireland is a party are the European Convention on Human Rights and the European Convention for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment. The Government is extremely conscious of Ireland's obligations under the European Convention on Human Rights, including Article 3 thereof, which prohibits torture and inhuman or degrading treatment or punishment.

The European Court of Human Rights has held that Article 3 imposes a positive obligation on states to prevent torture. A state is obliged under the convention to take measures when it knows that there are substantial grounds for believing that a person faces a real risk of being subjected to torture. The Government is satisfied that this is not the situation in the use of Irish airports by the US authorities.

On several occasions, the Government has made clear to the US authorities that it would be illegal to transit prisoners for rendition purposes through Irish territory without the express permission of the Irish authorities, acting in accordance with Irish and international law. The US authorities, for their part, have confirmed time and again that they have not done so and that they would not do so without seeking the permission of the Irish authorities. No request for such authorisation has been received from the US authorities to date.

The Government will continue to follow the long-standing practice whereby details supplied to the Department of Foreign Affairs in this area by the US authorities are accepted in good faith as being accurate.

The Minister for Justice, Equality and Law Reform has stated in the House that An Garda Síochána would conduct a full investigation of any case where a credible claim of criminal activity has been made.

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