Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Question 4: To ask the Tánaiste and Minister for Foreign Affairs and Trade if he has discussed the case of persons (details supplied) with the Greek ambassador; if he has raised it at an EU level; and if he will make a statement on the matter. [33768/12]

Eamon Gilmore (Dún Laoghaire, Labour)
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I am aware of the situation concerning the person referred to by Deputy Ó Fearghaíl and have already addressed this matter on a number of occasions previously. As the person referred to is not an Irish citizen, it is not possible for my Department to offer him consular assistance. The Greek authorities are under no legal obligation to assist our embassy with any requests made in connection with this investigation as we have no locus standi in the matter.

However, on hearing of the predicament faced by this person, and notwithstanding the fact that he is not a citizen of Ireland, the Irish embassy in Athens made contact with the Greek police in an effort to convey the Irish Government's interest in this case on the basis that he is married to an Irish citizen. It was made clear to our embassy that the authorities in Crete would not provide them with any information regarding this investigation owing to the fact that no Irish citizen was involved in the case.

To clarify further, the embassy has certain rights of communication and contact with Irish citizens in Greece to facilitate the exercise of our consular functions under the 1963 Vienna Convention on Consular Relations. The embassy has no such rights for other persons, even if they are related to Irish citizens.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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I thank the Tánaiste for informing the House that there has been some contact by the embassy. In earlier written questions on this matter the possibility of any engagement on behalf of the family seemed to have been ruled out. I have a serious concern about this case. The young man in question is an Albanian citizen who is married to a young teacher from County Carlow. In the past, we have been able to highlight the obvious injustices to Irish-trained doctors in Bahrain, so we should also be able to reflect concern about this particular case.

Mark and Andreas Marku are two young Albanian brothers who have been wrongly condemned by failures in the Cretan justice system to 18 years' imprisonment. Their nightmare began in September 2010 and they have spent the past 18 months incarcerated in Neapoli Prison in Crete. In January this year, they were convicted of ten armed robberies, the theft of 12 cars and of being members of an armed criminal gang. My information is that Mark Marku was in Ireland in the company of his wife when a number of these crimes were supposed to have transpired.

Michael Kitt (Galway East, Fianna Fail)
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A question please, Deputy.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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Will the Tánaiste reconsider his position and engage on a political level with his opposite number in Greece? Will he also have some discussions with the Greek ambassador here?

Eamon Gilmore (Dún Laoghaire, Labour)
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As I have said, we do not have any locus standi in the matter because the person concerned is not an Irish citizen. Given that he is married to an Irish citizen, however, we did attempt to make contact with the Greek police to see if we could be of some assistance and make inquiries about the matter. As Deputy Ó Fearghaíl has said, the man concerned, who is an Albanian citizen, was arrested in Crete on 16 September 2010. He was one of several others who were charged with being members of an armed criminal organisation, ten armed robberies, the theft of 12 cars, armed assault, possession of illegal arms and possession of drugs.

In January 2012, he was charged with and subsequently convicted of these offences and sentenced to 18 years imprisonment. The Minister of State, Deputy Creighton, met with Mr. Marku's parents-in-law on 3 July regarding the case, at which time she advised them that as Mr. Marku is not an Irish citizen there is no consular role for the Irish Government in the case. I understand an issue has arisen in regard to documents which would show that Mr. Marku was in Ireland. Again, the conduct of a criminal case is a matter for the presiding judge. It would be a matter for Mr. Marku's defence lawyers to ensure that the relevant documents are provided.

My Department can authenticate documents executed in Ireland that are to be used in court cases in other countries. However, authentication of a document simply confirms that a particular signature, seal or stamp appearing on a document is genuine. Unfortunately, this is not a case in respect of which we can make direct consular representation as Mr. Marku is not an Irish citizen.

Seán Ó Fearghaíl (Kildare South, Fianna Fail)
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If it is not possible to provide consular representation can the Tánaiste make political contact on this matter? Can he, for example, call on the Greek authorities to ensure that the appeal in this case is expedited and could he make arrangements to have our embassy represented at the appeal hearing so that we can at least hear first hand what is going on? The lawyer representing Mr. Marku stated in recent correspondence that he would characterise the trial as a trial of purpose and that Mark's guilt had been decided by the court, with no consideration of his allegations or the facts.

Official documents produced by the defence which sought to prove Mr. Marku had been married in this country and was resident here at the time, were described by the prosecution as forgeries. I would expect that the Department of Foreign Affairs could at least defend the authenticity of legal documents produced in this country and offered in evidence elsewhere.

Eamon Gilmore (Dún Laoghaire, Labour)
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It would not be appropriate for me to intervene politically in this case any more than it would be appropriate for the Greek Foreign Minister to raise with me a matter that is before the Irish courts. It would not be appropriate or helpful if I were to make any comment on the trial, verdict or appeal process. That would also not be helpful to the man concerned. I do not propose to do so.

If Mr. Marku's defence lawyers wish to authentic documents here, this can be done through the consular section in my Department. We are happy to do so. As I stated, we have taken an interest in this case. Our embassy in Athens has attempted to have the issue raised with the authorities in Greece. The Minister of State, Deputy Creighton, has met with the Irish in-laws of the man concerned. We are open to maintaining that contact but we cannot intervene inappropriately in what is a judicial matter in another member state of the European Union.