Dáil debates

Thursday, 1 May 2014

Topical Issue Debate

Human Rights Issues

4:40 pm

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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I thank the Ceann Comhairle for allowing this Topical Issues matter to be chosen. It, and the abduction of the young girls in Egypt, are two glaring recent examples of an appalling abuse of human rights. We know what happened in Egypt on one particular day. A total of 683 men were sentenced to death by the Egyptian criminal court. They were accused of murder, attempted murder, burning a police station, belonging to a banned group, etc. The same day 37 out of 528 sentenced to death at a previous trial were given the death sentence while the rest - 491 - were given life imprisonment instead. On the same day, the court also banned the April 6 Youth Movement, a peaceful secular movement which led to the protests in 2011. All these examples raise serious concerns regarding the judiciary.

One Middle Eastern academic said that the sentences have demonstrated a dangerous overlap between the executive branch and the judiciary and that these are political decisions and not judicial ones. A hearing lasted eight minutes, no evidence was heard through the defendants, no evidence was heard from legal representatives, the defence was not allowed to cross-examine and the judge did not review evidence. Mr. Colm O'Gorman, executive director of Amnesty International, stated:

Today's decisions [the 28 April decisions] once again expose how arbitrary and selective Egypt's criminal justice system has become. The court has displayed a complete contempt for the most basic principles of a fair trial and has utterly destroyed its credibility.
Regardless of possible overruling of those sentences, it has had a devastating effect on the defendants, on their families and on democracy. What has happened is putting democracy and the democratic process at risk because one wonders whether the regime, with the judiciary, can be trusted to hold free and fair elections. It is most alarming that the head of Al-Qaeda stated: "What happened is the biggest proof of the failure of democratic means to achieve an Islamic government". He called on the Brotherhood to give up democracy to join the Jihad and establish a truly Islamic state.

A response is vital and it is up to the international community to speak out. What has our response been? Has our ambassador in Egypt made known our concerns about this matter? Has the Egyptian ambassador to Ireland been called into a meeting with the Minister of State or the Tánaiste on this matter? We have a strong voice. We are on the UN Human Rights Council, we have a reputation and we can be a much stronger voice on this matter. What will the Tánaiste do at the next meeting of EU Foreign Ministers because after all, the EU is Egypt's biggest trading partner? We saw the action taken against Russia in regard to Ukraine and the action taken against Syria. Here we have a gross abuse of democracy in a country but what are we saying about that issue?

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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I thank the Deputy for raising this important issue which has justifiably elicited much concern in Ireland and internationally. Ireland is strongly opposed to capital punishment under all circumstances and we continue to seek its universal and permanent abolition. Ireland has consistently called on all states to immediately adopt a moratorium on executions, with a view to eventual abolition, most recently at a high level panel on the issue at the 25th session of the UN Human Rights Council in March 2014. Abolition of the death penalty is also a core value for the EU, which is incorporated into EU political and human rights strategies with our bilateral partners.

The verdict of the Minya court, which in March issued 529 death sentences on individuals convicted of a variety of offences, including the murder of a policeman, after a two day trial, and then on 28 April condemned a further 683 defendants to death for a similar set of charges, is extremely troubling and poses very serious questions for the conduct of the rule of law in Egypt. The commutation of 492 of the earlier capital verdicts to life imprisonment does little to assuage concerns over the rights of the defendants and the current operation of the Egyptian justice system. While Ireland supports the separation of powers under Egypt's constitution, we also stress that the Egyptian authorities have a basic duty to ensure that constitutional protections of human rights are upheld, as is the rule of law and observance of binding international obligations to protect fundamental rights.

It is impossible to see how these trials could be regarded as in any real way meeting basic requirements of due process and the right to a fair trial, with most of those accused tried in absentiaand many deprived of adequate legal representation or, indeed, any opportunity to present a defence. The swiftness of these extraordinary trials contrasts very sharply to the failure to date to ensure accountability in the many instances of security force responsibility for the killing of hundreds of protestors last summer.

I hope that all possible appeal procedures will be employed to review urgently these appalling sentences. Last month, the Tánaiste made clear to this House our strong condemnation of the conduct of the original trial and the mass death sentences passed. Earlier today, officials from the Department of Foreign Affairs and Trade met with Egyptian embassy representatives to reiterate Ireland's strong concerns about both of these trials, our opposition to the death penalty in all circumstances and our urgent request to the Egyptian authorities to review these verdicts and ensure that Egypt abides by its obligations under international law and fully protects the basic human rights of its citizens.

There has been widespread international criticism of the verdicts issued in Minya, including by the UN High Commissioner for Human Rights who described the latest verdict as outrageous. EU High Representative Cathy Ashton, commenting on 29 April, referred to the mass trials as being "clearly in breach of international human rights law". The High Representative also raised this case directly with Egyptian Foreign Minister Nabil Fahmy when they met in Brussels last month. International concern relates not just to the lack of due process and failure to comply with international human rights standards but equally the highly damaging effect which these verdicts may well have on efforts to promote greater inclusivity and overall reconciliation within Egypt.

Ireland and our EU partners will continue to closely monitor developments in regard to the Minya trials as the appeals process continues. This will include active consideration of what further diplomatic steps can be taken, including in Cairo, to relay our serious concerns and urge review by the Egyptian authorities.

Photo of Maureen O'SullivanMaureen O'Sullivan (Dublin Central, Independent)
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I thank the Minister of State. Concrete steps are being taken but I am not too sure how strong they are or how effective they will be. As the Minister of State knows, some months ago, the Irish section of AWEPA welcomed members of parliament from Egypt, Tunisia, Yemen and Libya and both he and the Ceann Comhairle met them. A significant part of the discussion we had was how collectively as parliamentarian we can show support for other countries' transition towards democracy and that together we have a strong belief in democratic institutions and that they will uphold fundamental human rights principles. There is a very serious danger to the whole democratic process by what is happening.

It is even going against the Egyptian constitution because article 96 states that those accused of a crime are presumed innocent until proven guilty in a fair legal trial in which the right to defend one's self is guaranteed. It also goes against the International Covenant on Civil and Political Rights to which Egypt is a state party. It limits the circumstances in which a state can impose the death sentence.

The UN Human Rights Committee has said that in cases of trials leading to the imposition of the death penalty, scrupulous respect of the guarantees of a fair trial is particularly important. All of those have been breached by Egypt in the recent decisions that have been made.

In the final part of his reply the Minister of State indicated that Ireland and its EU partners would continue to closely monitor developments. One could ask how strong a response is that and is the EU with Ireland as a strong voice prepared to go further and to consider other issues including sanctions against Egypt? Much of Egypt’s trade is with Europe. Could we consider tying human rights into trade and therefore be a stronger voice when it comes to human rights?

4:50 pm

Photo of Joe CostelloJoe Costello (Dublin Central, Labour)
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Ireland co-sponsored a cross-regional statement on the human rights situation in Egypt at the United Nations Human Rights Council in March this year. That was the 25th session of the UN Human Rights Council. It concluded before any of the trials under discussion had taken place. We will have to examine carefully the situation in Egypt in the June session in terms of what has transpired since with the trials and the verdicts that have been imposed. We will bring the recent background into the equation as well.

Earlier today, our officials met with embassy officials from the Egyptian side and all of the points mentioned by Deputy Maureen O’Sullivan were raised and discussed. The situation from an Irish point of view was made very clear. Last month, the Tánaiste was on record in this House articulating the Irish position. The European Union has articulated its position through Baroness Catherine Ashton. I agree with Deputy Maureen O’Sullivan that there is a role for the European Union to play. Through the European Union we have strong human rights conditions incorporated into all our trade agreements and it is very important to ensure that those are meaningful and have teeth. The European Union and Ireland will keep a very close eye on the situation.

There is no doubt that what has happened is totally unacceptable. I accept the Deputy’s point that it raises the question of the separation of judicial powers from executive powers. We are appalled by the decisions that have been taken, the manner in which they have been taken and the short space of time in which the court sat. It is a case of the highest importance and one on which we will focus most closely in the future. I assure the Deputy that we will monitor the appeals very closely as they proceed, both in our embassy in Egypt and in the Department of Foreign Affairs and Trade.

The Dáil adjourned at 5.35 p.m. until 2 p.m. on Tuesday, 6 May 2014.