Dáil debates

Thursday, 17 December 2015

Ceisteanna - Questions - Priority Questions

Human Rights Issues

10:00 am

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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5. To ask the Minister for Foreign Affairs and Trade if he is aware that a person's (details supplied) trial took place on 15 December 2015; the specific assistance the Irish Embassy in Cairo in Egypt gave to this person and the person's legal team in advance of and at this trial; his future plans to ensure that the person is released and allowed to return to Ireland. [45623/15]

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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On Tuesday, the trial of Irish citizen Ibrahim Halawa in Egypt was postponed yet again. His trial has been postponed ten times and is now due to take place on Saturday, 19 December. If convicted he faces the death penalty. Last Sunday, he marked his 20th birthday in prison, his third birthday in jail, and I attended a sad, though good-natured, vigil at the embassy at the weekend. I put forward this question to discuss the case and to ask what assistance the embassy has been giving to Ibrahim and his legal team in advance of the trial and to hear again from the Minister any future plans he has to ensure Ibrahim is released and returned home to his family in Ireland.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I am aware of the hearing that took place in Egypt on 15 December concerning this citizen. Officials from our embassy in Cairo attended this hearing, as they have all previous ones, and met directly both with members of this citizen's family and with his Egyptian legal team who represent him in court. At this most recent hearing, the trial was adjourned for five days until Saturday, 19 December, due to the non-attendance of one defendant. This citizen and his family have been the recipients of comprehensive consular assistance from my Department and as well as attendance at his trial hearings, the individual in detention has been visited on numerous occasions by embassy officials, most recently on 23 November. Numerous interventions have been made with the Egyptian authorities on his behalf at the very highest levels. The Government has also formally supported applications that have been made by this citizen's legal team in Egypt for his release on bail and under the presidential decree, law 140. The key focus of our extensive engagement on this complex and sensitive case remains securing this citizen's best interests in so far as we can, working to see him released by the Egyptian authorities at the earliest possible opportunity, and providing consular support for his welfare while he remains in detention.

This exceptional level of action has been taken by the Government and by my Department because of the very particular nature of this case – he was a minor at the time of his arrest and the group nature of his trial gives rise to particular concerns. We will continue to take all appropriate action that we believe to be in the best interests of this citizen. However, the reality is that any decision to release this citizen will ultimately be taken by the Egyptian authorities, not by the Irish authorities.

Given that the trial is ongoing, the Government has to be extremely careful to ensure that its actions, both public and private, are well judged and do not detract from our key goal of securing positive progress for this citizen at the earliest possible time. I am aware that there are those who do not agree with the Government's approach but I would appeal to all those who also have this citizen's best interests in mind to ensure that their actions and public statements are not such that they could jeopardise our considered and concerted efforts to achieve positive progress for this citizen. The Government's considered view remains that the firm, measured and sustained diplomatic approach we are taking continues to be in his best interest and represents the best hope to achieve his return to Ireland at the earliest possible date.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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We are all on the same page on this. We all want to see him come home and the only difference is how this can be achieved. I welcome the fact that the ambassador to Egypt, Damien Cole, was present at Ibrahim's trial on Tuesday. I also welcome the consular assistance Ibrahim is getting. Will the Minister confirm that the Irish Embassy has access to a translator who speaks the legal, formal Arabic that is used in the Egyptian courts? I understand that legal Arabic is quite different from the usual Arabic spoken every day.

Significant concerns have been raised by Ibrahim's family that he has only been able to meet his Egyptian legal team once while in prison. There were reports in the media to this effect, as there were about his international legal team. Is the Minister concerned about this? This case has been going on for approximately three years but he has only met his team once. He also seems to have no access to details of the charges against him.

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I assure the Deputy that the concerns raised by him and others are treated with the utmost gravity and importance by the Irish Government. We continue to keep in very close contact with the citizen, and with his family here in Dublin, while he is in detention.

There have been many different views and suggestions for actions on the case. We keep the possibilities for action under ongoing review in light of the best information available on developments. However, I assure the House that we are guided at all times by what action is most likely to achieve positive practical progress for our citizen at the earliest possible date. In the meantime, pending the hearing of the case, we have raised the issue of concern regarding prison conditions. I assure the Deputy that the matters of the citizen's health and welfare, access to a legal team and prison conditions are all under constant discussion with our team in Cairo and at headquarters in Dublin.

10:10 am

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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The Egyptian embassy has been briefing Deputies, Senators and Members of the European Parliament on this case. Is the Minister concerned about some of the information emerging at these briefings that seems to be erroneous? There was a suggestion that the prisoner addressed the court in regard to his hunger strike. My information is that there is no opportunity to address the court. We are being told it is not a mass trial but the fact that the court case is not going ahead would indicate it is. Is the Minister concerned about that?

The motion in the European Parliament today calls on the European External Action Service, through the EU delegation in Cairo, to get involved in the case of this European citizen. Will the Irish authorities request the service, on the basis of its international standing, to monitor the case of Ibrahim Halawa and use whatever resources it has available to it in this regard?

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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I note the debate in the European Parliament. The Deputy will be aware that I have specifically raised this case through discussion with High Representative Mogherini on a number of occasions. She has assured me that the case of the Irish citizen will continue to remain high on the European Union's bilateral agenda with Egypt until his release. The European Union remains supportive of our position and, on several occasions, has raised its support for our concerns with the Egyptian authorities at appropriate opportunities.

While we continue to take all appropriate action that we believe to be in the best interest of the citizen in question, the reality remains that any decision regarding his release will ultimately be taken by the authorities in Cairo, Egypt, and not by the Irish authorities.