Seanad debates

Thursday, 10 December 2015

Commencement Matters

Human Rights Issues

10:30 am

Photo of Katherine ZapponeKatherine Zappone (Independent) | Oireachtas source

Mr. Ibrahim Halawa, an Irish citizen, will celebrate his 20th birthday in three days and has spent more than 800 days in pre-trial detention in an Egyptian prison for allegedly taking part in an anti-Government protest in Cairo. Not unlike many others concerned for his life, health and well-being, I sent him a birthday card through our Department of Foreign Affairs and Trade, and I hope the message will be passed to the Irish Embassy in Cairo so Ibrahim will know we have not forgotten him and I keep him in my heart.

Protection of the right to liberty and from arbitrary detention is included in all human rights treaties. It is a rule of customary international law. Detention may be characterised as "arbitrary" on the basis that it continues for an unjustifiably long period or there is a delay in bringing the accused to trial. As the Minister is aware, there have been continual adjournments of Mr. Halawa's trial over the past two and half years and the next date is scheduled for 15 December. That will be the tenth time he has been brought to trial. On the ninth time his trial was adjourned, it was due to a judicial ruling that all 494 defendants must be present for the trial to proceed and a couple were not present due to illness. The arbitrariness of his detention is one of the prime reasons I have requested the Minister to provide an update on Ibrahim Halawa's legal case and to outline the Government's actions since his last trial date of 4 October 2015, which ended in adjournment until 15 December.

I am aware of and deeply respect the personal commitment of the Minister to support the release of Ibrahim and the immense work done by him and his officials in the Department of Foreign Affairs and Trade and our Irish Embassy staff in Cairo. As he knows, I had an extended meeting with the Minister's officials prior to Mr. Halawa's last trial date and I heard first-hand an outline of the Minister's actions, strategies and assessment of diplomatic advice taken from other jurisdictions with citizens in similar circumstances. I now request an update of actions since 4 October and I hope the Minister might also give us an indication of how we are supporting Ibrahim's access to his lawyers prior to 15 December.

My understanding from meetings with the international team is that the precise charges Mr. Halawa faces remain unclear and there is no evidence against Ibrahim set out in the charge sheet. Ibrahim has been living in appalling prison conditions, with a lack of medical treatment, and letters from him describe regular beatings, being stripped naked in front of inmates and guards and being hit with metal chains. There is insufficient access to daylight and exercise. Journalists report that a recent letter stated that he is merely "waiting in a queue for my turn on a death row" and his family claims that he has fainted on four occasions in recent weeks as his condition weakens.

Given the lack of evidence and clarity in the charges, along with the lack of access to lawyers, prolonged detention, cruel treatment and the precedence of mass trials in Egypt, a fair trial appears impossible. It is a time of great urgency, as I know the Minister understands. That is why I hope the Minister's reply will indicate what new actions he has taken or will take to step up the pressure for Mr. Halawa's release. I know the Minister is aware that this is no longer a time for aspiration but it is time to secure his freedom and bring him home.

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