Written answers

Wednesday, 4 May 2005

Department of Foreign Affairs

Human Rights Issues

9:00 pm

Photo of John GormleyJohn Gormley (Dublin South East, Green Party)
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Question 246: To ask the Minister for Foreign Affairs the reason Ireland voted at the Commission on Human Rights in Geneva against a draft resolution on the question of detainees in Guantanamo Bay submitted by Cuba on 14 April 2005, despite the fact that the European Parliament adopted a resolution on 28 October 2004 calling for an impartial and independent investigation of the allegations of torture; and if he will make a statement on the matter. [13955/05]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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The Government has, on a number of occasions, made known its concerns to the US Government regarding the treatment and status of the detainees held at Guantanamo Bay. It shares the view of the European Parliament that these detainees should be treated in accordance with the requirements of international human rights and humanitarian law. The Government also recognises the danger posed by terrorist networks such as al-Qaeda. Together with our EU partners, we remain committed to countering all forms of terrorism while upholding the highest standards of international human rights and humanitarian law.

The draft resolution on the detainees in Guantanamo Bay, to which the Deputy refers, was tabled at the Commission on Human Rights, CHR, by the delegation from Cuba on 14 April 2005. The draft resolution was defeated in a vote taken on 21 April 2005, with all EU partners who are members of the commission, including Ireland, voting against, following full and detailed consideration of the issue. The draft resolution was opposed by 22 commission members and supported by eight.

The reasons that Ireland and its partners voted against this draft resolution were given in a statement explaining our vote which was delivered by the Netherlands on behalf of the EU Presidency. This reiterated the EU's condemnation of all acts of terrorism, while emphasising its commitment to human rights and international humanitarian law standards for the Guantanamo detainees. The statement noted that resolutions on the protection of human rights, in the context of the fight against terrorism and of arbitrary detention, already addressed the fundamental issues underlying the Cuban draft resolution. These resolutions are strongly supported in the Commission on Human Rights by the EU.

As regards a request in the draft resolution for the United States to co-operate with the special procedures of the commission, which in effect are special rapporteurs and independent experts on the issues in question, the EU statement recalled the fundamental importance it attaches to full co-operation by all states with these mechanisms. It noted with satisfaction that the United States has already started discussions on the modalities for a visit by special procedures to Guantanamo Bay and indicated that the EU would welcome an early visit. The EU statement also noted that some countries, including Cuba, refuse to allow such visits to their own territories and prisons and called on these countries to change their attitude. In this regard, the EU statement observed that introducing a resolution calling on the United States to act in manner which Cuba refused to do, risks damage to the work and credibility of the commission.

I understand that the United States has facilitated regular visits by the international committee of the Red Cross to Guantanamo Bay. In this regard, the ICRC does not have access to prisons maintained by the Cuban Government. I would welcome an early decision by the United States Government to facilitate a visit by special procedures of the CHR to Guantanamo Bay.

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