Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 216: To ask the Minister for Foreign Affairs the reason Ireland voted against Cuba's draft resolution at the 61st session of the UN Commission on Human Rights on the question of allowing independent investigation into the situation of detainees at the United States naval base in Guantanamo, which was defeated on 15 April 2005. [14795/05]

Dermot 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, of course, 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 by the delegation of 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 Ireland and its partners voted against the draft resolution were given in a statement explaining our vote, delivered by the Netherlands on behalf of the EU Presidency. The statement 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. The resolutions are strongly supported in the Commission on Human Rights by the EU.

There was a request in the draft resolution for the United States to co-operate with the special procedures of the commission which are, in effect, 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. 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.