Written answers

Tuesday, 7 March 2006

Department of Foreign Affairs

Human Rights Abuses

11:00 pm

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 304: To ask the Minister for Foreign Affairs if the Government has information regarding the existence of secret detention centres within Irish territory or elsewhere in Europe; and if he will make a statement on the matter. [9274/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 305: To ask the Minister for Foreign Affairs if the authorities have been contacted by authorities or secret services of other countries requesting permission for the secret detention or rendition of prisoners on national territory; and if he will make a statement on the matter. [9275/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 306: To ask the Minister for Foreign Affairs if the Government has requested information from the American authorities regarding the alleged existence of secret detention centres in Europe; if so, the replies it has received to date; and if he will make a statement on the matter. [9276/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 304 to 306, inclusive, together.

I refer the Deputy to my previous replies on the subject, in particular, to Questions Nos. 43, 47, 66 and 118 of 14 December 2005. In my reply to those questions, I recorded the Government's deep concern at the allegation that there is or has been a network of secret prisons in Europe. The existence of such secret prisons would plainly be in breach of international law and of the principles upon which the EU is founded; these include liberty, democracy, respect for human rights and fundamental freedoms, and the rule of law. The Government has no information regarding the possible existence of such prisons other than what has been stated in the allegations. If the allegations were proven to be true, the Government would view such a development with the gravest concern.

In the Government's contacts with the United States authorities, on which I have reported to the House in considerable detail, most recently on 22 February 2006, we have been concerned above all to ensure that no extraordinary rendition of prisoners has occurred or is occurring through Ireland, and we have received categoric assurances from the US authorities in this respect. I am not aware of any suggestion that a secret detention centre might have operated within Irish territory, and consequently I have not raised the matter in my discussions with the US authorities. The concern in member states at the possible existence of such centres in the EU has, however, been flagged to the US, in a letter from the Presidency to the US Secretary of State, Dr. Condoleeza Rice, sent last November. The Government has not been contacted to seek its permission for the secret detention or extraordinary rendition of prisoners in or through the national territory.

On the question of secret detention centres in Ireland, I refer the Deputy to the Government's reply of 20 February 2006 to a questionnaire on the subject of what has been termed "unacknowledged deprivation of liberty", circulated by the Secretary General of the Council of Europe, Mr. Terry Davis, to its 46 member states. The reply made clear that there are no secret detention centres in Ireland and that there is no indication of any occurrence of the unacknowledged deprivation of liberty. On 1 March 2006, the Secretary General identified our reply as one of only 13 he deemed sufficiently comprehensive not to require further material.

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 307: To ask the Minister for Foreign Affairs if the Government is aware of any flights to, from or over national territory by aircraft chartered by the CIA or related agencies; and if he will make a statement on the matter. [9277/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 308: To ask the Minister for Foreign Affairs if permission was requested by the CIA or related agencies to fly to, from or over national territory; and if he will make a statement on the matter. [9278/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 309: To ask the Minister for Foreign Affairs the information required from an agency in support of a request to fly to, from or over national territory; if a passenger list would be required; and if he will make a statement on the matter. [9279/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 310: To ask the Minister for Foreign Affairs if the Government knows of the illegal transportation of prisoners on flights to, from or over national territory; and if he will make a statement on the matter. [9280/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 311: To ask the Minister for Foreign Affairs the legal basis for the transportation of prisoners through Irish territories by a third country; if the Government has ever authorised this kind of transportation; if so, the kind of assurances the Government demanded regarding the conditions under which these prisoners were held; and if he will make a statement on the matter. [9281/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 312: To ask the Minister for Foreign Affairs if the Government's attention has been drawn to landings by any aircraft that may have been involved in the illegal movement or rendition of prisoners; and if he will make a statement on the matter. [9282/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 313: To ask the Minister for Foreign Affairs if the Government knows of, or has been passively or actively involved in, the carrying out of abductions by foreign secret services on national territory or that of other States; and if he will make a statement on the matter. [9283/06]

Photo of Eamon GilmoreEamon Gilmore (Dún Laoghaire, Labour)
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Question 314: To ask the Minister for Foreign Affairs if the Government has requested information from the American authorities regarding alleged flights to, from or over national territory by aircraft chartered by the CIA which may have been used for the illegal transportation of prisoners; if so, the replies which have been received to date; and if he will make a statement on the matter. [9284/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 307 to 314, inclusive, together.

I refer the Deputy to my replies to Questions Nos. 246, 247 and 249 of 1 February, and 117, 119 and 120 of 2 February.

I know of no landings on the State's territory of aircraft which have been illegally carrying prisoners transiting Ireland. Moreover, as I have made clear to the House on numerous occasions in responding to questions, the United States has given Ireland repeated, clear and explicit assurances that no prisoners have been transferred through Irish territory, nor would they be, without our permission.

I am aware of media and other reports concerning allegations that aircraft, which it is claimed may at some stage have been used in so-called extraordinary rendition operations between countries other than Ireland, might on different occasions have transited Shannon Airport. In his reply of 13 December 2005, my colleague the Minister for Transport furnished details in regard to the movements of a small number of aircraft cited in such reports. There is no authoritative basis on which to come to a view on the truth of the allegations which have been made regarding the activity of such aircraft outside our jurisdiction. Moreover, none of these reports have included any concrete evidence or specific allegations that prisoners have been transported through Irish airports or airspace as part of an extraordinary rendition operation.

In accordance with the terms of the 1944 Chicago Convention on International Civil Aviation, civil aircraft are not required to seek permission to land here unless they are engaged in commercial operations in this country. Under the Chicago convention, such aircraft are not required to submit details of their cargo or passenger manifests when making technical stops, for example to refuel.

State aircraft, on the other hand, are required to apply for permission before landing in Ireland. In the event that the US authorities were to request such permission for a State aircraft operating for the CIA, the Department of Foreign Affairs would require, in keeping with standard practice, an undertaking from the US Embassy that the aircraft would be unarmed; would not be carrying arms, ammunition or explosives; would not be engaged in intelligence gathering; and was not taking part in military exercises or operations. These conditions are not legal requirements but are policy stipulations which are applied at the direction of the Minister for Foreign Affairs. Other data sought would include the type and registration number of the aircraft, its call sign, the purpose of the flight, the nature of any cargo, its destination and point of departure, and estimated times of arrival and departure.

On the Deputy's question on the legal basis for the transportation of prisoners through Irish territory by a third country, Irish law permits the transit through Irish territory of a person being detained by the authorities of another State in two circumstances. Section 40(1) of the Extradition Act 1965 allows the Minister for Justice, Equality and Law Reform to permit the transit through the State of a person being conveyed from one country to another upon that person's surrender pursuant to an agreement in the nature of an extradition agreement. This is subject to any relevant extradition provisions and to such conditions, if any, that the Minister thinks proper.

The Minister for Justice, Equality and Law Reform may also consent to the transfer of a sentenced prisoner through Irish territory pursuant to the Council of Europe Convention on the Transfer of Sentenced Persons 1983, when he is satisfied that Article 16 of that convention is applicable. The convention defines a sentence as a punishment involving deprivation of liberty ordered by a court on account of a criminal offence. As stated above, any authorisations in this area would be a matter for my colleague, the Minister for Justice, Equality and Law Reform.

The issues raised by the Deputy's question were also fully addressed in Ireland's reply of 20 February 2006 to a questionnaire circulated by the Secretary General of the Council of Europe, Mr. Terry Davis, to its 46 member states. On 1 March 2006, the Secretary General identified our reply as one of only thirteen he deemed sufficiently comprehensive not to require further material. I reiterate that the Government has made its complete opposition to the practice of extraordinary rendition clear on numerous occasions.

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