Written answers

Tuesday, 4 April 2006

Department of Foreign Affairs

Human Rights Issues

9:00 pm

Photo of Jimmy DeenihanJimmy Deenihan (Kerry North, Fine Gael)
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Question 101: To ask the Minister for Foreign Affairs the position of the Government with regard to the detention centre at Guantanamo Bay; if he has communicated with his US counterpart on this issue recently; and if he will make a statement on the matter. [13014/06]

Photo of Brian O'SheaBrian O'Shea (Waterford, Labour)
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Question 106: To ask the Minister for Foreign Affairs his views on the Hamdan case currently before the US Supreme Court which challenges the US Administration's practices in holding persons with recourse to the Geneva Conventions; and if he will make a statement on the matter. [13107/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 101 and 106 together.

Ireland has raised the issue of the detainees in Guantanamo Bay with the US authorities on numerous occasions. Most recently, the Taoiseach raised concerns regarding Guantanamo Bay at his meeting with President Bush in Washington on 17 March 2006, which I also attended. President Bush said that he fully understood the Taoiseach's concerns and that he would also like to close the detention facility when possible. President Bush also noted that the US Administration was awaiting a ruling by the US Supreme Court on the use of army tribunals to try detainees in Guantanamo. I understand that the case referred to was Hamdan v. Rumsfeld, which came before the Supreme Court on Tuesday, 28 March 2006 and which challenges the legality of the 2001 military order establishing military commissions to try terrorist suspects. The Supreme Court's decision is expected in July 2006.

Ireland holds the view that those detained in Guantanamo must be treated in accordance with the requirements of international human rights law and international humanitarian law. This position is shared by the EU. I have made it clear that I endorse the UN Secretary General's view that those held in Guantanamo Bay should either be charged or released, and that the US should close this facility.

While we continue to press for the closure of the Guantanamo facility and for respect for the principles of international law, the legality of the 2001 military order under US law is a matter for the US courts to determine.

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