Written answers

Thursday, 23 November 2006

Department of Foreign Affairs

Human Rights Issues

5:00 pm

Photo of Olivia MitchellOlivia Mitchell (Dublin South, Fine Gael)
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Question 70: To ask the Minister for Foreign Affairs if he has had recent discussions with his American counterparts regarding the rendition practices of the US; and if he will make a statement on the matter. [39502/06]

Photo of Richard BrutonRichard Bruton (Dublin North Central, Fine Gael)
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Question 83: To ask the Minister for Foreign Affairs if he has had recent discussions with his European counterparts regarding the use of rendition by the US administration; and if he will make a statement on the matter. [39501/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 70 and 83 together.

As I have made clear on many occasions, the Government is completely opposed to the practice of so-called extraordinary rendition. Our position in this regard is regularly discussed with the US authorities. Most recently, I had the occasion to discuss the matter with the new US Ambassador, when we met at the beginning of this month. I am satisfied that the assurances we have received from the US authorities, that prisoners have not been transferred through Irish territory, nor would they be, without our permission, remain valid.

Within the EU, the matter continues to be discussed by the Working Group on Public International Law, COJUR. At political level, the subject was discussed most recently by Ministers over lunch at the GAERC on 15 September. Ministers reiterated the EU's commitment to combating terrorism effectively, using all legal means and instruments available, while ensuring that in so doing, human rights and humanitarian standards are maintained.

In September, my Spanish colleague, Miguel Angel Moratinos, accepted an invitation to appear before the European Parliament's Temporary Committee on the alleged use of European countries by the CIA for the transport and illegal detention of prisoners. As the House will be aware, I have accepted a similar invitation, and I will be meeting with the Temporary Committee in the near future.

Separately, the Committee of Ministers of the Council of Europe continues to consider proposals made in this area by the Secretary General of the Council of Europe, Mr Terry Davis, on foot of his earlier enquiries. The Secretary General's proposed measures include drawing up minimum standards to prevent human rights abuses by security services, in particular foreign security services active on the territory of a Council of Europe member state, mechanisms to enforce existing human rights obligations with respect to transiting aircraft, and a legal instrument permitting diplomatic immunity to be waived in cases of serious human rights violations. In early September, the Committee of Ministers took note of the Secretary General's proposals and agreed to resume consideration of them at one of its forthcoming meetings. Ireland has welcomed the Secretary General's initiative and looks forward to further detailed discussion of them.

Photo of Bernard AllenBernard Allen (Cork North Central, Fine Gael)
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Question 73: To ask the Minister for Foreign Affairs if he has undertaken efforts to contact the Government of Libya regarding the imprisonment and scheduled execution of a person (details supplied); and if he will make a statement on the matter. [39509/06]

Photo of Dermot AhernDermot Ahern (Louth, Fianna Fail)
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I am aware of the case referred to by the Deputy. Although some of the details remain unclear, we have followed it in coordination with the Missions of our EU partners in Tripoli, and will continue to do so. The person concerned has been detained for over two years. The Libyan authorities have stated that he has been charged with certain offences but the exact details have not been made known. The death penalty can be applied to some offences under the Articles of the Criminal Code which are involved, but it is not clear that this would necessarily apply in the case in question. A verdict and sentence have not yet been delivered.

The Deputy will be aware that this case has been followed closely by a number of NGOs, including Human Rights Watch, which has reported that the charges may relate to criticism of the Libyan leader and to contact with foreign authorities, possibly including a U.S. diplomat. I understand that the case is being pursued in particular by the authorities of the United States, where a number of relatives of the person involved are believed to live. He was released from detention on a previous occasion following intervention from the United States. There has been a significant improvement in relations between Libya and the US in recent years, although full diplomatic relations have yet to be re-established.

Since 2003, Libya has taken important steps in order to normalise relations with the international community. Relations with the EU have also improved significantly. The EU recognises the positive developments in the human rights situation in the country, but continues to monitor the situation closely and to highlight issues of ongoing concern.

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