Joe Costello (Dublin Central, Labour)
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Question 103: To ask the Minister for Foreign Affairs if he will make a statement on the present position in Afghanistan, including the position of those detained in Bagram, in view of the international concerns which have been expressed in this regard. [3687/08]

Eamon Gilmore (Dún Laoghaire, Labour)
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Question 114: To ask the Minister for Foreign Affairs his views on the Amnesty International Report on the risks faced by prisoners in Afghanistan handed over by the International Security Assistance Force to the National Directorate of Security in terms of human rights and guarantees of protection from cruel and inhuman treatment including torture. [3681/08]

Dermot Ahern (Louth, Fianna Fail)
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I propose to take Questions Nos. 103 and 114 together.

In December 2007, the General Affairs and External Relations Council adopted Conclusions reaffirming the EU's commitment to long-term support for Afghanistan. The goal, in cooperation with the Afghan government, remains to extend stable and legitimate government and the rule of law to all parts of Afghanistan. It is of course also extremely important that the Afghan government make further meaningful efforts to address issues of concern such as drug production, tackling corruption, institutional reforms and the weakness of the rule of law.

As regards the question of detainees, the Amnesty International report published in November 2007 considered the issue of the possible complicity of the International Security Assistance Force (ISAF) in their torture or ill-treatment through transferring them from ISAF to Afghan authorities. Amnesty International concluded that ISAF states may be complicit in this treatment and that if they are to comply with their international legal obligations, they must temporarily suspend all transfer of detainees to the Afghan authorities.

The report goes on to make the point that 'ISAF, the Afghan government and relevant partners must urgently address the human rights concerns relating to the treatment of detainees. They should', it continues, 'develop a comprehensive approach to reform the Afghan detention system in general and the National Directorate of Security (NDS) in particular'. At the same time, the report does not recommend that ISAF participants reduce their engagement in Afghanistan or that ISAF should take over the judicial functions of the Afghan state. ISAF's response to the report was that it has no evidence of mistreatment or torture of detainees who have been transferred by it to Afghan custody.

Ireland's strong view is that all countries who have contributed forces to the international effort in Afghanistan, be they part of ISAF or other military operations — including US forces who operate the Bagram base — would adhere to international human rights law and international humanitarian law.

There are seven members of the Permanent Defence Force currently serving in staff appointments at ISAF HQ in Kabul. Irish personnel have never been involved in any way in the transfer of detainees to the Afghan authorities.