Written answers

Tuesday, 27 January 2009

Department of Foreign Affairs

Human Rights Issues

9:00 pm

Photo of Willie PenroseWillie Penrose (Longford-Westmeath, Labour)
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Question 144: To ask the Minister for Foreign Affairs the contacts that he has had with a transition team appointed to advise President Obama through the special committee established to discuss the future of Guantanamo and extraordinary rendition; the details of such contacts, meetings and the conclusions which were reached. [1957/09]

Photo of Micheál MartinMicheál Martin (Cork South Central, Fianna Fail)
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The Cabinet Committee on Aspects of International Human Rights to which the Deputy refers was established last autumn. As part of its remit, the Committee has reviewed the Programme for Government commitments in relation to our total opposition to extraordinary rendition. As requested by the Committee, the Embassy in Washington on my instructions made early contact with the transition team of the new US Administration to seek a clear statement of intent that (i) extraordinary rendition would cease and would not resume during the new President's term of office; (ii) the detention facility at Guantánamo would be closed at the earliest opportunity; and (iii) intensive interrogation techniques such as water boarding, which are internationally considered to constitute torture, would be clearly prohibited.

As the Deputy will be aware, on 22 January President Obama signed three Executive Orders which address these issues. The first of these requires that the Guantanamo detention facility shall be closed as soon as practicable, and at the latest within one year. I warmly welcome this move, for which Ireland has been calling for several years. A further Executive Order on ensuring lawful interrogations provides that all persons detained following armed conflicts shall, in all circumstances, be treated humanely and shall not be subjected to violence or to outrages to personal dignity. In this regard, the Attorney General-designate, Mr Eric Holder, has made clear during his confirmation hearings that he regards "water-boarding" as a form of torture. President Obama also established a Task Force which will have among its functions that of evaluating the policy of transferring individuals to third countries to ensure that it complies with all obligations and is sufficient to ensure that all individuals do not face torture and cruel treatment if transferred. We will convey our strong support for the steps taken to date in future contacts with the new Administration at both political and official level, and will continue to follow developments carefully.

At the meeting of the General Affairs and External Relations Council yesterday, my EU colleagues and I welcomed the President's decision and began a discussion on how EU Member States might support the closure of Guantanamo. It is clear that there is a range of complex legal and practical issues to be addressed, including the possible resettlement of certain detainees, but we will approach these in a positive spirit and look forward to further dialogue with EU partners and the US Administration. I will remain in close touch with the Minister for Justice, Equality and Law Reform, with a view to consideration by the Government at an appropriate time of any specific proposals.

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