Aengus Ó Snodaigh (Dublin South Central, Sinn Fein)
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Question 17: To ask the Minister for Foreign Affairs if his attention has been drawn to a report published in February 2009 by the UN special rapporteur on the promotion and protection of human rights and fundamental freedoms which found that Spain's law of political parties violates fundamental freedoms by criminalising as support of terrorism conducts that do not relate to any kind of violent activity; if he will raise this matter at a European level in view of the fact that the Spanish blacklisting of certain political parties has EU wide consequences for those parties; and if he will make a statement on the matter. [15863/09]

Micheál Martin (Cork South Central, Fianna Fail)
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I am aware of the report of the visit to Spain in May 2008 by the Special Rapporteur on the protection of human rights and fundamental freedoms while countering terrorism, Mr. Martin Scheinin, which was presented to the United Nations Human Rights Council in Geneva on 10 March 2009.

The Special Rapporteur noted that Spain has a vibrant democracy albeit with a continuing presence of domestic terrorism and a threat of international terrorism. He found that the basic legal provisions in the Spanish Penal Code regarding the combating of terrorism were sound. The representative of the Czech Republic, on behalf of the EU, thanked the Special rapporteur for his report.

Spain is confronting a serious terrorist threat in the form of continuing ETA violence. Since the breakdown of the 2006 ceasefire, there have been various acts of violence by ETA including killings of police officers, a former politician and a contractor involved in the Madrid-Bilbao rail link.

The Spanish security forces and legal system have dealt with this situation within the framework of the Spanish penal code and their Law on Political Parties. This Law allows inter alia for parties which promote or legitimate violence to be declared illegal. Throughout the EU, the rules on the registration of political parties are determined at national level. Indeed, this principle is specifically recognised in Regulation (EC) 2004/2003 which sets out the funding regulations for European-level political parties.

I understand that the Spanish Government has rejected a number of the views put forward by the rapporteur. In particular, it does not accept that its legal framework could impact on its human rights obligations. Nevertheless the Spanish Government has expressed readiness to continue dialogue on points which could strengthen its existing framework.

Finally, I would recall that ETA has been included on the EU list of terrorist organisations since December 2001. By a unanimous decision of the EU member States, Batasuna was added to this list on 4 June 2003. In taking this decision, the Council was satisfied that Batasuna was a terrorist organisation and that it was an alias of ETA.

Mary Upton (Dublin South Central, Labour)
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Question 18: To ask the Minister for Foreign Affairs if his attention has been drawn to the reports that seven members of the Baha'i community have been imprisoned under false allegations in Iran; and his views on the efforts he can make to promote the rights of the Baha'i community. [15366/09]

Micheál Martin (Cork South Central, Fianna Fail)
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The situation of members of the minority Baha'i faith in Iran has long been a matter of serious concern to the Government and to members of the Oireachtas.

There is in Iran no tolerance of the Baha'i faith, which is regarded as a heretical or apostate offshoot of Islam. In recent years, there has been a serious and progressive increase in harassment of individual Baha'is, and worrying indications that these are part of a concerted effort by the Iranian authorities to destroy the Baha'i faith and community as a whole. I have replied in detail to Parliamentary Questions about these issues on a number of occasions.

Particular concern has arisen in relation to the group of Baha'i the Deputy refers to, five men and two women, who were detained in March and May 2008, and held in Evin Prison in Tehran, without any charge, for nine months. During this period their only outside contact was a family visit of ten minutes approximately once per month, and the five men are understood to have been held in a single cell with no bed.

We understand that these seven people constitute an informal leadership group, attempting to maintain links among the Baha'i communities throughout Iran. Their arrest gives rise to particular concern because of the fate of the previous Baha'i leadership, who in 1980 in the early days of the Islamic Republic were arrested and never seen again. The successor leadership were also arrested in 1981 and executed.

The seven Baha'i currently in custody have been charged with a number of offences, including; running an illegal organisation, anti-regime propaganda, insulting religious values, and espionage on behalf of Israel. These are obviously very serious charges, which could lead to the application of the death penalty, and the basis for which must be seriously questioned. My concerns are heightened by the fact that the lawyers for the accused have been unable to see them at all, have been denied access to the case files, and have themselves been subject to public criticism and harassment. There seems very little prospect of even a semblance of a fair trial in these circumstances.

I have directly raised my concerns regarding the treatment of the Baha'i with members of the Iranian Government, including with Foreign Minister Mottaki at the United Nations General Assembly in September 2008 and with Deputy Foreign Minister Safari in Dublin in June 2008. In December 2008, I wrote to Foreign Minister Mottaki on human rights concerns in general, and I raised the issue of the Baha'i and the case of these seven representatives in particular. I said in that letter that I have directly raised my concerns regarding the treatment of the Baha'i with members of the Iranian Government, including with Foreign Minister Mottaki at the United Nations General Assembly in September 2008 and with Deputy Foreign Minister Safari in Dublin in June 2008. In December 2008, I wrote to Foreign Minister Mottaki on human rights concerns in general, and I raised the issue of the Baha'i and the case of these seven representatives in particular. I said in that letter that : "It is difficult in these circumstances to avoid the conclusion that the Government and authorities of Iran are actively trying to suppress a religious faith."

I recently received a lengthy response from Foreign Minister Mottaki, which I am studying closely. However, his reply would not appear to go beyond previous statements by the Iranian authorities on human rights issues or provide the necessary assurances in relation to the specific treatment of these seven detained Baha'i.

The European Union has repeatedly drawn attention to the oppression perpetrated against the Baha'i faith and its members by the Islamic Republic of Iran. This has taken the form of communications to the Iranian authorities, public statements, and action in other forums such as the UN. Officers of my Department met with the Iranian Ambassador to Ireland just last month, to reiterate my concerns, and members of my Department's Human Rights Unit have also met recently with representatives of the Baha'i community here. I will continue to follow this case with great concern, and to bring our views to the notice of the Iranian authorities.