Written answers

Tuesday, 21 April 2015

Department of Foreign Affairs and Trade

Irish Prisoners Abroad

Photo of Richard Boyd BarrettRichard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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187. To ask the Minister for Foreign Affairs and Trade if he will provide a timeline of his communications with the Egyptian regime in the past three months regarding an Irish citizen (details supplied); the position expressed by the Irish Government on the detention and release of this person; and if he will make a statement on the matter. [15278/15]

Photo of Charles FlanaganCharles Flanagan (Laois-Offaly, Fine Gael)
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This is a repeat of my answer to Priority Question No. 2

Our objectives in this case are clear. Firstly to see this individual released by the Egyptian authorities so that he can return to his family and his studies in Ireland, and secondly to provide consular support for his welfare while he remains in detention. The considered approach and sustained action that has been taken by me and my officials in this case has been to further these objectives, and most importantly to avoid any action that could be counterproductive or detrimental to his best interests.It is important to bear in mind the role of the Irish Government where citizens are imprisoned abroad. Irrespective of any views regarding the fairness or appropriateness of any arrest abroad, the reality is that where an Irish citizen is charged with an offence under the law of a foreign country, it is the foreign law that applies and it is the relevant foreign court which decides matters such as bail and release. The decision to release this individual either on bail or on any other basis, will be a decision that is made solely by the Egyptian authorities.

Since this citizen was originally detained in August 2013, I, and officials in my Department including our Embassy in Cairo, have raised this case with the Egyptian authorities regularly and consistently. In addition, he has received consular visits from Embassy official on 37 occasions. I can confirm that the Irish Government has formally supported both the application by this citizen’s lawyers for his release and return to Ireland under the November Presidential decree, and the more recent application for his release on bail. Our official support for this citizen’s release has been duly communicated to the Egyptian authorities in formal diplomatic notes that have been included in the documentation submitted to the court and the authorities by his lawyer.

I have spoken to my Egyptian counterpart on numerous occasions, both in person and on the telephone. On 4 March I met with Assistant Foreign Minister Hisham Badr and discussed the case with him in some detail. On 2 April I spoke again with my Egyptian counterpart, Minister Shoukry to underline the Government’s support for the formal applications that have been made for this individual’s release – both for the formal application for bail, and for the application that has been made for release under the Presidential decree on foreign prisoners. I also took the opportunity to highlight key humanitarian concerns – including this individual’s youth, his absence from his studies and the length of time in detention without conviction.

The individual’s trial has started, with the next hearing scheduled for 26 April. All of the information we have received indicates that it is highly unlikely that there will be any decision as regards his release until the court makes its decisions. We continue to review our approach and actions in this case, but we are guided at all times by the two key objectives set out above. Given that the trial has now commenced and a formal petition for his release on bail is currently being considered by the Egyptian courts, my Department must exercise restraint in its public comment. This is entirely consistent with our approach in other consular cases, in line with our clear objectives in this case and what we firmly believe to be in this citizen’s best interests and to be most likely to contribute to a positive outcome for him.

We remain in ongoing contact with this individual and his family, and will continue to offer full consular support.

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