Written answers

Thursday, 7 July 2016

Department of Foreign Affairs and Trade

Human Rights Issues

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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157. To ask the Minister for Foreign Affairs and Trade if he is aware that on 15 June 2016, at the European Parliament's Subcommittee on Human Rights, representatives of the office of the High Representative of the Union for Foreign Affairs and Security Policy, Commissioner Federica Mogherini, confirmed that due to the worsening human rights situation in Egypt Ms Mogherini is now making public statements on individual cases; and if he has asked the Commissioner to make a public statement on the case of a person (details supplied), given that he is the only citizen of an EU member state who is in an Egyptian prison, especially now that the person's trial has been postponed for the fourteenth time. [20175/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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All actions taken in this case are considered in the context of the Government’s clear strategy, which is focused on two core objectives. First, to see this citizen released by the Egyptian authorities so that he can return to his family and his studies in Ireland as soon as possible, and, second, to provide every possible consular support for his welfare while he remains in detention.

Regarding the specific reference to the intervention of an EEAS representative in the European Parliament Subcommittee on Human Rights on 15 June, I am aware through my officials that the EEAS representative highlighted the statements made in recent months by the HRVP spokesperson on the human rights situation in Egypt. Individual cases, including that of this citizen, have been regularly raised with the Egyptian authorities at all levels.

All of the sustained and focused actions that have been taken by the Government, the Department of Foreign Affairs and Trade and our Embassy in Cairo throughout this case have been aimed at furthering our clear and well-established objectives, and importantly, avoiding any action that could be counterproductive or detrimental to this citizen’s interests.

There has been sustained engagement at a variety of levels between the Irish Government and our partners in the European Union on this citizen’s case.

Our focus has been on securing and maintaining the support of EU High Representative for Foreign Affairs and Security Policy and Vice President of the Commission, Federica Mogherini and that channel continues to be very helpful.

I have engaged extensively with the EU High Representative who – at my request - has personally raised this citizen’s case with the Egyptian Government. I corresponded with her most recently on 6 June and will be in contact with her again in the coming days.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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158. To ask the Minister for Foreign Affairs and Trade if he has met with the family and legal team of a person (details supplied); if he has met with the Egyptian ambassador to Ireland; and if he will now request a presidential decree under Law 140 from the President of Egypt, Mr. Abdel Fattah el-Sisi, to ensure the person is released from prison and returned here immediately, given that the person's trial has been postponed. [20176/16]

Photo of Charles FlanaganCharles Flanagan (Laois, Fine Gael)
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I can assure the Deputy that securing this citizen’s return home to Ireland has been and continues to be a top priority for the Government.

The Irish Government is pursuing every avenue to secure the release of this citizen and will continue to bring all of our influence to bear on his behalf through all appropriate channels. Significant resources continue to be deployed by the Department of Foreign Affairs and Trade, both in Cairo and in Dublin, in the provision of comprehensive consular assistance to both this citizen and his family.

I and my Government colleagues are extremely disappointed at the news of a further delay in the trial of this citizen. This latest delay is a particular source of concern and frustration for the citizen and his family and we fully share their sense of frustration. I met with this citizen’s father and sister on Tuesday 28 June, in advance of the hearing, to reaffirm our continued commitment to securing his release.

A further meeting between the family and my officials took place on Friday, 1 July, where the latest developments were reviewed and options for future action, including a new application under Presidential Decree 140, were considered. The Irish Government intends to lend its full support to a further request for release under the Presidential decree/Law 140, and will continue to work in support of these efforts. I further met with members of the Halawa family today (7 July 2016) before and after a parliamentary debate on this consular case.

My own concerns and that of the Government about this delay have been conveyed directly to the Egyptian Government. I met with the Ambassador of Egypt last Thursday and asked that she convey to her authorities in Cairo my disappointment and frustration at this further postponement of the trial. The Taoiseach spoke by phone with President el-Sisi on Monday last, 4 July, to convey the Government’s concerns directly to the President and to renew our call for this citizen to be released. He again met members of the Halawa family today (7 July 2016).

All actions taken in this case are considered in light of the Government’s clear objectives: first, to see this citizen released by the Egyptian authorities so that he can return to his family and his studies in Ireland and, second, to provide consular support for his welfare while he remains in detention. The considered approach and sustained action that has been taken by the Taoiseach, Ministers and by the Department of Foreign Affairs and Trade to date 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.

In addition to engagement with the Egyptian authorities, the Government also frequently engages with other states who have had citizens in similar situations, with our European and international partners represented in Egypt, and with the European Union. I have engaged extensively with High Representative Ms Federica Mogherini, who has raised this case with Foreign Minister Shoukry. The Taoiseach has also discussed this citizen’s detention at the highest level with President el-Sisi on three occasions, and those lines of communication remain open. The Egyptian Government is in no doubt about the Irish Government’s position and our desire to see our citizen released as soon as possible.

Ultimately, any decision to release this citizen will be made solely by the Egyptian authorities. Irrespective of any views regarding the fairness or appropriateness of any detention 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.

Officials in the Department of Foreign Affairs and Trade, both in Dublin and in Cairo, remain in ongoing contact with the citizen’s family. They will continue to engage appropriately with the Egyptian authorities, will remain resolute in seeking to protect the interests of this Irish citizen, and will do all possible to achieve a positive outcome. They also liaise closely with his Egyptian legal team and have attended all trial hearings to date. The Department also undertakes regular consular visits to him in prison, and the most recent visit took place on Sunday last, 3 July.

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