Seán Crowe (Dublin South West, Sinn Fein)
Link to this: Individually | In context | Oireachtas source

367. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to Article 155 of the Egyptian constitution which allows President Sisi, with his cabinet's approval, to issue pardons to prisoners; if his attention has further been drawn to the fact that President Sisi has used Article 155 four times in 2016, resulting in 859 prisoners being released, with the most recent pardon focussing on 82 young prisoners; and if he will explore the viability of this option for a person (details supplied); and if he will make a statement on the matter. [37183/16]

Clare Daly (Dublin Fingal, Independent)
Link to this: Individually | In context | Oireachtas source

377. To ask the Minister for Foreign Affairs and Trade if his Department has made contact with the Egyptian authorities with a view to seeking a presidential pardon for a person (details supplied); and if he will make a statement on the matter. [37476/16]

Thomas Pringle (Donegal, Independent)
Link to this: Individually | In context | Oireachtas source

380. To ask the Minister for Foreign Affairs and Trade if he will increase pressure on Egyptian authorities to consider a person (details supplied) for the presidential pardon for young prisoners; and if he will make a statement on the matter. [37517/16]

Charles Flanagan (Laois, Fine Gael)
Link to this: Individually | In context | Oireachtas source

I propose to take Questions Nos. 367, 377 and 380 together.

At the outset, I would like to assure the Deputy that securing this citizen’s return home to Ireland continues to be a top priority for the Government. The approach to this case is under continuous review and is informed and shaped by, inter alia, constant coordination and dialogue with Ibrahim’s family and his legal representatives, by the experience and expertise of officials in the Department of Foreign Affairs and Trade, by our consultations with other States who have had citizens in similar situations, and by advice from legal and human rights experts with knowledge of Egypt.

I can confirm that the Taoiseach wrote to the President of Egypt on 17 November to convey again the Irish Government’s strong concerns about this case, and to reiterate our call for his return to Ireland without delay. In his letter, the Taoiseach specifically requested that Ibrahim be considered for release under the ‘Youth Amnesty’ Scheme. On the same day, I contacted the Egyptian Ambassadors in Ireland and also discussed this issue and request with her.

Details of this amnesty scheme are opaque. The official Egyptian Government statement on the 17 November indicates that the 82 beneficiaries of the amnesty had received ‘final judicial verdicts’ and were being pardoned under Article 155 of the Egyptian Constitution.

Article 155 relates to the Presidential Pardon mechanism whereby the President has the power, having consulted with the cabinet, to set aside or mitigate sentences. Article 155 does not give the President the power to intervene in the judicial process or release prisoners who have not been convicted.

It is not clear if or how the current youth amnesty scheme may apply to detainees, such as our young Irish citizen, who have not been convicted of any offence.

Our Embassy in Cairo is seeking further information and clarification about the operation of this scheme.

The Department of Foreign Affairs and Trade continues to engage with this citizen’s family and Irish-based lawyers, and has strongly advised them to liaise closely with his Egyptian legal team on this matter and to seek their advice and guidance on how the issue can best be pursued.