Written answers

Thursday, 3 May 2018

Department of Foreign Affairs and Trade

Human Rights Cases

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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54. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact the deadline for appealing a 20 March 2018 decision from a chamber of the European Court of Human Rights, ECHR, regarding the torture of persons (details supplied); and if he will support the request of these persons to appeal the 20 March 2018 decision to the Grand Chamber of the ECHR. [19382/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I refer the Deputy to my answer to question no. 70, Ref No: 17815/18, on Tuesday, 1 May 2018, which is repeated here.

On 20 March last, the European Court of Human Rights issued its judgment on the Government’s application for a revision of the ruling in the 1978 Ireland v UK case. The ruling is being fully considered by the Government. It is important to note that, although the Court dismissed the Government’s application for a revision, nothing in the ruling alters the Court’s original 1978 judgment that the men suffered inhuman and degrading treatment, in breach of Article 3 of the European Convention on Human Rights.

The question of seeking a referral of the ruling to the Grand Chamber of the European Court of Human Rights is a decision for the Government, taking account of advice from the Attorney General. There is a window of three months after the judgment by the Court for a referral.

No decision has yet been reached on this matter. The ruling needs to be considered fully and carefully and that is now being done.

My thoughts at this time are with the men who were subjected to the appalling treatment and who have had to deal with long-lasting adverse effects in the decades since. I met with a group of the men and close family members of some of the other victims and their legal representatives on 24 April, in order to hear their views and experience.

They are understandably disappointed with the ruling by the European Court of Human Rights in March. I listened very carefully to their views on this ruling, and those of their legal representatives. I also noted that any further information or views that they may wish to provide as the Government considers the ruling by the European Court of Human Rights should be provided to my Department as soon as possible and this will be considered fully.

My Department has maintained contact on an ongoing basis with the legal representatives of the men and their families as appropriate, since the Government submitted an application in 2014 for a revision of the 1978 Ireland v UK case. This contact will be maintained in the period ahead.

Photo of Seán CroweSeán Crowe (Dublin South West, Sinn Fein)
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55. To ask the Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that four men in Bahrain were recently sentenced to death by a Bahraini military court on charges of trying to kill the head of the country’s armed forces (details supplied); if he will raise the cases with his Bahraini counterpart; and if he will request their release and for Bahrain to end the use of capital punishment. [19383/18]

Photo of Simon CoveneySimon Coveney (Cork South Central, Fine Gael)
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I am aware of the case raised by the Deputy, and I am concerned by reports of the conduct of this trial, and by the original death sentences imposed.

I am also aware that the death sentences of the four men in question were commuted by King Hamad bin Isa Al Khalifa last week and that life sentences have now been imposed. Ireland condemns the use of the death penalty in all circumstances, and I welcome that these death sentences have been commuted. I am, however, deeply concerned about the renewed use of capital punishment in Bahrain since 2017, which was extremely disappointing since Bahrain had not used the death penalty since 2010. The continued imposition of death sentences throughout 2017 and 2018 remains a cause for grave concern. This move is a backwards step in Bahrain’s efforts to improve its human rights record, and only serves to reinforce the concerns that I have recently expressed in this House about the deteriorating human rights situation in Bahrain. Ireland is unequivocal in its stance on the death penalty. We oppose its use in all circumstances, and in particular in cases where there are allegations of unfair trials preceding its implementation. The abolition of the death penalty is one of Ireland’s international priorities, and my Department regularly conveys our stance on this issue to all countries where the death penalty is still in use.

Ireland’s concerns about human rights issues in Bahrain are regularly conveyed to the Bahraini authorities, including through the Bahraini Embassy in London and through Ireland’s (non-resident) Ambassador to Bahrain. In February of this year, officials from my Department met with the Ambassador of Bahrain in Dublin, and raised Ireland’s concerns about the human rights situation in Bahrain.

Officials from my Department have also raised our concerns about Bahrain in relevant human rights fora. At the Human Rights Council in Geneva in March 2018, Ireland made reference to Bahrain in our national Item 4 statement, highlighting our grave concerns over the ending of the defacto moratorium on use of the death penalty, and “reaffirmed our strong and unequivocal opposition to capital punishment in all circumstances and for all cases”. Ireland also supported an EU statement under Item 4 (Human Rights situations that require the Council’s attention) which reiterated calls on Bahrain “to maintain its commitments as to the respect of freedom of speech and human rights defenders.” Officials from my Department had previously raised ongoing human rights concerns with Bahrain in the context of its Universal Periodic Review, which took place in Geneva in May 2017.

My Department will continue to monitor the situation in Bahrain, and will continue to call on the Bahraini Government to make good on their stated commitment to make progress in the area of human rights, including in relation to the death penalty.

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