Dáil debates
Tuesday, 22 March 2011
Priority Questions
Human Rights Issues
3:00 pm
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Question 19: To ask the Tánaiste and Minister for Foreign Affairs his views regarding the treatment of a person (details supplied) who is being held by US authorities in conditions that Amnesty International has described as inhumane; if he will raise these concerns with the US authorities; and if he will make a statement on the matter. [5285/11]
Eamon Gilmore (Dún Laoghaire, Labour)
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I am aware of the case referred to by the Deputy and of the remarks made by Amnesty International. As the individual referred to is the subject of legal proceedings, it would not be appropriate for me to comment in this instance. I understand that President Obama has intervened on the issue.
It is the responsibility of every state to uphold the right to due process of all individuals detained in its jurisdiction, including to trial within a reasonable time or to release. It is also the responsibility of all states to ensure that persons deprived of their liberty are treated with humanity and with respect for the inherent dignity of the human person.
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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The Tánaiste referred to Amnesty International's concerns in this case. Is he aware that the detention of the individual in question appears to violate Article 10 of the International Covenant on Civil and Political Rights dealing with the detention of prisoners and of the UN standard minimum rules for the treatment of prisoners? Is the Tánaiste further aware that Manfred Nowak, UN Special Rapporteur on Torture, is to carry out an investigation into the detention of this individual?
Given, as I stated earlier, Ireland's well deserved reputation for defending human rights throughout the world, will Ireland take a stand on this issue? I, as much as anybody else in this Chamber, respect President Barrack Obama who made torture at Guantanamo Bay and so on one of the planks of his campaign. It is important to be consistent, in particular for a President who has given hope to so many of us in progressive politics.
Eamon Gilmore (Dún Laoghaire, Labour)
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The United States of America ratified the International Covenant on Civil and Political Rights in 1992. Article 10 of that covenant requires that "All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person". I would expect no less from the US authorities than that they would ensure that Mr. Manning is held in conditions which are in accordance with their obligations as a state party to the ICCPR.
With regard to Guantanamo, Ireland has consistently called for the closure of the Guantanamo detention centre and for the bringing to trial or release of those detained there. We, along with our EU partners, are disappointed at recent developments and at the resumption of military trials of detainees. When I met last week with US Secretary of State Clinton, I expressed the Government's disappointment at the recent decision to maintain the Guantanamo detention facility and expressed the hope that all remaining inmates would be released or brought to trial.
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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I am sure the Tánaiste shares my concern for this individual who is being locked up for 23 hours a day in a 72 foot cell and who has been, at times, stripped naked. The Tánaiste may have read some of the recent news articles in Ireland on this issue which is causing a great deal of concern.
The Programme for Government commits to ensuring rendition flights are not passing through Shannon. Will the Tánaiste assure us that there will be, at the very least, an investigation by his Department into what has happened to date and that Shannon is not being used as a thoroughfare for this type of activity? I refer again to our well deserved reputation in defending human rights internationally. There can be no room for grey areas.
Eamon Gilmore (Dún Laoghaire, Labour)
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I agree with the Deputy that Ireland has a well deserved reputation for defending human rights. We do not defend human rights on a selective basis. For this reason, it is our expectation that the United States authorities will ensure Mr. Manning is held in accordance with the terms of the convention to which it is a party.
With regard to Shannon, the Deputy may take it that Shannon will not be used as a means of rendition, facilitating torture or any other activity which violates human rights.
Pádraig Mac Lochlainn (Donegal North East, Sinn Fein)
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Will the Tánaiste have his Department carry out an investigation into what has happened to date?
Eamon Gilmore (Dún Laoghaire, Labour)
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I am aware that the Council of Europe has carried out an investigation. Clearly, any evidence brought to our attention will be investigated.