Paul Murphy (Dublin South West, Anti-Austerity Alliance)
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26. To ask the Minister for Foreign Affairs and Trade his views on the comments by the United Nations High Commissioner on Human Rights that a person (details supplied) has been subjected to torture; and the efforts he is making to secure this person's release. [11949/16]

Charles Flanagan (Laois, Fine Gael)
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Significant resources continue to be deployed by my Department, both in Cairo and in Dublin, in support of our objectives in this case. Those objectives, as previously reported to the House, are to seek the release of this citizen at the earliest opportunity so that he can return to his family and his studies in Ireland, and to provide consular assistance to the citizen and his family while he remains in detention. In support of these objectives, the Government has engaged extensively with the Egyptian authorities and repeatedly underlined the importance which we attach to this case. I have had numerous discussions with my Egyptian counterpart and HRVP Mogherini about this case, and officials in my Department remain in close contact with the Egyptian authorities in Dublin and in Cairo. The Taoiseach has also discussed the case directly with the Egyptian President on two occasions. Furthermore, my Department has consulted with other countries who have had citizens in similar situations in order to inform our approach and ensure that any actions taken are in this citizen’s best interests. The information we receive from all of our contacts is carefully considered and we retain the flexibility to adapt our strategy as necessary.

My Department has noted the recent media commentary on correspondence between the Egyptian Government and the UN in 2015. Last summer, petitions were filed on behalf of this citizen by their legal representatives with the United Nations Working Group on Arbitrary Detention, the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism.

On 14 August 2015, the Working Group on Arbitrary Detention; the United Nations Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; the United Nations Special Rapporteur on the independence of judges and lawyers; the United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions; the United Nations Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism and the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment wrote jointly to the Egyptian Government presenting a number of allegations made on behalf of the citizen and seeking that Government’s views. As an interim measure they called for the citizen’s bail or unconditional release. On 11 December 2015 a reply issued from the Egyptian Government rebutting the allegations.

The exchange of correspondence between the United Nations Working Group on Arbitrary Detention and the United Nations Special Rapporteurs on the one hand and the Egyptian Government on the other was noted in the most recent Communications report of Special Procedures submitted by the United Nations Working Group on Arbitrary Detention and the United Nations Special Rapporteurs to the Human Rights Council dated 19 February 2016. In so far as the Government is aware there have been no substantive findings by the Working Group on Arbitrary Detention or the United Nations Special Rapporteurs in relation to this case and the matter remains under consideration.

Given that the trial of this citizen in Egypt is ongoing, the Government must remain measured and responsible in its public comment. This is entirely consistent with our approach in other consular cases, with our clear objectives in this case and with what we firmly believe to offer the best prospect for a positive outcome for this young man.