I would like to share my time, brief though it is, with Deputies Gregory and Garland.
Adjournment Debate. - Irish Citizens in Philippines.
Is that agreed? Agreed.
I thank you for allowing me to raise this important matter. This case concerns Jack and Lulu Hynes both of whom are Irish citizens living in Clondalkin, County Dublin. Arrest warrants have been issued by the Government of the Philippines against both of them on trumped-up charges of kidnapping and illegal detention of security forces personnel in the Philippines which is alleged to have taken place between 1 June and 14 August 1988.
There is no foundation whatever for these charges and neither Jack nor Lulu Hynes was in the Philippines at that time. This is victimisation by the Government of the Philippines against this couple and the reason for it, we believe, is the fact that they were involved, when in Ireland, in campaigning for human rights in that country, more particularly in the case of Father Niall O'Brien and Rudi Romero. Jack Hynes has only been back the Philippines once since 1977 when he returned for the wedding of his wife's eldest daughter in 1983. He stayed for one month and has not been there since. Lulu Hynes, who is a native of the Philippines, has only returned three times since 1977. She went back in 1979 and for her daughter's wedding in 1983 and between November 1987 and January 1988. She has not been there since then at all. Her parents are still alive in the Philippines and are in poor health. Unless this matter can be resolved she fears for her safety if she goes back to the Philippines to see her parents.
This is victimisation by the Philippine authorities. They have raised charges against upwards of 100 people in respect of this matter. Mr. and Mrs. Hynes were not there at the time. They are innocent people who are being victimised. We are asking the Minister for Foreign Affairs to conduct a vigorous campaign with the Philippine authorities on their behalf. We do not want the usual wishy-washy diplomatic exchanges on this. These are Irish citizens who are being victimised. They are Irish passport holders and we want a vigorous campaign by the Minister and the appropriate authorities to vindicate them and to secure the dropping of these spurious charges against them.
It is fitting and ironic that this issue follows immediately on that of the Birmingham Six. This case involves a potential miscarriage of justice against Irish citizens in a foreign country just as does the case of the Birmingham Six. I join with Deputy Taylor in hoping that the Minister will not offer a wishy-washy effort on behalf of these two Irish citizens.
I trust the Minister's response will be more positive than the disappointing reply I received today on the issue in which the Minister advised the couple to seek to resolve the problem by legal means. The Minister appears to be completely unaware of a recent resolution in the European Parliament condemning the continuing violation of human rights in the Philippines.
Philippino lawyers have pointed to the fact that there are serious irregularities in the proceedings relating to the charges. One is the failure of the authorities to conduct a proper preliminary investigation of the charges, as is required by the Constitution, prior to the issue of arrest warrants. A number of the accused could not possibly have participated in the alleged kidnapping simply because they were abroad at the time. It is against this background that the case of the Hynes's must be viewed. They wish to clear their names and the Government can help if they so wish. As Irish citizens they are entitled to seek the Minister's assistance.
There was much euphoria in this country when President Aquino was elected. This was to inaugurate a new era in Philippino politics. Unfortunately, this has not happened.
I am disappointed with the Minister's response to Deputy Gregory's question. If Lulu Hynes goes back to the Philippines and is arrested on those charges, the Government will act but that is not the point. She should not have to take the risk of being arrested and of it taking us possibly years to get her out. She should be able to go back to her own country knowing that she cannot on any account be arrested.
This case first came to the attention of my Department last October when we were approached by one of the two persons concerned. A meeting was arranged with an official of the consular section of the Department.
At the meeting the person in question explained the background to the case. She indicated that she was most concerned at the situation in which she and her husband found themselves. As Deputies are aware, charges relating to kidnapping and illegal detention had been brought against them and several dozen other people in a Philippine court and, as a result, warrants had been issued for their arrest. Several of the people charged with them had been arrested while others had gone into hiding. Most have strenuously denied any involvement whatsoever in the incident.
The official from the consular section of the Department explained at the time that the matter was primarily a judicial one and that it is not our practice to intervene in the judicial affairs of other states. The person was advised that it seemed best to seek to resolve the problem by legal means. It was suggested that, as a first step, the persons concerned should consult their legal adviser in this country. The latter would be able to advise them on how best they could prepare a case proving that they were not in the Philippines when the alleged incident took place.
This would involve the preparation of a dossier of documentary proofs that they were resident in Ireland on a continuous basis since 1978. This would probably entail assembling documents relating to employment, house purchase, children's schools, utility company bills, etc. Sworn affidavits from various sources such as employers, local clergy, school principals etc. would also be of assistance.
The persons' Irish legal adviser could then pass the dossier to a Philippine counterpart for presentation in the appropriate Philippine court with the view to having the court order, on which the arrest warrants are based, quashed.
In the meantime, the Department have learned that the legal representatives of some of those who were indicted at the same time have appealed against the initial court decision on the grounds that there were serious irregularities in the procedures adopted by the court. It has been alleged, for example, that the court did not have proper jurisdiction to issue the warrants. Another allegation relates to the claim that the judge did not conduct a proper preliminary hearing of the case. Lawyers on behalf of some who have been indicted but who claim to have been nowhere near the scene of the crime are also attempting to introduce appropriate evidence to this effect.
My Department advised the persons in question against returning to the Philippines. The Department also asked to be kept informed of progress in the case. The Department undertook to instruct the Honorary Consul General at Manila to monitor the progress of the case in conjunction with the persons' Philippine legal representative, as soon as the dossier had been referred to the Philippines.
I understand that the persons' legal representatives in this country, who have been in touch with my Department, are at present in the process of compiling a dossier containing detailed statements from their clients and from various persons who can confirm that they could not have been in the Philippines at the time in question. My Department will maintain contact with the legal representatives.
It has been suggested that we should make representations at this stage to the Philippine authorities about this case. As Deputies are aware my Department have been prepared to make representations in the past where there has been an actual or threatened miscarriage of justice and we will continue to help in every way. However, in this case the matter is still before the courts and, in my view, it is best to seek to resolve it at this stage by recourse to the legal system.
I assure Deputies that we will continue to review the situation and that the Honorary Consul General at Manila will be instructed to continue to monitor the progress of this case as it evolves. We will pursue this case vigorously on behalf of the persons concerned.