Dáil Éireann debate -
Wednesday, 29 Jan 2003

Vol. 560 No. 1

Written Answers. - Independent Inquiries.

Jim O'Keeffe

Question:

301 Mr. J. O'Keeffe asked the Minister for Foreign Affairs if he will support the case made for an independent inquiry into the case of a person (details supplied), murdered in September 2000, as called for by the Parliamentary Assembly of the Council of Europe. [1990/03]

Minister for Foreign Affairs (Mr. Cowen)

Ireland supports an independent inquiry into the death of the person referred to in the Deputy's question. The European Union issued a declaration to this end on 5 February 2001. The EU expects Ukraine, as a democratic state, to meet its responsibilities to uphold the rule of law and the freedom of the media, including ensuring that a full investigation of the case to which the Deputy refers takes place.

I remain concerned at the lack of progress in bringing the investigation to fruition. I raised the case directly with the Ukrainian Minister for Foreign Affairs, Mr. Zlenko, when I last met him at the UN General Assembly in New York, on 10 November 2001. My Department has also raised the matter at official level with the Ukrainian authorities in October last.

The issues involved relate to the legal framework which would apply to the investigation. In April 2001, Ukraine requested assistance with the investigation from member states of the Council of Europe under the legal framework provided for by the European Convention on Mutual Assistance in Criminal Matters. EU member states are prepared to help establish an independent commission of inquiry, including international investigators as requested in Council of Europe Parliamentary Assembly Recommendation No. 1538.

Ukraine is to define the form of assistance requested, whether this be investigative expertise, forensic expertise or expertise in mounting prosecutions. The Ukrainian authorities must also provide assurances that foreign experts would be able to work unhindered, with unimpeded access to documentary and other evidence, and to personalities. I will continue to raise the matter in future bilateral contacts with Ukraine.