Richard Bruton
Question:53 Mr. R. Bruton asked the Minister for Foreign Affairs the discussions he or his Department has had regarding the detention and imprisonment of foreign persons in the US. [9959/03]
Other Questions. - Human Rights Abuses.
I am taking it that the Deputy's question – although expressed in general terms – relates both to the treatment of detainees in Guantanamo Bay and the five Cuban citizens convicted of espionage and other charges in the United States. The Government's concern that the detainees in Guantanamo Bay be treated in accordance with the provisions of international human rights and humanitarian law has been communicated to the US authorities. In this regard I refer the Deputy to my reply to Parliamentary Questions, reference nos. 3976 and 3977, of 7 February 2002.
In addition, in discussions on the matter with our EU partners, my Department has learned that a number of partners whose nationals are being held in Guantanamo Bay are seeking to resolve the issues relating to their treatment with the US authorities. It is the hope of the Govern ment that a speedy solution to these issues can be reached.
As regards the five Cuban nationals convicted in the US, I have already reported to the House on a number of occasions that these individuals were found guilty by a court in Miami of charges ranging from espionage to conspiracy in first degree murder, following an investigation into the deaths of two young Cuban-Americans when the aeroplane they were piloting was shot down on its way to drop leaflets over Havana in support of a human rights demonstration in the city. I understand that appeals against the convictions began on Monday, 7 April in the 11th Circuit Court of Appeals in Atlanta. It is essential that this appeal be conducted in a manner that is fair and impartial and free from political considerations. It would be inappropriate, therefore, for me to comment on the trial.
I am aware also that concern has been expressed in recent weeks about the fact that the men were being held in solitary confinement. It is my understanding that the defendants were released from solitary confinement late last week.
I thank the Minister for his reply. I hope he will continue to raise these cases in a constructive way and seek to safeguard the human rights of prisoners, no matter what they have been found guilty of. Does the Minister agree that the representatives of the Cuban Embassy and the chargé d'affaires of Cuba have some neck to ask Members of this House to raise questions of this kind when people that criticised President Castro in Cuba were given lengthy prison sentences for daring to criticise the regime? What steps is the Minister taking to raise this issue with the Cuban authorities and the UN Human Rights Commission?
I have not taken any steps in this regard as other priorities have taken my undivided attention in recent days and weeks. I know what the Deputy has had to say on this matter and I will respond to him in due course.
Does the Minister accept that the detention of 641 men at Guantanamo Bay is in breach of 15 articles of the Geneva Convention? Does he also accept that the distinction made by the US between what it calls "prisoners of war" and "unlawful combatants" is spurious? If this were applied in the case of American prisoners in Iraq, they too could be considered as unlawful combatants as this war is illegal.
Deputy Gormley has mentioned the breach of 15 articles of the Geneva Convention and that is not to speak of the humiliating conditions in which people were transferred there. In view of the outrageous breaches of international law and human rights that prevail in Guantanamo Bay, can I take it that the Minister or the Taoiseach have indicated in their discussions on Iraq with the Americans that they will oppose the removal of anybody from Iraq to Guantanamo Bay? What practical initiatives is the Minister taking to ensure human rights and the rule of law is administered? Has he had discussions with the US Embassy on the basis of the detention of people in Guantanamo Bay outside any international legal process? Will he object to the removal of more people to this black hole that is outside any protection of domestic or international law?
I have not had any discussions with anybody on this matter. I am not aware that this specific point was raised in the discussions held with the President of the United States and the British Prime Minister yesterday. The matter that is taking up everyone's attention is that the conflict in Iraq has not yet been ended. We want to see an end to the conflict and humanitarian needs addressed. We are talking about how a representative government can be put in place and what the interim arrangements will be. We are also considering what discussions need to take place between coalition forces and other organisations, including the UN. The EU will meet next week to discuss these matters and the UN Secretary General will come to the meeting.
How soon this war will end is the real question. We must seek to ensure the minimisation of the loss of human life and have arrangements put in place to meet the humanitarian needs of people. We must ask, as we did yesterday, what we can do for the provision of field hospitals. I met the international wing of the Red Cross in Geneva last week and we must ask what we can do to help bring better facilities into existing hospitals. The Red Cross is the only NGO that can work there in times of conflict. This is a situation that is developing by the hour and I ask that cognisance be taken of this. I take on board the concerns raised by the Deputies. These are matters we will raise with the Americans as matters develop.
Regarding the legal status of those already in Guantanamo Bay, Deputies will be aware that the US has asserted that the persons detained there can be regarded as falling into a distinct category of detainee, namely, "unlawful combatants". While not being entitled to prisoner of war status, they are being provided with selected prisoner of war privileges. Several commentators have pointed out that this category of detainee is not mentioned in the Geneva Convention, nor is it known in international law.
Written Answers follow Adjournment Debate.