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Human Rights Issues.

Dáil Éireann Debate, Wednesday - 19 May 2004

Wednesday, 19 May 2004

Questions (46, 47)

Joan Burton

Question:

30 Ms Burton asked the Minister for Foreign Affairs if in view of previous parliamentary questions he is in a position to indicate the number of prisoners being held in Iraq; when the report of the International Committee of the Red Cross was drawn to his attention; the details of such talks he or officials of his Department had with the International Committee of the Red Cross, and such similar agencies, as to prisoners’ welfare since the invasion of Iraq. [14538/04]

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Joan Burton

Question:

55 Ms Burton asked the Minister for Foreign Affairs his views on the International Committee of the Red Cross’s view that the abuse of the prisoners in Iraq amounts to torture and that such abuse has been systematic; and his further views on whether such abuses have been drawn to the attention of US, United Kingdom, and other occupying forces as long ago as 2003. [14539/04]

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Written answers

I propose to take Questions Nos. 30 and 55 together.

I am not aware that any figures on the number of prisoners being held in Iraq have been issued by the authorities concerned or any authoritative body such as the ICRC. I have not officially received a copy of the ICRC report. The report in question is strictly confidential and intended only for the authorities to whom it is presented. The ICRC expressed its concern that this report was made public without its consent and the possible damage this might cause. Consequently, the ICRC would not be in a position to discuss the issue of prisoners' welfare since the invasion of Iraq with any third party. Therefore, neither I nor my officials have had discussions with the ICRC on this issue.

It is clear that concerns in the ICRC interim report were brought to the attention of the relevant authorities prior to the presentation of the report in February. The ICRC director of operations has stated that the report represents the summary of concerns that were regularly brought to the attention of the coalition forces throughout 2003. The ICRC director of operations went on to explain that this is a routine part of the process through which the ICRC works.

It is clear that some prisoners were subjected to severe ill-treatment. Whether this comes within the international legal definition of torture would have to be decided by a competent legal body. There is no doubt that the appalling treatment meted out was contrary to international human rights norms and was totally unacceptable.

A recent press release from the ICRC notes that ICRC delegates and officials have met representatives of the coalition forces to present them with serious concerns regarding the treatment of persons protected by the third and fourth Geneva Conventions whom the coalition forces are holding in Iraq. The Government has from the outset called on all parties in the conflict to respect their obligations under international law both in regard to the status of civilians and in regard to prisoners of war.

The Government's position is in keeping with the public pronouncements of UN Secretary General Annan. Moreover, Security Council Resolution 1483 of 22 May 2003 calls upon all concerned to comply fully with their obligations under international law. The treatment of prisoners of war is specifically covered by the third Geneva Convention. In line with this, the Government and the European Union has publicly and strongly condemned any incidents of abuse of prisoners in Iraq by occupying forces which have taken place as contrary to international humanitarian law.

Question No. 31 answered with QuestionNo. 12.
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