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Overseas Missions.

Dáil Éireann Debate, Tuesday - 22 June 2004

Tuesday, 22 June 2004

Questions (138, 139)

Pat Rabbitte

Question:

129 Mr. Rabbitte asked the Minister for Foreign Affairs if, during his meeting with President Bush, he will raise the reported presence in the United States of the person believed to be responsible for the killing in the Lebanon in April 1980 of two members of the Defence Forces, (details supplied); and if he will make a statement on the matter. [18542/04]

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Pat Rabbitte

Question:

132 Mr. Rabbitte asked the Minister for Foreign Affairs if he has raised with the United States authorities the reported presence in that country of a person believed to have been responsible for the killings of persons (details supplied) in the Lebanon in April 1980 who was identified in a television programme; if, in particular efforts have been made to secure the extradition of the person from the United States; and if he will make a statement on the matter. [18541/04]

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Written answers

I propose to take Questions Nos. 129 and 132 together.

The killing of Private Thomas Barrett and Private Derek Smallhorne and the wounding of Private John O'Mahony in 1980 while they served with the United Nations Interim Force in Lebanon were abhorrent crimes. The nation grieved for their loss and our sympathy for their loved ones has not diminished with the passage of time.

The legal issues in this case have been reviewed on a number of occasions with a view to determining whether persons alleged to have committed these crimes could be brought to justice. The Government has engaged in close consultation with the United States authorities on the question of bringing to justice the alleged perpetrator who is understood to be resident in the US and is a naturalised US citizen. The Deputy will understand that I am not in a position to go into detail. I can, however, assure him that the US authorities have been very helpful in the course of these consultations.

The question of seeking the extradition to the State for trial here of the alleged perpetrators of these crimes does not arise because the Irish courts do not have jurisdiction to try persons for acts such as these committed by non-nationals outside the State. An extradition request would therefore have to be made by the country where the crime was committed, namely Lebanon, with a view to a criminal prosecution there.

As the Deputy will be aware, the Convention on the Safety of United Nations and Associated Personnel, which was inspired by the need to improve the level of protection of personnel such as Private Barrett and Private Smallhorne serving on UN Missions, and to ensure the punishment of individuals who do not respect the mandate of UN peacekeepers, entered into force on 15 January 1999. The convention, however, does not apply retrospectively. The Government will continue to explore such avenues as may be open to it to seek justice in this tragic case.

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