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Human Rights Issues.

Dáil Éireann Debate, Thursday - 2 June 2005

Thursday, 2 June 2005

Questions (46, 47)

Róisín Shortall

Question:

20 Ms Shortall asked the Minister for Foreign Affairs his views on the release from detention in Khartoum of a person (details supplied); if the Government made any representations to Sudanese authorities to secure this person’s release; and if he will make a statement on the matter. [18508/05]

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Written answers

Dr. Mudawi Ibrahim Adam is the chairperson of the Sudan Social Development Organisation, SUDO, a voluntary organisation created to promote sustainable development and human rights in Sudan. It is engaged in humanitarian activities in the Darfur region as well as in human rights education and development projects throughout Sudan. Dr. Mudawi was previously arrested on 24 January 2005 and detained until 8 March 2005, when he was released on bail. While in custody he went on hunger strike and was subsequently charged with attempting to commit suicide. This charge has not yet been formally withdrawn. In 2004, Dr. Mudawi spent seven months in police custody, having been charged, in connection with his human rights work, of committing offences against the state. Following the hearing of his trial on 7 August 2004, all charges against Dr. Mudawi were dropped and he was released.

Dr. Mudawi was detained on 8 May 2005, shortly before he was due to travel to Ireland to be presented with the inaugural front line award for human rights defenders by President McAleese. Three days later, Dr. Mudawi and his colleague Mr. Yasir Salim were charged under the Sudanese penal code with espionage against the country and entering and photographing military areas and works. The first charge carries a potential penalty of death or life imprisonment. On Friday, 13 May 2005 the front line award was accepted on Dr. Mudawi's behalf by his wife, Mrs. Sabah Mohammed Adam Ali and daughter Huda from President McAleese at a ceremony held in Dublin's City Hall. Following Dr. Mudawi's detention, the Minister of State, Deputy Conor Lenihan, contacted senior officials of the Sudanese Ministry of Foreign Affairs on his behalf, while the Irish ambassador in Cairo and, at our request, the representatives of the EU Presidency in Khartoum also followed up this case actively. Both Seanad Éireann and the European Parliament adopted resolutions calling for the immediate release of Dr. Mudawi. The Government of Sudan's decision to release Dr. Mudawi and his colleague reflects recognition of the widespread international concern which this case had generated.

At the time of Dr. Mudawi's release on 16 May, the Government welcomed this decision by the Government of Sudan and the Minister of State wrote to the Sudanese Minister of Foreign Affairs in a letter which also expressed hope that this release will be followed by the speedy conclusion of the case against Dr. Mudawi and Mr. Salim once the Sudanese legal authorities have completed their investigations. He also called for the release of three other members of SUDO who are currently being detained.

One of the key priorities in the field of human rights during the 2004 Irish Presidency of the European Union was the adoption by member states of guidelines on human rights defenders. The guidelines aim to mainstream concern for human rights defenders into EU foreign policy. The cases of Dr. Mudawi and his colleagues amply illustrate the continuing need for action in this area. The Government will continue to monitor the situation in Sudan and of human rights defenders around the world.

Michael Ring

Question:

21 Mr. Ring asked the Minister for Foreign Affairs the position regarding the detention of Roy Bennett MP in Zimbabwe; and if he will make a statement on the matter. [18606/05]

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I remain very concerned at the continuing detention and treatment of Mr. Roy Bennett, the former MDC, Movement for Democratic Change, MP for the Chimanimani constituency in the Zimbabwean parliament who was sentenced by the Zimbabwean parliament last October to 12 months imprisonment for pushing the Zimbabwean Minister for Justice during a parliamentary debate, an offence which, if heard in an ordinary civil court, would only have attracted a small fine as a maximum penalty.

Having been initially cleared by the Zimbabwean electoral court to stand in the parliamentary election on 31 March last, Mr. Bennett was subsequently prevented from doing so, following a decision by the Zimbabwean government to appeal the electoral court ruling. In his absence, Mr. Bennett's wife, Heather, contested his seat but was defeated by the ZANU-PF candidate. I understand that the MDC is contesting the result in Mr. Bennett's Chimanimani constituency, in a case lodged with the Zimbabwean electoral court.

On 9 May, Mr. Bennett was transferred from Mutoko prison to Chikurubi reform prison, a high security penitentiary facility near Harare. No explanation has been provided to either Mr. Bennett's family or his lawyers as to the reasons for his transfer. The Zimbabwe Lawyers for Human Rights, ZLHR, has expressed concerns about the reasons for the transfer and the apparently very poor conditions in which Mr. Bennett is now being detained in Chikurubi prison. The ZLHR has also expressed concern that Mr. Bennett's health will deteriorate even further under the conditions in which he is now being detained and they have filed a case with the African Commission on Human and People's Rights for his immediate release.

Separate legal proceedings are also being taken in the Zimbabwean Supreme Court with a view to securing Mr. Bennett's release. Following a two day hearing on 26 to 27 May, the Supreme Court in Harare reserved judgment indefinitely in the case taken by Mr. Bennett's lawyers. There are no indications of any intention on the part of the Zimbabwean Government to release Mr. Bennett before the completion of his 12 month sentence next October.

The Government, through the Irish ambassador to South Africa who is also accredited to Zimbabwe, has been active in making known to the Zimbabwean authorities its serious concerns regarding the imprisonment and treatment of Mr. Bennett. These concerns will be reiterated when the ambassador pays a further visit to Zimbabwe next week. The ambassador will also draw the attention of the Zimbabwean authorities to the terms of the motion adopted unanimously by Dáil Éireann on 24 March 2005 expressing concern at the treatment afforded to Mr. Bennett and at his politically motivated sentencing. A copy of this motion has already been forwarded to the speaker of the Zimbabwean Parliament, via the embassy in South Africa. We will also continue to raise the issue at EU level and urge EU ambassadors in Harare to be active on Mr. Bennett's behalf.

Question No. 22 answered with QuestionNo. 13.
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