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Human Rights Issues.

Dáil Éireann Debate, Tuesday - 11 October 2005

Tuesday, 11 October 2005

Questions (227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 245, 246, 247, 248, 249, 250, 251)

Michael D. Higgins

Question:

223 Mr. M. Higgins asked the Minister for Foreign Affairs the position in the investigation of the death of a person (details supplied) in Saudi Arabia in August 2004; the requests the Government has made to the Saudi Arabian authorities for an investigation in relation to this matter, the progress that has been made with such request; and his views on whether the reasonable request, made formally, by persons in January 2005 for information deserves a better and fuller response than that which they have received to date. [27385/05]

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Written answers

Regarding the tragic and shocking killing of the person in question, the Government extended its condolences to the family at the time and pledged to assist them as far as possible in dealing with this traumatic and distressing experience. Since the killing, my Department has sought to assist his widow and family in as understanding and sensitive a way as possible. This assistance has related to involvement with repatriation of the remains, transfer of funds and belongings to his widow, replacement of a lost death certificate and provision of interim documents in this regard, procurement of the official forensic and police reports and translations of the killing, provision of information regarding the belief of the security forces that the perpetrator of the killing was himself shot in a gun battle with the authorities in late December 2004. Concerning the official investigation, several formal and informal requests have been made to the Saudi authorities in this regard and I am hopeful that this aspect can be taken further shortly.

Cecilia Keaveney

Question:

224 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the disappearance of a person (details supplied) in Belarus; and if he will make a statement on the matter. [27450/05]

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I regret that there have been no positive developments in this matter. The situation remains as set out in my reply of 5 May 2005 to the Deputy.

Cecilia Keaveney

Question:

225 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the deaths of persons (details supplied); and if he will make a statement on the matter. [27451/05]

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The information available to my Department regarding the status of the investigation into the deaths of the two former members of the Burundian Parliament, Mr. Sylvestre Mfayokurera and Mr. Innocent Ndikumana, remains as stated in my reply to the Deputy of 5 May 2005.

A related but wider concern is to seek to end the culture of impunity which has persisted for too long in Burundi. The establishment of a national truth and reconciliation commission and the strengthening of the Burundian judicial system proposed by Secretary General Annan should contribute significantly to ending the culture of impunity as well as hopefully giving renewed impetus into the investigation of the many unsolved murders, including those of Mr. Mfayokurera and Mr. Ndikumana, committed in Burundi during its recent conflict.

On 20 June 2005 the UN Security Council adopted Resolution 1606, which authorises the UN Secretary General to enter into consultations with the Burundian Government and parties on his proposals for establishment of a national truth and reconciliation commission, as provided for in the 2000 Arusha peace accords, as well as setting up a special chamber within the Burundian judicial system to try those suspected of genocide, war crimes and crimes against humanity committed since Burundian independence in 1962. Talks on establishing both these mechanisms are likely to commence shortly, following the installation on 26 August of the new democratically elected Burundian Government, led by President Nkurunziza.

Cecilia Keaveney

Question:

226 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the status of the investigation into the attempts on the life of a person (details supplied) of Burundi; and if he will make a statement on the matter. [27452/05]

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The information available to my Department regarding the status of the investigation into the attempted assassination of Mr. Ndihokubwayo remains as stated in my reply to the Deputy of 5 May 2005.

A related but wider concern is to seek to end the culture of impunity which has persisted for too long in Burundi. The establishment of a national truth and reconciliation commission and the strengthening of the Burundian judicial system proposed by Secretary General Annan should contribute significantly to ending the culture of impunity as well as hopefully helping to shed light on the many crimes, including those against Mr. Ndihokubwayo, for which those responsible have not yet been brought to justice.

On 20 June 2005 the UN Security Council adopted Resolution 1606, which authorises the UN Secretary General to enter into consultations with the Burundian Government and parties on his proposals for establishment of a national truth and reconciliation commission, as provided for in the 2000 Arusha peace accords, as well as setting up a special chamber within the Burundian judicial system to try those suspected of genocide, war crimes and crimes against humanity committed since Burundian independence in 1962. Talks on establishing both these mechanisms are likely to commence shortly, following the installation on 26 August of the new democratically-elected Burundian Government, led by President Nkurunziza.

Cecilia Keaveney

Question:

227 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the status of the investigation into the dismissing from the parliament of Cambodia of persons (details supplied); and if he will make a statement on the matter. [27453/05]

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There have been no developments since my reply to Question No. 210 on 10 May 2005 to the Deputy on this matter. I can assure the Deputy that we, together with our partners in the EU, will continue to monitor closely the political situation in Cambodia, including the position of parliamentarians.

Cecilia Keaveney

Question:

228 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the status of the investigation into the assassinations of persons (details supplied); and if he will make a statement on the matter. [27454/05]

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Cecilia Keaveney

Question:

229 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the status of the investigation into the death threats against a person in Colombia; and if he will make a statement on the matter. [27455/05]

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Cecilia Keaveney

Question:

230 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the status of the investigation into the kidnapping of a person in Colombia; and if he will make a statement on the matter. [27456/05]

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Cecilia Keaveney

Question:

244 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of persons (details supplied) who have been kidnapped for a number of years; and if he will make a statement on the matter. [27470/05]

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Cecilia Keaveney

Question:

245 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of a person (details supplied) who has been under threat of assassination; and if he will make a statement on the matter. [27471/05]

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I propose to take Questions Nos. 228 to 230, inclusive, 244 and 245 together.

In my responses of 5 and 10 May 2005 to written questions from the Deputy regarding these cases, I referred to the importance for the Colombian peace process of a comprehensive legal framework for the process of disarmament, demobilisation and reintegration of the illegal armed groups, based on the principles of truth, justice and reparation. These issues are addressed in the recently passed Columbian peace and justice law. That law provides an overall legal framework for demobilisation, disarmament and reintegration of illegal armed groups into society. The law, which was adopted through a lengthy democratic political process, strikes a difficult balance between peace and justice.

The General Affairs and External Relations Council of the European Union adopted conclusions on Colombia at its meeting on Monday 3 October 2005. Ireland was actively involved in the negotiation of these conclusions, which principally address the justice and peace law. The overall assessment of the Council was that, if implemented effectively and in a transparent manner, the law will have a positive effect on peace building in Colombia.

The conclusions address the need for a negotiated peace settlement and call for illegal armed groups to demobilise. They also call on all parties to the conflict to respect human rights and international humanitarian law and commend the work of the Office of the United Nations High Commissioner for Human Rights in Colombia. The conclusions also confirm the readiness of the EU and its member states to assist the Colombian Government and civil society in providing support for communities affected by the internal conflict, victims groups, local reconciliation activities and the reinsertion and demobilisation of child soldiers.

I recently announced Ireland's commitment to contribute €390,000 over a three year period to the Organization of American States, OAS, peace and verification mission in Colombia. The mission's mandate is to provide comprehensive support to the Colombian peace process with a focus both on the demobilization process and on the strengthening of institutions concerned with the rule of law. Promoting and defending human rights and justice are guiding principles of the mission. Ireland will work closely with its colleagues in this mission, including in ensuring that human rights standards are maintained during the process.

Ireland was actively involved in negotiating the recent chairperson's statement on the situation of human rights in Colombia which was adopted on 22 April 2005 at the 61st session of the Commission on Human Rights in Geneva. The statement appeals to the government of Colombia increasingly to address the issue of impunity and to take action to improve the capacity and effectiveness of the judicial system and to take action where evidence of collusion with paramilitary forces is found.

My Department will continue to monitor the situation in Colombia, and particularly the implementation of the justice and peace law, through our embassy in Mexico City, as well as in cooperation with our EU partners with resident embassies in Colombia.

Cecilia Keaveney

Question:

231 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the cases of the holding incommunicado detention of 11 parliamentarians from Eritrea since September 2001; and if he will make a statement on the matter. [27457/05]

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Regrettably, there has been no progress towards the release of these 11 Eritrean parliamentarians since I replied to the Deputy's Question No. 220 on 10 May 2005. Ireland is greatly concerned by the negative human rights situation in Eritrea and the authorities' unwillingness to respond to concerns expressed by the European Union and the international community. Although Eritrea has ratified relevant international agreements for the protection of human rights, the fact that the 1997 constitution has not been implemented denies Eritreans a framework within which their rights are acknowledged, including the right to appeal to an independent judiciary. The European Union remains engaged in political dialogue with the Eritrean Government, within the framework of the Cotonou Agreement. However, due to that Government's preoccupation with the continuing stalemate in the Ethiopia-Eritrea peace process and its consequent unwillingness to address other sensitive issues, little progress has been made.

Cecilia Keaveney

Question:

232 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the cases of 15 former members of the Turkish Grand National Assembly; and if he will make a statement on the matter. [27458/05]

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I refer to my reply to the Deputy's question of 10 May. Of the 15, the most prominent cases have been those of Ms Leyla Zana and three other members of her Democracy Party, DEP, Mr Hatip Dicle, Mr Orhan Dogan and Mr. Selim Sadak. The second retrial of their case, which opened in December 2004, is continuing. A hearing took place in Ankara on Friday 7 October and the next hearing is scheduled to take place in December. The trial is expected to last approximately six months. Together with our EU partners, our Embassy in Ankara is continuing to monitor developments in the case. Of the 11 other former parliamentarians, the situation as outlined in the response to the Deputy's question in May has not changed.

As the Deputy will be aware, on Monday 3 October the EU General Affairs and External Relations Council, GAERC, approved a framework for negotiations with Turkey which enabled accession talks to open as envisaged by the European Council last December. The shared objective of the EU Turkey negotiations is accession. It will be an open-ended process, the outcome of which will not be guaranteed in advance.

In recent years since the election of the government of Prime Minister Recep Tagyip Erdogan, Turkey has made very significant progress in the adoption of wide-ranging political reforms. Throughout the accession negotiations, the European Union will expect Turkey to sustain the process of reform which it has already begun and to work towards further improvements including in respect of the principles of liberty, democracy, the rule of law and respect for human rights and fundamental freedoms and to consolidate and broaden legislation and implementation measures in relation to freedom of expression, freedom of religion, women's rights, trade union rights and minority rights.

Cecilia Keaveney

Question:

233 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of a person (details supplied); and if he will make a statement on the matter. [27459/05]

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An earlier reply to the Deputy's question of 10 May also refers to this matter. Further to the information supplied in May, I understand that a hearing on the case of Ms Merve Safa Kavakci is scheduled to take place at the European Court of Human Rights in Strasbourg on Thursday 13 October.

As the Deputy will be aware, on Monday 3 October the General Affairs and External Relations Council, GAERC, approved a framework for negotiations with Turkey which enabled accession negotiations to open as envisaged by the European Council last December. The shared objective of the EU-Turkey negotiations is accession. It will be an open-ended process, the outcome of which cannot be guaranteed in advance.

In recent years since the election of the Government of Prime Minister Erdogan, Turkey has made very significant progress in the adoption of wide-ranging political reforms. Throughout the accession negotiations, the European Union will expect Turkey to sustain the process of reform which it has already begun and to work towards further improvements including in respect of the principles of liberty, democracy, the rule of law and respect for human rights and fundamental freedoms. Parallel to the accession negotiations, the EU will also engage with Turkey in an intensive political and civil society dialogue. In our contacts with the Turkish Government, we will continue to emphasise the central importance of full implementation of all aspects of Turkey's reform legislation.

Cecilia Keaveney

Question:

234 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to 33 Zimbabwean parliamentarians; and if he will make a statement on the matter. [27460/05]

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Mr. Roy Bennett, the former Movement for Democratic Change, MDC, member of the Zimbabwean Parliament, was released from prison on 28 June 2005, having served eight months of the 12-month sentence imposed on him for pushing the Zimbabwean Justice Minister during a parliamentary debate in May 2004. In a statement which I issued at the time, I very much welcomed Mr. Bennett's release, while noting that his description of the ill-treatment and beatings to which he and other inmates were subjected in prison, had only served to highlight once again the need for democratic reforms and improved respect for human rights in Zimbabwe.

Regrettably, opposition politicians and supporters and members of civil society, including the other 32 parliamentarians referred to in the Deputy's questions, continue to be subjected to ongoing harassment, intimidation and arbitrary arrest and imprisonment by the Zimbabwean authorities.

The human rights situation in Zimbabwe has, if anything, deteriorated even further in recent weeks, following the approval by the Zimbabwean Parliament of a series of constitutional changes which will allow the government, inter alia, to impose travel bans on those suspected of undermining the national interest. Ireland and our EU partners will continue to take the lead internationally, including at the current UN General Assembly session, in highlighting the serious human rights situation in Zimbabwe and pressing for an end to attacks on basic human freedoms by the Zimbabwean authorities.

Cecilia Keaveney

Question:

235 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the ongoing cases of assassinations, deaths in custody and parliamentarians in detention or imprisoned in Myanmar; and if he will make a statement on the matter. [27461/05]

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There have been no developments since my reply to Question No. 207 on 10 May 2005 on the particular cases that the Deputy raises. Insofar as the general human rights situation in Burma-Myanmar is concerned, I refer the Deputy to my reply to Questions Nos. 37, 44, 66 and 104 on 6 October 2005.

Cecilia Keaveney

Question:

236 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of a person (details supplied); and if he will make a statement on the matter. [27462/05]

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The situation remains as set out in my reply of 10 May 2005 to a question from the Deputy on this case. The Government shares the concerns which have been expressed about the conduct of the case and the conditions under which the person is being held. We are continuing to monitor the case.

In bilateral contacts with Israel, and together with its partners in the EU, the Government has regularly conveyed its concerns about the human rights implications of Israeli security policies, and the importance of full compliance with international humanitarian law.

Cecilia Keaveney

Question:

237 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of the disappearance of a person (details supplied); and if he will make a statement on the matter. [27463/05]

View answer

My Department does not have any new or additional information regarding the disappearance of Dr. Hitimana, other than that contained in my reply to the Deputy's Question No. 210 of 10 May 2005.

Cecilia Keaveney

Question:

238 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of persons (details supplied); and if he will make a statement on the matter. [27464/05]

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The position remains as set out in my reply of 10 May 2005 to a question from the Deputy on these cases, which involve the imprisonment of two former members of the People's Council of the Syrian Arab Republic. The EU has conveyed its concerns to the Syrian authorities, and continues to monitor the cases through the Presidency's and member states' missions in Damascus.

Cecilia Keaveney

Question:

239 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the murder of a person (details supplied) in January 2000; and if he will make a statement on the matter. [27465/05]

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There have been no developments since my reply to Question No. 212 on 10 May 2005 to the Deputy on this matter. I can assure the Deputy that we, together with our partners in the EU, will continue to monitor closely the political situation in Indonesia. Human rights issues are regularly raised in discussions with the Indonesian authorities. In this regard, the EU troika of heads of mission in Jakarta raised concerns on respect for human rights when they démarched the Indonesian Foreign Ministry on 10 June last.

Cecilia Keaveney

Question:

240 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of a person (details supplied); and if he will make a statement on the matter. [27466/05]

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Mr Anwar, the former Deputy Prime Minister of Malaysia, was recently awarded approximately €1 million in damages by the Malaysian High Court against the author of a book entitled "50 Reasons Why Anwar Cannot Be PM". The book, which contained graphic sexual allegations as well as allegations of corruption, was published in 1998 and was used against Mr. Anwar in his dismissal from office in 1998 and subsequent sentencing and imprisonment. In August, Mr. Anwar also sought and won a public apology from a former police chief for the abuse he received while in custody.

There have been no other significant developments since my reply to Parliamentary Question No. 213 on 10 May last on this matter from the Deputy. I have instructed our embassy in Kuala Lumpur to continue to monitor closely any developments with regard to Mr. Anwar, who, while acquitted and released in September 2004, is prevented from holding political office until April 2008.

Cecilia Keaveney

Question:

241 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of the murder of a person (details supplied) in Mongolia in 1998; and if he will make a statement on the matter. [27467/05]

View answer

There have been no developments since my reply to Question No. 214 on 10 May 2005 to the Deputy on this matter. I assure the Deputy that we, together with our partners in the EU, will continue to monitor closely this particular case and more generally the political and human rights situation in Mongolia.

Cecilia Keaveney

Question:

242 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of the torture of a person (details supplied) in January 2000; and if he will make a statement on the matter. [27468/05]

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Cecilia Keaveney

Question:

243 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of the holding in solitary confinement of a person (details supplied); and if he will make a statement on the matter. [27469/05]

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I propose to take Questions Nos. 242 and 243 together.

There have been some developments in these cases since my reply to Questions Nos. 215 and 216 from the Deputy on 10 May 2005. I understand that Mr. Asif Ali Zardari, leader of the Pakistan People's Party and husband of exiled former Prime Minister, Benazir Bhutto, has recently been in the United States receiving treatment for a heart condition. In early September, his re-arrest was ordered by an anti-corruption court in Pakistan for failure to attend trial hearings. Lawyers for Mr. Zardari have said that they informed the court that he was unable to attend due to his illness.

I am advised also that Mr. Makhdoom Javed Hashmi, leader of the Alliance for Restoration of Democracy Party, who is serving a 23-year prison sentence for charges relating to defamation of the Pakistan authorities, applied for bail in July. I understand the Supreme Court decided not to take up the bail application due to a shortage of time and adjourned the case for an indefinite period.

Ireland and our EU partners continue to discuss human rights and democratisation issues with the Pakistan authorities on a regular basis. On 30 June last, the EU Troika of Heads of mission in Islamabad carried out the regular half-yearly human rights démarche with the Secretary of the Pakistani Ministry of Law, Justice and Human Rights. Concerns about human rights were conveyed and the case of Mr. Zardari was raised. We will continue to monitor closely the two cases the Deputy has raised in the period ahead.

Questions Nos. 244 and 245 answered with Question No. 228.

Cecilia Keaveney

Question:

246 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the case of the murders of persons (details supplied) in January 2000; and if he will make a statement on the matter. [27472/05]

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As I have previously informed the Deputy in reply to a written parliamentary question on 10 May 2005, I am aware that the Inter-Parliamentary Union, IPU, at its meeting from 3 to 9 April 2005 in Manila adopted a resolution regarding the murders of Jaime Ricaurte Hurtado González and Pablo Vicente Tapia Farinango. I share the view of the IPU that due process is essential in such cases.

In a statement on recent political developments in Ecuador issued on 21 April 2005, the Luxembourg Presidency, on behalf of the European Union, called for every effort to be made to strengthen the democratic process and State institutions in that country. My Department will continue to monitor the situation in Ecuador in co-operation with our EU partners with resident embassies in Quito. However, I am unaware of any further developments in the case cited by the Deputy since my previous answer of 10 May 2005.

Cecilia Keaveney

Question:

247 Cecilia Keaveney asked the Minister for Foreign Affairs the position in relation to the murder investigation of a person of Honduras in 1988; and if he will make a statement on the matter. [27473/05]

View answer

As I have previously informed the Deputy in reply to a written parliamentary question on 10 May 2005, I am aware that the Inter-Parliamentary Union, IPU, at its meeting from 3 to 9 April 2005 in Manila adopted a resolution regarding ongoing court proceedings in the case of the murder of Mr. Miguel Angel Pavón Salazar in Honduras. I share the view of the IPU that due process is essential in such cases and I assure the Deputy that my Department will continue to monitor the situation in Honduras in co-operation with our EU partners with resident embassies in Tegucigalpa. I am not aware of any further developments in relation to this matter.

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