As the Deputy may be aware from previous replies in relation to this Irish citizen, my officials remain in close and direct contact with the person’s spouse and family and liaise directly with them on any request for assistance or on any development on this case. The Ambassador and officers in the Embassy in New Delhi, which is accredited to Sri Lanka, have also been very active in pursuit of progress in this difficult case. I met with the person’s spouse, daughter and other family representatives of the person mentioned by the Deputy on 29 February 2012. The person’s spouse and other family representatives also met with the Head of the Consular Division on 28 May 2012. As a result of these meetings I once again wrote to the Sri Lankan Minister of External Affairs on 18 June 2012, urging on behalf of the Government of Ireland that the person mentioned by the Deputy be either released or charged at the earliest opportunity. I also informed the Minister of External Affairs that I would like to personally meet with him in the margins of any international meeting at which we are both present, to discuss the case, should the opportunity arise. A response to my letter is awaited.
The Sir Lankan authorities have confirmed that the person named by the Deputy is being detained under emergency legislation relating to the prevention of terrorism. The case of the person mentioned by the Deputy has been raised with the EU Delegation in Colombo. My Department will continue to liaise with the EU Delegation and follow developments closely. I intend writing to Catherine Ashton, High Representative of the Union for Foreign Affairs and Security Policy to seek her assistance on the human rights aspects of the case.
Sri Lanka underwent its Universal Periodic Review, or UPR, at the UN Human Rights Council in Geneva on the 1st of November this year. In advance questions to Sri Lanka, Ireland raised the issue of legal safeguards for persons suspected or charged under the Prevention of Terrorism Act, stressing the importance of trials taking place within a reasonable time frame. Ireland also requested information on any actions taken or plans to begin a process of reintegration for those in detention following the end of the conflict in Sri Lanka in May 2009, or information on any plans to begin legal proceedings in accordance with due process against those in detention. Finally, Ireland recommended that the Government of Sri Lanka take steps to ensure that all detainees are afforded a fair trial within a reasonable time period.
There has been a significant development in the case in the past few days where his lawyers informed the person’s family that the Sri Lankan authorities would formally charge him on Monday 10 December 2012. When, he appeared before the court, the case was postponed to Tuesday, 18 December 2012. Our Embassy in New Delhi has been informed of this and, while they are precluded from intervening in any way in judicial proceedings, they will continue to provide all possible consular assistance.
I am most conscious and concerned about the fact that the person mentioned by the Deputy has now spent five years in detention without charge. I can assure the Deputy that I and my officials will render all possible consular assistance.
