As the Deputy will 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.
The person named by the Deputy has been detained in Sri Lanka since 5 September 2007. No charge was brought against him until 29 January 2013. I am informed that at his trial on that date a sentence of one month was imposed. Subsequently, he was informed that he would be released on 12 February 2013. Based on this information his family made flight arrangements for him to return to Ireland. Officials from the Honorary Consulate attended the prison on 12 February to be present on his release and to offer any possible consular assistance. They were informed that the release would not go ahead and that further charges would be brought against him.
As previously communicated to the Deputy in my response to PQ9267/13, I wrote to the Minister for External Affairs expressing in the strongest possible terms my disappointment and concern at the sudden manner by which the release was revoked and asking that the Minister act to ensure that all possible due process of law is afforded to the person named by the Deputy. Our Ambassador in New Delhi travelled to Sri Lanka on 20 February and personally delivered my letter to the Sri Lankan Minister for External Affairs. The Ambassador also made a prison visit to the person named on the same day.
The Ambassador and another Diplomatic Officer in New Delhi again travelled to Sri Lanka last Thursday, 21 March 2013, and a prison visit was again made to the person named by the Deputy. The person named by the Deputy is being treated as a foreign prisoner which allows him some privileges including a better standard of food. He is in regular contact with his wife and lawyer and has not raised any issues about access to communication with his family or lawyer. Our Honorary Consulate in Colombo is also in regular contact with the prison and the person named by the Deputy to ensure that he is treated well.
The Ambassador and the Diplomatic Officer also met with the lawyer acting on behalf of the person named by the Deputy and will remain in touch with him to ensure the Embassy is kept fully aware of any developments in the case and to offer assistance in making any representations to the Sri Lankan government which the lawyer thinks may be helpful. The lawyer indicated that the Sri Lankan Supreme Court has ordered that all charges be dealt with by September 2013.
As the Deputy will be aware from previous replies, the EU Delegation in Colombo is also pursuing this case on our behalf and we are in ongoing contact with them, including at Ambassadorial level.
As the Deputy may also recall from my response to PQ55354, Sri Lanka underwent its Universal Periodic Review, or UPR, at the UN Human Rights Council in Geneva on the 1st of November last 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.
The Deputy will also be interested to know that on 21 March 2013, at the 22nd Session of the UN Human Rights Council, a resolution on Sri Lanka, entitled "Promoting reconciliation and accountability in Sri Lanka" was adopted. Ireland co-sponsored and voted in favour of this resolution, which included a call for a re-evaluation of detention policies in that country.
My Department will continue to take every opportunity to seek to discuss this case bilaterally with the Sri Lankan authorities and at international fora.
I can assure the Deputy that all possible consular assistance will continue to be provided in this very difficult case and that my officials will continue to liaise with the family of the person named by the Deputy.
