Dáil Éireann Debate, Wednesday - 26 June 2013
8. Deputy Martin Ferris asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to the fact that a person (details supplied) who is imprisoned in Lithuania will have his case heard before the court of appeal in Vilnius, on 27 June; and if the Irish ambassador to Lithuania, or another high-ranking embassy official, will attend this hearing. [30773/13]
View answer24. Deputy Martin Ferris asked the Tánaiste and Minister for Foreign Affairs and Trade if his attention has been drawn to conditions in Lukiškės Prison in Lithuania, in which an Irish citizen (details supplied) is currently imprisoned; and if the Irish Embassy in Lithuania is providing the consular support he needs. [30772/13]
View answerI propose to take Questions Nos. 8 and 24 together.
It is the intention of the consul at our embassy in Vilnius to attend on 27 June the appeal hearing of the person mentioned. The Embassy of Ireland in Lithuania and the consular assistance section in Dublin have provided consular assistance to the person in question since his initial detention in Lithuania and will continue to do so. The person mentioned by the Deputy was transferred in July 2012 from Lukišks Prison in Vilnius to Pravienišks Prison, near Kaunas. This is a lower category of prison, with a different prison regime to that in Lukišks Prison.
With regard to the upcoming appeal on 27 June, I am advised that the usual procedure is that prisoners with appeal hearings in Vilnius are temporarily held in Lukišks Prison. The length of time prisoners remain in Lukišks depends on the date of the court hearing and prison transport arrangements between Kaunas and Vilnius. Our ambassador has repeatedly communicated our concerns about the conditions in Lukišks Prison. The ambassador has asked that the period of the person's detention in Lukišks for his appeal be kept to the absolute minimum.
I am aware that Lukišks Prison has been the subject of reports by the Council of Europe’s European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, CPT. I also understand that the Lithuanian Government is actively addressing the issue of upgrading its prison accommodation and is engaged in an extensive modernisation programme.
I thank the Tánaiste for his response. I understand that the other prison where Michael Campbell is being held is almost as bad as Lukišks Prison, and the conditions, particularly regarding non-contact visits using a phone through glass or Perspex, along with sanitation conditions in the prison, are a disgrace. In Lukišks Prison, a number of prisoners in a cell all share a hole in the ground and also share terrible visiting conditions. The High Court here refused to extradite somebody to Lithuania because of the conditions, as did the extradition court in Belfast. Ensuring this Government is represented at the highest level possible at the appeal hearing tomorrow is in the interests of the human rights of the prisoner in question, Michael Campbell, and is also a statement of intent that the Irish Government and people will not accept the infliction of such inhumane conditions on any prisoner, irrespective of who he or she is, especially if it is a person over whom we have jurisdiction.
I have taken an interest in this case since Deputy Martin Ferris raised it directly with me some time ago and expressed his concern about conditions in Lukišks Prison. As the Deputy is aware, the man concerned was transferred from Lukišks Prison to another prison. The information I have on Pravienišks Prison is that it is located in a forested area approximately 30 km from the city of Kaunas. Prisoner accommodation is in dormitories and prisoners are not subject to lock-down overnight. Toilet facilities are separate from sleeping quarters and separate kitchen facilities are available for those who wish to prepare food in addition to or in lieu of the standard prison food. Prisoners have access to a garden, prison shop, prison gym, workshops and language classes. Unless subject to a disciplinary regime, prisoners may have one day visit of up to four hours every two to three months and an overnight visit of up to two days' duration in the same period. There is also the possibility of two pastoral visits per month by English-speaking priests.
The person concerned has received a number of consular visits from the embassy in Vilnius. There is an appeal hearing tomorrow. Deputy Ferris's main concern is that the person will be brought back to the original prison from which he was transferred. I understand that is just for the duration of the appeal hearing and the intention is that a diplomatic official from our embassy in Vilnius will attend the appeal hearing.
I thank the Tánaiste for the fact that an official will attend the trial. The appeal is not by the prisoner, Michael Campbell, but by the State to increase the sentence he received. There is no doubt that the publicity and interventions, particularly by the Department of Foreign Affairs and Trade, have had a welcome effect on the conditions in which he is held. After tomorrow I will be seeking a repatriation ticket so he can have some type of relationship with his family and community.
It is an indictment of the Lithuanian authorities that they stand over prison conditions such as those in which Michael Campbell, and anyone else in Lithuania who happens to be in prison, are being held. It is in breach of all human rights standards and something this nation should speak out about. It is good that the embassy is sending a representative. I hope the Tánaiste will ensure the Joint Committee on Foreign Affairs and Trade is involved in this later because, regardless of the outcome of the appeal, there will still be a battle to get this prisoner repatriated to serve his sentence in Ireland. There are grave concerns about the fact that he continues to be held there.
Irrespective of what this person is guilty of and whether he should be in prison, he is entitled to certain human rights while in prison. Based on the details the family has sent to us, there is a big gap between the conditions they describe and what the authorities are saying. The conditions we have been told about are frightening. I do not know what sort of facilities exist for getting Irish prisoners home to a prison in Ireland, but it is unfair on his wife and family to have him in a prison outside Ireland. Given that Lithuania is taking over the Presidency of the Council of the European Union after Ireland, it is very important that Lithuania is seen to adhere to proper rules and regulations on prison life.
The man concerned was found guilty of trying to purchase and smuggle weapons and received a sentence of 12 years. There is an appeal, which Deputy Martin Ferris mentioned. There is a Council of Europe Convention on the Transfer of Sentenced Persons but that cannot be activated until the appeal process is completed. Deputy Ferris referred to two other cases in which extradition requests were refused. The appeal will be heard tomorrow. The embassy will be represented at it. Deputy Martin Ferris asked me some time ago to take an interest in this case and I have done so. I have asked our ambassador at the embassy in Vilnius to take an interest in it and the embassy will be represented at the appeal tomorrow.
