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Egyptian Conflict

Dáil Éireann Debate, Tuesday - 21 April 2015

Tuesday, 21 April 2015

Questions (170)

Seán Crowe

Question:

170. Deputy Seán Crowe asked the Minister for Foreign Affairs and Trade if he is concerned that the trial of a person (details supplied) has now been postponed until 26 April 2015, that this person has been in jail in Egypt for more than 600 days; and if he will provide an update on the case. [15330/15]

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Oral answers (6 contributions)

Sadly, I raise the case of Ibrahim Halawi with the Minister once again. He has been in jail for the past 600 days and we all hoped he would have been released and back home in Ireland by now. We all agree he will not get a fair trial in Egypt, considering the political situation there. Up to now there have been mass show trials and no real legal proceedings. Can the Minister give an update on what support the Irish embassy is giving to Ibrahim and his family. I talked to the family last week and they were worried about the fact he had been moved and they had no knowledge about what was happening.

Our objectives in this case are clear - first, to see the release of this individual by the Egyptian authorities so that he can return home to his family and his studies in Dublin and second, to provide consular support for his welfare while he remains in detention. This considered approach and sustained action that has been taken by me and my officials in this case has been to further these objectives at all times and to avoid any action that could be counterproductive or detrimental to his best interests. It is important to bear in mind the role of the Irish Government where citizens are imprisoned abroad. Irrespective of any views regarding the fairness or appropriateness of any arrest abroad, the reality is that where an Irish citizen is charged with an offence under the law of a foreign country, it is the foreign law that applies and it is the relevant foreign court which decides matters such as bail and release. The decision to release this individual, either on bail or on any other basis, will be a decision that is made solely by the authorities in Cairo. Since this citizen was originally detained in August 2013, I and officials in my Department, including our ambassador in Cairo, have raised this case with the Egyptian authorities regularly and consistently. In addition, he has received consular visits from embassy official on 37 occasions to date. I can confirm that the Irish Government has formally supported both the application by this citizen’s lawyers for his release and return to Ireland under the November presidential decree and the more recent application for his release on bail. Our official support for this citizen’s release has been duly communicated to the authorities in Cairo in formal diplomatic notes that have been included in the documentation submitted to the court and the authorities by his lawyer.

I have spoken to my Egyptian counterpart on numerous occasions, both in person and on the telephone. On 4 March I met with Assistant Foreign Minister Badr and discussed the case with him in some detail.

On 2 April I spoke again with my Egyptian counterpart, Mr. Shoukry, to underline the Irish Government’s commitment regarding the formal applications that have been made for this individual’s release.

I welcome the Minister's involvement in the case. I do not believe the individual will get a fair trial. He is being held in appalling conditions. He is not safe, he is vulnerable and his human rights have been violated. He was 17 when he was arrested, and he has been detained for the past two years. His health and mental condition are clearly deteriorating.

We saw the release of al-Jazeera journalists. We were told the Australian and Canadian Prime Ministers had contacted the Egyptian President, Mr. el-Sisi, which helped to secure their citizens' release. Has the Minister contacted the Australian and Canadian embassies to find out more about the process they used, the levers they pulled and the buttons they pushed to secure the release of their citizens? Does he believe that, before the next court appearance, the Taoiseach should contact President el-Sisi personally in an attempt to secure Ibrahim's release?

I assure the Deputy and the House yet again that there have been ongoing and useful contacts at official level with our international partners in regard to this case. Having spoken at some length to the Australian Minister for Foreign Affairs, Ms Julie Bishop, and to my Canadian counterparts, I am well briefed on the facts of their cases and how they differ from the circumstances of the Irish citizen involved and the approach taken by their countries. Having had those conversations, I am fully satisfied that the actions we are currently taking in pursuit of our objectives in this case are totally appropriate and focused on the best interest of the individual involved and, equally important, are more likely to facilitate a positive outcome.

My colleague Lynn Boylan has formally brought this case to the office of the EU High Representative for Foreign Affairs and Security Policy, Ms Federica Mogherini. I raised this personally with her. Ms Boylan raised the point that Egypt is in breach of Article 2 of its Euro-Mediterranean trade agreement, which states that relations between the parties "shall be based on respect of democratic principles and fundamental human rights as set out in the Universal Declaration on Human Rights, which guides their internal and international policy". It is clear, therefore, that Egypt is not living up to its side of this agreement. Has the Minister discussed this breach with his European counterparts? Are they aware of what is happening to this EU and Irish citizen, and has the Minister encouraged them to raise the breach with the Egyptian Government on behalf of EU citizens?

Once again, I assure the House that I am fully aware of the frustrations and sensitivities involved. I am also aware of comparisons being made between the case of this individual and other cases involving foreign nationals. I assure the Deputy that I have on numerous occasions discussed the case with Ms Mogherini, as recently as last week. I can confirm to the House that I have been in contact with Members of the European Parliament.

I wish to refute an inaccurate suggestion that when foreign nationals were released it was solely on the basis of calls by foreign ministerial offices, foreign Prime Ministers or foreign Ministers. I assure the House and wish to make it quite clear that it is the Egyptian authorities alone who will decide on the matter of the release of our citizen. Notwithstanding that, I assure Deputy Crowe that I am consistently involved in seeking avenues that I believe are appropriate to secure the release of this citizen.

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