STATEMENT BY THE PRESIDENT OF THE IRISH HUMAN RIGHTS COMMISSION, DR. MAURICE MANNING, ON THE REPORT OF SENATOR DICK MARTY, RAPPORTEUR TO THE COMMITTEE ON LEGAL AFFAIRS AND HUMAN RIGHTS OF THE COUNCIL OF EUROPE
The report of Senator Marty is persuasive if not conclusive, and gives credence to the concerns already raised by the Irish Human Rights Commission. It strengthens the case for a fundamental rethink, especially on the reliability of diplomatic assurances.
Reliance on diplomatic assurances is at the very heart of the Irish case and in this context the Human Rights Commission is strongly of the view that the only form of diplomatic assurances that could meet our constitutional and international human rights obligations would be ones which were fully legally enforceable and were accompanied by an effective regime of monitoring and inspection of aircraft suspected of involvement in the rendition of prisoners.
This obligation requires, at a minimum, the securing of legally enforceable guarantees that would ensure the immediate release, return and compensation of anyone found to have been transported through Irish territory to any destination where he or she would be placed at risk of torture, inhuman or degrading treatment and the putting into place of an effective regime for the monitoring and inspection of aircraft suspected of involvement in the rendition.
It is also the view of the Commission that Ireland’s legal and human rights obligations are engaged where US aircraft landing at Irish airports are not actually carrying prisoners but are on their way to collect prisoners for rendition to Guantanamo Bay or to third countries where they run the risk of being tortured or subjected to inhuman or degrading treatment or where they are returning after ‘rendering’ such prisoners.
The only effective way of ensuring that we do not become complicit in dispatching people to be tortured or ill-treated is through establishing an effective regime of monitoring and inspection.
The possibility raised in the report that Ireland could be held responsible for active or passive collusion is sufficiently grave to require further urgent investigation by the Irish authorities.
In this context the Commission notes and welcomes the comments of the Taoiseach on St Patrick’s day in Washington when he called for greater transparency on the question of extraordinary rendition and CIA flights.
We urge the Government to promptly implement a process of monitoring and inspection of suspect aircraft in order to meet our human rights obligations.
For further information, please contact:
Mary Ruddy
Senior Human Rights Awareness Officer
Irish Human Rights Commission.
Jervis House,
Jervis Street,
Dublin 1.
Tel. 01 8589 601
Mobile: 087 2400695
E-mail: info@ihrc.ie
Website : http://www.ihrc.ie