GOI HUMAN RIGHTS COMMISSION CALLS FOR INSPECTION

UNCLAS SECTION 01 OF 02 DUBLIN 001550

SIPDIS

SIPDIS

E.O. 12958: N/A
TAGS: PREL MARR MOPS PHUM EI
SUBJECT: GOI HUMAN RIGHTS COMMISSION CALLS FOR INSPECTION
OF U.S. FLIGHTS



1. The Irish Human Rights Commission, which is an
independent agency of the Irish government created under the
Good Friday Agreement, submitted a report to the GOI December
23 calling on the government "as a matter of urgency to seek
the agreement of the U.S. authorities to the inspection of
aircraft suspected of involvement in this traffice (of
detainees to locations where they may be tortured or
ill-treated)." The press release follows in para 2 along
with a WEB site from which the full report can be accessed.
The government responded by saying that it would study the
report, by reiterating its faith in assurances from the USG,
and by noting that it is cooperating fully with COE's
European- wide enquiry. Full GOI statement is in para 3.

--------------
Irish Human Rights Commission Press Release
Friday, December 23, 2005
--------------

2. Begin text:
Human Rights Commission urges Government to seek US agreement
to the inspection of aircraft landing at Irish airports.

The Irish Human Rights Commission (IHRC) is seriously
concerned about reports that US aircraft landing at Shannon
airport may be involved in the transport of persons to secret
locations where they may be at risk of being subjected to
torture, cruel or inhuman treatment.

In view of Ireland's international legal obligation to ensure
that no one is sent to a jurisdiction where they may run this
risk, the Commission calls on the Government to seek
agreement from the US authorities to inspect the aircraft in
question on landing at Shannon or any other Irish airport.

The President of the IHRC, Dr. Maurice Manning, stated "The
Irish Government has a clear obligation both under the
Convention against Torture, the ECHR and under domestic law
to prevent any actions on our soil which could in any way
facilitate torture or ill-treatment even in another country.
Thus far, the Government has said that it has received
assurances from the US authorities that they are not using
planes which are landing at Shannon in connection with the
transport of detainees to locations where they may be
tortured or ill-treated. In the Commission's view, and in
light of Ireland's international legal obligations in this
field, reliance on diplomatic assurances is not sufficient to
protect against the risk of torture and other forms of
ill-treatment."

In conclusion, Dr. Manning added "given the fact that the
obligation on the state to protect against all forms of
torture, inhuman and degrading treatment is an absolute one,
and given the gravity of the allegations that have been made
to date and which are under active investigation by the
Council of Europe, it is not sufficient for the Government to
rely on such assurances. Accordingly, the Commission calls
on the Government, as a matter of urgency, to seek the
agreement of the US authorities to the inspection of aircraft
suspected of involvement in this traffic".

Spokespersons are available for comment.
Mary Ruddy,
Senior Human Rights Awareness Officer,
Irish Human Rights Commission

A copy of the Commission's Resolution is available at:
http://www.ihrc.ie/ fileupload/banners/Shannonproposal.doc

end press release

-------------- --------------
Statement by the Department of Foreign Affairs
23rd December 2005
Human Rights Commission and Issue of Extraordinary Rendition
-------------- --------------


3. Begin text:
Commenting on the Human Rights Commission Resolution, a
spokesperson for the Department of Foreign Affairs said that:

"The Government will study the Human Rights Commission's
resolution carefully and respond in due course.

As has been made clear on numerous occasions in the Dail and
elsewhere, the Government cannot permit, has not permitted
and will not permit so-called extraordinary renditions to be
carried out through Irish airports or airspace.

It has also been made clear that the appropriate authorities
will act if there is specific and credible information
regarding particular aircraft of the type in question.

Once again, however, the Government recalls that it has, on
numerous occasions, received explicit, unambiguous and
unqualified assurances from the US authorities that no
prisoners have been transported through Irish airports, nor
would they be, without the express permission of the
Government. These assurances have recently been reiterated
at a very high level. In the European context, these
assurances are of a particular completeness and clarity.

The Government would also emphasise that it is co-operating
fully with a Europe-wide enquiry on these issues being
carried out by the Council of Europe. In the New Year, it
will be providing a comprehensive response to the questions
posed by the Council of Europe."

End text of DFA statement
BENTON