Govt issuing misleading statements on extraordinary rendition

international | anti-war / imperialism | press release Wednesday February 22, 2006 20:48 by michael t - labour

the Government gave the impression that the Gardai are free to enter, search, and effect arrests on civilian aircraft landing in Ireland where allegations are received of involvement in ‘extraordinary rendition.’

In its reply to a request for information from the Council of Europe yesterday the Government gave the impression that the Gardai are free to enter, search, and effect arrests on civilian aircraft landing in Ireland where allegations are received of involvement in ‘extraordinary rendition.’ Such an assertion is clearly misleading. sais Michael D. Higgins

Senator David Norris and Michael D. Higgins attended a meeting in Leinster House with two Chief Superintendents who told us that the Criminal Justice Act (UN Convention against Torture) 2000 did not allow them to carry out such searches.

The Government, however, now suggest that ‘[a]n Garda Síochána's powers of search and inspection extend to civil aircraft of the type cited in allegations regarding extraordinary rendition.’

Why if this is the case, one may reasonably ask, has this power not been used? The answer would appear to be that a political decision to accept an assurance has been given precedence over the exercise of Garda powers. What is not clear is the source of the advice to the senior Gardai. Were they or were they not instructed that they had no power to search planes following a complaint, and by whom?

Further, in yesterday’s Council of Europe-bound report, there was a decision to accept that categoric assertions that aircraft passing through Irish airspace were not being used to transfer persons to torture were to be evaluated in the context of the country in question’s observance, or disrespect, for international law.

There is ample evidence, including in the findings of international bodies such as the Committee against Torture, that the US has been involved in the transfer of persons to locations where they have been exposed to torture.

It has, in fact, been determined that two planes which the Minister of Transport himself has acknowledged landed in Ireland in 2003 and 2004 have been used by agents of the United States for such transfers.

Just last week a UN Committee of Experts found that torture is ongoing at the Guantanamo Bay detention facility, and that the very regime in place in Guantanamo amounts to inhuman and degrading treatment.

An assurance is nothing more than a rebuttable presumption when fundamental rights are in question. An assurance must not be an implacable wall behind which we cannot view.