Government's response to CIA rendition claims 'misleading'

The Government’s response to the EU inquiry into the alleged unlawful detention and transport of suspects by the CIA throughout Europe was misleading, it was claimed today.

Michael D Higgins, the Labour Party’s spokesman on Foreign Affairs, said the Government had given the inquiry the impression that it had the right and may have searched aircraft that landed at Irish airports.

“They gave the impression to the Council of Europe that they had the right and indeed the capacity to search the planes in order to provide evidence if they wished,” Mr Higgins said. “But of course they hadn’t searched any planes.”

He added: “They weren’t asked questions about military aircraft, if you want to search any military aircraft, you would have to put that in as a condition when you gave permission to land. Once you give permission to land they enjoy immunity.”

An inquiry by the Council of Europe has found foreign security services appear to be able to transport anyone or anything though the majority of European states, including Ireland.

It highlighted the lack of legal provisions to give countries an oversight of the activities by foreign security services.

Minister for Foreign Affairs Dermot Ahern said the report from the Secretary General of the Council of Europe showed Ireland’s practices followed those of other countries.

“The Secretary General’s analysis makes clear that the Government’s comprehensive response was one of a minority of 13 responses which he judged not to require further explanation,” Mr Ahern said.

“It is also clear that Ireland’s approach to the issues involved is very much in line with that of other states.”

The investigation by the Strasbourg-based human rights body, which sought information from all 46 member states, found there was no evidence of illegal movement of terror suspects to jails in Europe but there were poor restrictions on foreign services workers in mainland Europe.

The extraordinary rendition process which the council was investigating involves the illegal movement of terror suspects to jails on mainland Europe through other countries.

Council of Europe Secretary General, Terry Davis, said: “It would appear that most of Europe is a happy hunting ground for foreign security services.

“While most of our member states have mechanisms to supervise the activities of their domestic intelligence agencies as well as the presence of foreign police officers on their territory, hardly any country, with the clear exception of Hungary, has any legal provisions to ensure an effective oversight over the activities of foreign security services on their territory.”

Mr Ahern said the Government would carefully examine any proposals by the Secretary General, including issues relating to international regulation of civil aviation, in the aftermath of the report.

“The Secretary General raises the issue of assurances relating to the compliance of foreign agents’ activities with international and domestic law,” Mr Ahern said. “However, the assurances the Government has received from the United States relate to a specific matter of fact.

“They state categorically that prisoners have not been, nor would they be, transferred through Irish territory without the express permission of the Irish authorities.

“It has been made clear by the Government that, in conformity with the relevant domestic and international law, permission would not be granted for the transit of an aircraft participating in an extraordinary rendition operation or for any other unlawful act.

“The Government will, of course, look carefully at any particular additional proposals the Secretary General may have in this area.”