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US INVESTIGATORS, including CIA agents, will be allowed interrogate
Irish citizens on Irish soil in total secrecy, under an agreement signed between
Ireland and the US last week.
Suspects will also have to give testimony and allow property to be searched
and seized even if what the suspect is accused of is not a crime in Ireland.
Under 'instruments of agreement' signed last week by Justice Minister Michael
McDowell, Ireland and the US pledged mutual co-operation in the investigation
of criminal activity. It is primarily designed to assist America's so-called
'war on terror' in the wake of the September 11 atrocities.
The deal was condemned yesterday by the Irish Council for Civil Liberties (ICCL)
as "an appalling signal of how the rights of Irish citizens are considered
by the minister when engaging in international relations". The ICCL said
it appeared to go far beyond even what has been agreed between EU countries.
On signing the agreement, the minister said that "the international community
must do everything it can to combat terrorism with every means at its disposal.
"Ireland will not be found wanting," he added.
The treaty will give effect to agreements on Mutual Legal Assistance and Extradition
signed by the EU and the US in June 2003. These are aimed at building on mutual
assistance and extradition arrangements.
Although the Department of Justice insists that the arrangement merely updates
existing agreements, it goes much further. The US may ask Irish authorities:
To track down people in Ireland.
Transfer prisoners in Irish custody to the US.
Carry out searches and seize evidence on behalf of the US Government.
It also allows US authorities access to an Irish suspect's confidential bank
information. The Irish authorities must keep all these activities secret if
asked to do so by the US.
The person who will request co-operation is US Attorney General Alberto Gonzales,
the man who, as White House counsel, instigated the notorious 'torture memo'
to US President George W Bush which advised how far CIA agents could go in torturing
prisoners. The person to whom the request is sent is the Minister for Justice.
About 20,000 immigrants, who have not been charged with any crime, are currently
in prison in the US. In two recent US Supreme Court cases, the US Government
argued that US citizens could be imprisoned indefinitely without charge if the
president designated them as "enemy combatants".
ICCL director Aisling Reidy said: "An extraordinary aspect to this treaty
is, despite its scope and its potential to violate basic constitutional and
human rights, that all this happened without debate or transparency.
"To agree to give such powers to a government which has allowed detention
of its own citizens without access to a lawyer for over a year, which has legitimised
Guantanamo Bay and the interrogation techniques there, without public debate,
is an appalling signal of how highly or not the rights of Irish citizens are
considered by the minister when engaging in international relations."
The Department of Justice said it was wrong to say the treaty happened without
debate, as the agreements update and supplement existing arrangements, and the
EU-US agreement has been scrutinised by the Oireachtas four times since December
2002.
A spokesperson also rejected that the measures go beyond what was agreed between
EU countries.
Legislation will be required to give effect to some elements of the Mutual
Legal Assistance Instrument. The necessary provisions will be contained in the
Criminal Justice (Mutual Assistance) Bill which Mr McDowell expects to publish
shortly.