The Director of Public Prosecutions has examined Garda files on two complaints concerning the alleged transport of illegally detained prisoners through Ireland but took no action in either case due to lack of evidence, a Government report has said.false imprisonment on aircraft in Irish territory
The Government yesterday published a reply it has sent to the Council of Europe, which last November asked all member states to report on how domestic law prevents the secret arrest and transportation of alleged terrorist suspects to custody - the practice known in the US as "extraordinary rendition".
The Council of Europe - which has a broad membership well beyond that of the EU - also asked each of its members whether any public official or person acting in an official capacity has been involved in any such deprivation of liberty.
The response from the Minister for Foreign Affairs, Dermot Ahern, says that there are no circumstances in which such secret deprivation of liberty would be legal in Ireland. Such practices are ones "to which the Government of Ireland would be deeply opposed. No public official or person acting in an official capacity had been involved in such activity.
"All detention, whether secret or otherwise, which does not have the positive authorisation of law in the State, constitutes the criminal offence of false imprisonment," the reply says. The Government also emphasises the repeated assurances it has received from the US authorities that no such activity is taking place on US planes landing in Ireland.
Three complaints had been made to an Garda Síochána alleging that such activity was taking place on board aircraft in Irish territory. In two of these instances papers were forwarded to the office of the DPP.
"In neither instance was any further activity found to be warranted, owing to a lack of evidence that any unlawful activity had occurred." The reply says that authorities of another state can only detain a prisoner in Irish territory in cases of extradition or the transfer of a sentenced prisoner.
It does point out that foreign military and state aircraft that have properly sought permission to land or overfly do enjoy immunity from search while in Irish territory, unless they have been granted such permission on the understanding that they will waive this immunity. Those on board such aircraft "who commit an offence while they remain on board also enjoy immunity."
Such immunities can also apply to non-military state aircraft that seek permission to land or overfly. In relation to civilian as opposed to state aircraft, there is no restriction on the Irish authorities investigating and prosecuting in respect of an offence committed on board while landing in or overflying Ireland.
The Government "sought and received assurances that prisoners had not been, nor would they be, transferred through Irish territory without the express permission of the Irish authorities".
The Government had made it clear to the US authorities "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 Department of Foreign Affairs said last night the Government's reply "confirms previous statements by Minister Ahern recording the Government's 'very deep concern' over allegations of the possible existence of secret prisons, and its complete opposition to the practice of so-called extraordinary rendition".