open letter to the irish government (1 Viewer)

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http://commentisfree.guardian.co.uk/open_letter/2008/05/last_month_the_republic_of.html

Last month, the Republic of Ireland witnessed the resignation of Bertie Ahern as the leader of Fianna Fáil. He has been succeeded by a new leader of the party, Brian Cowen, who will now go on to become Taoiseach.

We believe that this transfer of political power presents the Irish government with a significant opportunity to review its policy on the use Irish airports by US aircrafts suspected of involvement in illegal kidnappings, the so-called "extraordinary renditions".

Aircraft landing at Irish airports, such as Shannon in the west of Ireland, are suspected of regularly travelling to and from countries such as Afghanistan, Egypt, Jordan and Morocco where torture is used. Such aircraft, usually owned by commercial companies, but actually operated by the Central Intelligence Agency (CIA), are also suspected of heading for countries in eastern Europe, where secret internment camps exist.

However, since the inception of the seemingly endless and calamitous "war on terror", the Irish government has merely accepted "diplomatic assurances" from the US administration that Irish airports are not being used as stopover points for aircraft carrying kidnapped individuals. Thus, requests by peace activists for the Garda Síochána to search suspected airplanes have been refused. We believe that this situation is no longer politically or morally tolerable.

For example, in April, the Council of Europe's rapporteur on secret detentions, Dick Marty, castigated what he referred to as the "hypocrisy" of European governments in continuing to deny their involvement in secret detentions or illegal renditions. Speaking at a Brussels conference (pdf) about reporting on torture, Mr Marty asserted: "The United States made a choice... to fight the war on terror using illegal means, but they at least made it openly and defend it. European governments, on the other hand, have been entirely hypocritical since their complicity has been clandestine. Even now, they do not have the courage to declare their involvement, unless forced to do so."
Furthermore, we agree with Mr Marty that governments "must also stop hiding behind the hypocrisy of diplomatic assurances... They are not worth the paper they are written on, and it is to be complicit in torture to accept them... European governments are not merely involved in violating human rights", they are even embroiled in the "process of trying to sabotage efforts to find out the truth".
We, the undersigned - comprising diverse groups and individuals living and working in the west of Ireland, elsewhere in the state, and in other jurisdictions - have now decided to form a People's Inspection Team. From today, we are, therefore, beginning to recruit active lay inspectors, to aid the Irish government and the Gardai, in undertaking thorough and meaningful inspections of all aircrafts suspected of involvement in "extraordinary renditions" landing at Shannon.

We also want to have others, who are no longer willing to accept shallow "diplomatic assurances" and are keen to act and inspect, join the People's Inspection Teams.
Signed:
Rhuhel Ahmed, former detainee, Guántanamo prison facility
John Arden, playwright and fellow of the World Society of Literature, Galway, Ireland
Tony Benn, former Labour MP, London, England
Ronan Bennett, author, London, England
Richard Boyd Barrett, chairperson of Irish Anti-War Movement
Professor Noam Chomsky, academic and author, Cambridge, Massachusetts, US
Sarah Clancy,Galway One World Centre, Ireland
Rev Canon Patrick Comerford, president of Irish CND
Catherine Connolly, city councillor, Galway, Ireland
Dr John Cunningham, historian, National University of Ireland, Galway, Ireland
Margaretta D'Arcy, member of Aosdana, Galway, Ireland
Mary Dempsey, artist, Galway, Ireland
Dr Saber Elsafty, Palestinian Solidarity Campaign, Ireland
Niall Farrell, Galway Alliance against War, Ireland
Dennis J Halliday, former UN assistant secretary general
Brian Hanney, teacher, Galway, Ireland
Edward Horgan, Irish Peace and Neutrality Alliance
Paul Michael Garrett, SIPTU Shop Steward, National University of Ireland, Galway, Ireland
Jimmy Kelly, regional secretary, UNITE, Ireland
Frank Keoghan, People's Movement, Ireland
Marilyn LaRosa, Galway, Ireland
Ken Loach, film director, London, England
Donal Lunny, musician, Okinawa, Japan
Patricia McKenna, Green party, Ireland
Dette McLoughlin, Social Workers party, Galway, Ireland
Phelim Murnion, Galway-Mayo Institute of Technology
Joe Murray, Afri: Action from Ireland
Monsignor Raymond Murray, Armagh, Ireland
Treasa Ni Cheannabhain, Palestinian Solidarity Campaign, Ireland
Seosamh O Cuaig, County councillor, Galway, Ireland
Laurent Pardon, Galway, Republic of Ireland
Professor William A Schabas, director, Irish Centre for Human Rights, National University of Ireland, Galway
 
"5. The Minister may, by direction, exempt any class of aircraft from any of the provisions of Article 6 or 7 of this Order. 6 (1) In this Article "munitions of war" means weapons and ammunition designed for use in warfare and includes parts of or for such weapons and ammunition
(2) (a) Subject to subparagraph (b) of this paragraph –
(i) it shall be unlawful to carry munitions of war on an aircraft; (ii) it shall be unlawful for a person to take or cause to be taken on board an aircraft, or to deliver or cause to be delivered, for carriage thereon, goods which he knows or has reason to suspect to be munitions of war.
(b) This Article shall not apply to munitions of war taken or carried on board an aircraft which is registered elsewhere than in the State if, under the laws of the State in which the aircraft is registered the munitions of war may be lawfully taken or carried on board for the purpose of ensuring the safety of the aircraft or the persons on board.
 
A key memo dated 16th September, 1958 from the Department of External Affairs to the Taoiseach's Department states the following:-
"I am directed by the Minister for External Affairs to state that an informal approach was recently made to this Department by the American Embassy, with the object of ascertaining how we would react to a request for rights for US military aircraft to overfly the country, on the clear understanding that such aircraft:
(1) would be unarmed; and
(2) would be engaged solely in conveying cargo and passengers.
The cargo would consist of "support supplies" being flown primarily to Britain, France and Germany. "Support supplies" is defined generally as such things as food, clothing and household equipment.
According to the American Embassy, the primary reason why the US authorities would wish to have the authorisation in question is to effect a saving in expenditure by permitting a more direct route between the points of departure and the points of arrival of the aircraft concerned.
The USA at present enjoy a blanket permission, renewable periodically, for
(a) emergency landings in, and overflights of, the country in air/sea rescue operations and
(b) listing Shannon airport as a clearance alternate for aircraft of the US Military Air Transport Service (M.A.T.S.) on transatlantic flights.
The flights about which the American Embassy has inquired could, of course, serve indirectly to help certain American military operations – in the sense that the bases in Europe which are supplied by such flights may be used for actions such as that recently undertaken in the Lebanon. However, there is nothing in international law which prevents a country from authorising such flights in time of peace.
In the circumstances, and having regard to the reason alleged by the American Embassy for seeking permission for overflight (a reason which he has no ground for questioning), the Minister for External Affairs is disposed to have the American Embassy advised that a formal request, if received, would be granted, subject to the understanding that, in the event of a serious deterioration in the political situation in Europe or in the Middle East, it would lapse."
A response from the Taoiseach, following a meeting of the Government, on 23rd September 1958, stated;-
"I am directed by the Taoiseach to state, following informal consultation by him with the Ministers for Industry and Commerce, Defence and Justice, that the American Embassy may be informed that a formal request for rights for United States military aircraft to overfly Ireland would be granted on the clear understandings mentioned in the first paragraph of your minute and on the further understanding that the permission would be subject to reconsideration in the event of a serious deterioration in the international situation."
 

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