388 Dr. Upton asked the Minister for Foreign Affairs if his attention has been drawn to the allegation that a person (details supplied) currently in a US prison was not afforded his right immediately subsequent to his arrest under Article 36 of the Vienna Convention on Consular Relations, of which Ireland and the US are ratified signatories, to be informed of his rights under that article; if his attention has further been drawn to the fact that President George W. Bush stated in a 28 February 2005 memorandum for the US Attorney General, inter alia , that the United States will discharge its international obligations under the decision of the International Court of Justice in Avena and that therefore US courts would now have jurisdiction to determine whether such violations might have taken place and the implications for that person’s conviction and sentence if they had been; if his attention has further been drawn to communications between a person and the Irish Consulate in Massachusetts through which that person seeks to have his individually enforceable rights under the Vienna Convention vindicated in court and that, had it not been for the Avena decision of the ICJ, Ireland would have been morally obliged, as Mexico had been in the Avena decision, to bring a case on his behalf to the ICJ; his views on whether, in view of the Avena decision, that same moral obligation has transferred in order that Ireland must do everything in its power to ensure that a person’s rights under Article 36 of the aforementioned Vienna Convention are discharged by the US Government, even if that means supporting a person in his efforts to have such rights as have arisen under that international treaty discharged in US municipal courts; and if he will make a statement on the matter. [5147/06]

Summary

388 Dr. Upton asked the Minister for Foreign Affairs if his attention has been drawn to the allegation that a person (details supplied) currently in a US prison was not afforded his right immediately subsequent to his arrest under Article 36 of the Vienna Convention on Consular Relations, of which Ireland and the US are ratified signatories, to be informed of his rights under that article; if his attention has further been drawn to the fact that President George W. Bush stated in a 28 February 2005 memorandum for the US Attorney General, inter alia , that the United States will discharge its international obligations under the decision of the International Court of Justice in Avena and that therefore US courts would now have jurisdiction to determine whether such violations might have taken place and the implications for that person’s conviction and sentence if they had been; if his attention has further been drawn to communications between a person and the Irish Consulate in Massachusetts through which that person seeks to have his individually enforceable rights under the Vienna Convention vindicated in court and that, had it not been for the Avena decision of the ICJ, Ireland would have been morally obliged, as Mexico had been in the Avena decision, to bring a case on his behalf to the ICJ; his views on whether, in view of the Avena decision, that same moral obligation has transferred in order that Ireland must do everything in its power to ensure that a person’s rights under Article 36 of the aforementioned Vienna Convention are discharged by the US Government, even if that means supporting a person in his efforts to have such rights as have arisen under that international treaty discharged in US municipal courts; and if he will make a statement on the matter. [5147/06]

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