385 Dr. Upton asked the Minister for Foreign Affairs if his attention has been drawn to the proceedings involving a person (details supplied) in the USA concerning that person’s attempt to persuade the US Supreme Court to hear their case that their sentence ought to be reviewed in view of the US law enforcement agency’s failure, subsequent to their arrest, to inform them of their right under Article 36 of the Vienna Convention on Consular Relations; if, in view of the fact that, for instance, in the transcripts of the person’s original trial it is clear that just after their arrest when they asked for a solicitor the US law enforcement agency’s agents did not apparently understand what the person meant and did not provide them with legal representation or inform them of their right, under Article 36 of the aforementioned convention, to be informed that they might communicate directly with the Irish consulate, he would consider joining Ireland to the person’s proceedings; his views on whether such a course would be appropriate, a forteori , since President George W. Bush stated in a 28 February 2005 memorandum for the US Attorney General that, inter alia , pursuant to the ICJ’s decision in the Avena case, the US would discharge its international obligations in respect of Article 36 of the aforementioned Vienna Convention and that therefore Ireland would be precluded from taking the person’s case to the ICJ on their behalf and so Ireland’s moral obligation to enforce its citizen’s rights under international law might only now be discharged by so joining the person’s attempt to have the US Supreme Court review their sentence; and if he will make a statement on the matter. [10712/06]

Summary

385 Dr. Upton asked the Minister for Foreign Affairs if his attention has been drawn to the proceedings involving a person (details supplied) in the USA concerning that person’s attempt to persuade the US Supreme Court to hear their case that their sentence ought to be reviewed in view of the US law enforcement agency’s failure, subsequent to their arrest, to inform them of their right under Article 36 of the Vienna Convention on Consular Relations; if, in view of the fact that, for instance, in the transcripts of the person’s original trial it is clear that just after their arrest when they asked for a solicitor the US law enforcement agency’s agents did not apparently understand what the person meant and did not provide them with legal representation or inform them of their right, under Article 36 of the aforementioned convention, to be informed that they might communicate directly with the Irish consulate, he would consider joining Ireland to the person’s proceedings; his views on whether such a course would be appropriate, a forteori , since President George W. Bush stated in a 28 February 2005 memorandum for the US Attorney General that, inter alia , pursuant to the ICJ’s decision in the Avena case, the US would discharge its international obligations in respect of Article 36 of the aforementioned Vienna Convention and that therefore Ireland would be precluded from taking the person’s case to the ICJ on their behalf and so Ireland’s moral obligation to enforce its citizen’s rights under international law might only now be discharged by so joining the person’s attempt to have the US Supreme Court review their sentence; and if he will make a statement on the matter. [10712/06]

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