Ireland's involvement in the practice of "extraordinary rendition", whereby the US Central Intelligence Agency transfers prisoners between different destinations for interrogation and possible torture, is confirmed in the Council of Europe report on the practice. Dick Marty's examination of it shows that Shannon airport has been a key stop-off for these flights, although he says the 10 cases involving 17 individuals he examined did not have prisoners on board when they landed.
Thus there is not much new information in Mr Marty's report about Ireland's role in this reprehensible affair. Its value is to spell out clearly what was involved in the CIA's "spider's web spun across the globe", based on "new legal concepts" to combat terrorism going beyond conventional judicial instruments or those provided for in the laws of war. These new concepts are, as Mr Marty puts it, "utterly alien to the European tradition and sensibility and...clearly contrary to the European Convention on Human Rights and the Universal Declaration of Human Rights". Using information supplied by the Eurocontrol air traffic agency, the report shows a pattern of flights involving the arrest and transport of prisoners.
Four different levels of state involvement are spelled out: those like Poland and Romania suspected of providing secret jails for the CIA; those colluding with rendition operations by handing over detainees or information about them, as in the UK, Sweden, Bosnia, Turkey, Italy and Macedonia; those which have been staging points for operations involving the transfer of prisoners, such as Cyprus, Spain and Germany; and those like Ireland, Portugal and Greece which have provided stop-off points for flights. Mr Marty believes these 14 states - including Ireland - colluded either intentionally or negligently by turning a blind eye to what was going on.
His report to the principal human rights watchdog in Europe is a valuable addition to our knowledge of this whole affair and his advice on future policy is sound. He wants to see an extended dialogue between the EU and the US on how to fight terrorism within the rule of law, enhancing human rights, not undermining them. And he calls on national parliaments in Europe to be more vigilant watchdogs on their executives.
This report reinforces the case made by the Irish Human Rights Commission that there should be a full inspection process for US military flights passing through Shannon. This would ensure the international norms Ireland adheres to are upheld. In the light of this report it is no longer enough to rely on diplomatic assurances that this is the case.