Chris Evans (WA, Australian Labor Party, Leader of the Government in the Senate) Share this | Link to this | Hansard source

I seek leave to incorporate an answer to a question I took on notice during question time yesterday from Senator Bob Brown in my capacity representing the Minister for Defence.

Leave granted.

The answer read as follows—

Australia takes very seriously the issue of the treatment of detainees and has made clear its commitment to ensuring that detainees are treated humanely, with dignity and respect and in accordance with all of Australia's obligations under domestic and international law.

The issue of detainee management in Iraq arose under the previous Government and was a matter handled by the previous Government.

These are matters for the previous Govern­ment. Ministers of this Government have no personal knowledge of those matters, including the specific role and function of then Major O'Kane.

The issue of detainee management in Iraq was the subject of the 2004-05 Senate Budget and Additional Estimates hearings for the Department of Foreign Affairs and Trade and the Department of Defence (31 May, 1-3 and 17 June 2004 and 16-18 February 2005).

The issue of detainee management in Iraq and Australian personnel was also the subject of an Inquiry in 2005 by the Senate Foreign Affairs, Defence and Trade References Committee into "The Duties of Australian Personnel in Iraq".

On 8 March 2005, the following matters were referred to the Foreign Affairs, Defence and Trade References Committee:

a. whether any Australian personnel (including employees, contractors and consultants) were present, or had ditties which included being present, during any interrogations or interviews (however defined) of persons detained in relation to the war in Iraq, and in particular those persons suspected of having knowledge of Iraq's weapons of mass destruction;

b. whether any knowledge of or concerns regarding, the treatment of those Iraqi detainees was provided to Australian Government departments, agencies and ministers, and what actions resulted from the provision of this information;

c. whether the Iraq Survey Group (ISG) were able to report frankly and fearlessly on what they had found, or whether attempts were made to censor or otherwise distort their findings; and

d. whether any Australian personnel provided information or concerns to any part of the Australian Government relating to concerns about the functions or reports of the ISG, and what actions resulted from the provision of this information."

The Committee reported in August 2005 and made one recommendation:

"The committee recommends that the ADP' review its procedures for instructing personnel about the various codes of conduct, ADF's instructions or Concepts of Operations governing the conduct of Australian personnel while engaged in overseas operations especially where Australian personnel are deployed with third country and respect as befits the professionalism of our forces and consistent with our domestic and international legal obligations

"The detainee management framework draws on applicable international standards and advice front international organisations, including the International Committee of the Red Cross (ICRO ) . It is consistent with the Laws of Armed Conflict and the Geneva Conventions."