Senate debates

Tuesday, 25 February 2020

Questions without Notice

Assange, Mr Julian

2:48 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

My question is to the Minister for Foreign Affairs, Senator Marise Payne. Minister, last year you flew to Thailand to lobby the Thai government against extraditing Hakeem al-Araibi, an Australian soccer player, to Bahrain. At the time you said publicly your intervention was because you were very concerned about Hakeem's detention and very concerned about his potential extradition to Bahrain. This was the right thing to do. Minister, given that you and your government were so vocal about Hakeem's detention and the risks of his potential extradition, why have you not shown the same zeal and commitment to secure the release of Australian citizen and Walkley-Award-winning journalist Julian Assange? Why have you not flown to the UK to lobby the UK government or to the US to lobby the US government against extraditing Julian Assange?

2:49 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

I thank Senator Whish-Wilson for his question. On any examination of the facts of the two matters which Senator Whish-Wilson has put to the chamber, that of Hakeem al-Araibi and that of Julian Assange, they are qualitatively different circumstances. As the government have previously indicated, we are in regular contact with authorities in the United Kingdom, in line with our consular mandate, and have been assured by those authorities that Mr Assange is being held in appropriate and humane conditions. I can also inform the chamber that I specifically raised the issues of Mr Assange, and his conditions, in my discussions with Foreign and Commonwealth Affairs Secretary Raab, when he visited Australia just a matter of weeks ago. I want to also note for the chamber—and this may go to a further question from Senator Whish-Wilson, at which point of course I would repeat this statement—it is important to note that the Australian government has no standing in any of Mr Assange's legal proceedings and is unable to intervene in them.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Whish-Wilson, a supplementary question?

2:50 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

They certainly are different, Minister. Let me tell you why. Overnight, the UN special rapporteur on torture, Nils Melzer, said that Julian Assange's case is about more than one individual. He said, 'This is a battle over press freedom, the rule of law, and the future even of democracy.' Strong words coming from the United Nations. Minister, if you agree with the United Nations about what is at stake here, why isn't your government doing more to intervene in this case and bring Julian Assange home—more than the usual consular assistance?

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

My personal opinion on what the special rapporteur may or may not have said is not relevant in this matter. What is relevant is the undertakings the Australian government has sought from British authorities in relation to the position on the detention of Mr Assange as the proceedings are awaited. We continue to closely monitor Mr Assange's case, as we would for other Australians in detention overseas in other contexts, and we in fact do. I note that Mr Assange has a very high public profile. For the Australian government, he is a consular client, and one for whom we provide appropriate support, according to our consular mandate, as I said. I appreciate that members of the public, including people in this chamber—self-evidently from Senator Whish-Wilson's questions—do feel strongly about Mr Assange's situation. But it is important to remember that Australia cannot intervene in the legal processes of another country.

Photo of Scott RyanScott Ryan (President) Share this | | Hansard source

Senator Whish-Wilson, a final supplementary question?

2:51 pm

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

A few days ago, it was revealed that meetings between Julian Assange and his lawyers had been secretly taped and filmed. This is a clear and egregious breach of legal professional privilege. Minister, do you believe that Julian Assange will get a fair trial in the US, or do you agree with Nils Melzer that, for all intents and purposes, Julian Assange is a political prisoner and he should not be extradited to the US, where he would face nothing but a politically motivated show trial?

2:52 pm

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

Senator Whish-Wilson continues to quote the views of an individual rapporteur—yes—

Photo of Peter Whish-WilsonPeter Whish-Wilson (Tasmania, Australian Greens) Share this | | Hansard source

You've done it on several occasions—

Photo of Marise PayneMarise Payne (NSW, Liberal Party, Minister for Foreign Affairs) Share this | | Hansard source

of an individual rapporteur who has made a range of observations, not all of which we agree with. As I have indicated, and I am aware of the media reporting in relation to alleged surveillance of Mr Assange while in the Ecuadorian embassy, I don't intend to provide a running commentary on this case. I don't provide running commentaries on cases before courts in other parts of the world, nor in Australia, frankly. We have no standing in the legal matter that is currently before the courts. As is the case for any individual, Mr Assange is entitled to due legal process, which we expect the legal systems of both the US and the UK to deliver. (Time expired)