Senate debates

Thursday, 10 December 2020

Questions without Notice

Assange, Mr Julian Paul

2:17 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

My question is to the Minister for Foreign Affairs, Senator Payne. On 8 December the UN special rapporteur on torture, Nils Melzer, appealed to British authorities to immediately release Julian Assange from prison or place him under guarded house arrest during US extradition proceedings. Minister, today is international Human Rights Day. Will the minister join this call from the UN special rapporteur on torture in calling for Mr Assange's human rights to be protected?

2:18 pm

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

I thank Senator Rice for her question. I haven't specifically heard about Professor Melzer's call today, but I have previously said that the government rejects any suggestion by the UN special rapporteur that the government is complicit in alleged psychological torture or has shown a lack of consular support for Mr Assange. As far as I understand and am advised, the special rapporteur has not been in contact with the Australian government to raise these concerns directly. I have specifically raised the situation of Mr Assange and his conditions previously with senior British officials, and I am assured that his circumstances are appropriate and humane.

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

Senator Rice, a supplementary question?

2:19 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

Minister, I acknowledge your diplomatic and political work to secure the release of Kylie Moore-Gilbert and note that these efforts went well beyond consular assistance. Will the minister recognise that Mr Assange's situation is not simply a consular case and offer the same diplomatic and political support to secure his release?

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

I don't believe it is possible to directly equate cases such as these in the consular context or, in fact, in the legal context. Currently, Mr Assange's extradition case is adjourned until 4 January next year, when Her Honour will hand down her decision. I'm not going to provide a running commentary on those legal proceedings, but the Australian government continues to monitor Mr Assange's case closely, as we do for Australians in detention overseas. As I've previously advised the senator, in the context of estimates, consular officers have attended his extradition and other court—

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

A point of order with regard to relevance. My question was very simple: will the minister recognise that Mr Assange's situation is not simply a consular case?

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

Again I say to senators: you can't simply get up and repeat part of a question without making a point as to how the answer is not relevant to all of the question. Senator Payne was being directly relevant to the question at that point, talking about the assistance being provided, Senator Rice.

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

I was going to add to my answer that consular staff have had discussions with Her Majesty's Prison Belmarsh authorities. They are assured that Mr Assange has access to the care that he needs. Due to privacy considerations that we extend to all consular clients, I am not able to able to disclose any further information relating to Mr Assange.

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

Senator Rice, a final supplementary question?

2:21 pm

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

Minister, 65 of approximately 160 inmates in Belmarsh prison have tested positive for COVID, putting Mr Assange at serious risk. Will you make representations—you personally—for his transfer to house arrest for the duration of the extradition proceedings to protect his health and his human rights? Today is international Human Rights Day.

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

Unfortunately, Mr Assange has withdrawn consent for the Australian government to consult about his personal circumstances, his health and his welfare in prison. Mr Assange withdrew that consent on 13 June last year. We have raised on a number of occasions, with the United Kingdom government and with prison officials, our expectations of how he would be treated. The high commissioner in the United Kingdom has received direct assurances that Mr Assange is held in appropriate conditions with access to a full prison regime of medical support and access to legal advice, noting prison COVID-19 social distancing—

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

Senator Rice, on a point of order?

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

Yes. Thanks, Mr President. Again, my question was whether the minister would make personal representations—

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

Senator Rice, resume your seat. You can't stand up and simply repeat a question. What is the point of order?

Photo of Janet RiceJanet Rice (Victoria, Australian Greens) Share this | | Hansard source

It's relevance. My question was: would the minister make personal representations?

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

Sit down, Senator Rice. Senator Payne was being directly relevant to the answer—directly relevant.

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

Let me conclude by saying that the high commission has written to Mr Assange 18 times offering consular support since his agreement was withdrawn on 13 June last year. The most recent time was on 8 December. We have not received a response from Mr Assange or his legal team to any one of those 18— (Time expired)