Concurring with the Committee Report
1.1
Senator Jacqui Lambie, of the State of Tasmania, concurs with the
committee report, all of its recommendations, and writes separately to more
fully address the following issues: (1) evidence received on resistance to
interrogation (RTI)[1]
training conducted by the Department of Defence (DoD) doubling as training for
army interrogators, enabling them to practice information extraction techniques
on personnel undertaking training to resist interrogation;[2]
and (2) RTI training recordings by the DoD. Senator Lambie makes two further
recommendations.
1.2
It should be noted that the case of SAS Trooper Evan Donaldson,
mentioned in the committee report, was settled last week.[3]
1.3
Submission 9, Name Withheld, as part of the SAS selection course had
been a participant in a 72-hour RTI exercise, and noted specifically that the
training had 'doubled as a training exercise for army interrogators, using SAS
applicants as targets, again without informed consent...it placed SAS
participants in a position where they were part of abusive, unethical and
illegal behaviour, which once it started, they had no capacity to stop or
extricate themselves from'.[4]
1.4
The DoD’s written submission noted that '[o]nly qualified ADF Resistance
Trainers are authorised to deliver training'.[5]
The DoD submission does not address any issues raised by Submission 9 with
respect to training being doubled as a training exercise for army
interrogators.
1.5
The committee report notes the thousands of hours of recordings made by
the ADF of RTI training. The DoD made available a sample video at its Russell
Offices for a private viewing by the committee in February 2017. Dr Steven
Scally, a 21-year Army career soldier who was both an involuntary participant
in RTI training and later involved as a medical officer, provided a submission
noting that DoD 'will assure that all activities are supervised via CCTV and
recorded for later scrutiny...no amount of CCTV video footage can show the viewer
what has never been recorded, and what cannot be recorded'.[6]
Dr Scally observed that the 'generals, intellectuals and politicians can take
it from here...and decide whether international and domestic laws have been
breached',[7]
citing the United Nations and Geneva Convention principles.
Recommendation 1
1.6
That future Conduct after Capture (CAC) training by the
Department of Defence does not serve as a dual purpose for training
interrogators.
Recommendation 2
1.7
That the thousands of hours of Department of Defence CCTV video
recordings made of RTI and/or CAC be made available to the Commonwealth
Ombudsman for an independent assessment as to whether any United Nations or
Geneva Convention principles on human rights were violated in order to ensure
that Australia has upheld, and continues to uphold, its international
obligations with respect to any treaties it has entered into.
Senator Jacqui Lambie
Senator for Tasmania
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