Executive summary and
recommendations
In this report, the committee looked closely at the government's
response to incidents involving Australian citizens who have been kidnapped and
held for ransom overseas. It considered three recent cases—the kidnappings of
Mr John Martinkus (Iraq, 2004), Mr Douglas Wood (Iraq, 2005) and Mr Nigel
Brennan (Somalia, 2008–09). The committee found that although such occurrences
are infrequent, the global trend in this type of crime indicates that Australia
must be prepared for another event.
One of the most compelling messages coming out of this
inquiry was the importance of government agencies, especially the Department of
Foreign Affairs and Trade (DFAT), exercising greater care, consideration and
diligence in the way they deal with the distressed families of a person
kidnapped and held for ransom overseas.
The committee formed the view that DFAT must ensure that
while its efforts are being directed toward the safe and expeditious release of
a kidnapped victim, the family must also be a primary concern. It must make
every effort to keep families well informed about developments and to make them
feel as though they are part of important decision-making. If a family chooses
to engage a private consultant, the department, while adhering to the
government's no-ransom policy, should continue to provide support to the family
and do so in a generous and non-judgemental way.
In this regard, the committee recognised that government
officers liaising with and providing support to a family require a particular
temperament as well as appropriate skills and training. They should form a sub
group of the government's emergency response team mobilised to deal with the
hostage situation. The committee concluded that DFAT should ensure that there
is a pool of suitably qualified personnel ready to fill this family liaison
role as soon as a kidnapping is reported.
The support role of this specialist group should continue
after the victim returns home in order to facilitate his or her smooth
transition back into the Australian community, including assistance locating
suitable counselling and medical services. The committee also found that
government officials should refrain from making unsubstantiated statements or
comments that could be interpreted as politicising the kidnapping.
A debriefing from the relevant agencies that involves a
genuine two-way exchange of information between the family and government
officials is a critical aspect of the recovery period for the victim and the
family. In the committee's view, DFAT should offer, as an established practice,
to conduct such a meeting and make arrangements for the victim of the
kidnapping and family to attend, should they accept the invitation.
The committee has made eight recommendations directed at
relevant government agencies with the intention, by and large, of ensuring that
their engagement with the victims of kidnapping and their families is better
directed at helping them through the ordeal.
Recommendation 1 paragraph
5.38
The committee recommends
that:
- DFAT ensures that the next of kin of any future kidnap victim are
made aware of the option of engaging a private kidnap and ransom consultant;
and
- if the next of kin decide to proceed with a private consultant,
DFAT ensures that any advice or information it then provides to the family is
given in a non-judgemental way; that it is willing to cooperate and to share
relevant information with the consultant as appropriate (given national
security concerns); and that it alerts the family to possible legal
complications to paying a ransom.
Recommendation 2 paragraph
6.42
The committee supports the
establishment of the regular, whole of government coordinating group and
recommends that DFAT give close consideration as to how it can maintain the
high level of skills that members of an interdepartmental emergency task force
require to respond effectively to a kidnapping incident overseas.
Recommendation 3 paragraph
6.43
In particular, the
committee recommends that the coordinating group:
-
commits to regular meetings and keeping up-to-date with global
developments in kidnapping and hostage taking;
- assumes responsibility for ensuring that there is a pool of
specially trained personnel across all relevant agencies ready to respond to an
incident such as a kidnapping abroad;
- oversees the training regime of this pool of specialists that
places a high priority on continuous improvement in interagency coordination
and cooperation through joint training programs and workshops;
- in consultation with other countries and organisations involved
in resolving hostage situations, explores and develops strategies for dealing
with protracted hostage episodes; and
- gives special attention to developing a pool of personnel ready
to take on the functions of family liaison and ensures that this sub group is
seen as an integral part of any interdepartmental emergency task force. (See
following recommendation.)
Recommendation 4 paragraph
7.52
The committee recommends that any inter-departmental
emergency response task force include a sub group dedicated to supporting
families of a victim of kidnapping. This group should be made up of personnel
specially trained for this liaison role and able to provide the family with
ongoing and accurate information. Agencies should strive to maintain the
continuity of the personnel assigned to act in this role.
Recommendation 5 paragraph
8.39
The committee recommends that the family liaison sub group
within the emergency response task force assumes responsibility for ensuring that
a victim of kidnapping has access to appropriate counselling services once
released and is active in helping to facilitate a smooth transition from
medical and counselling services provided overseas to the appropriate domestic providers
once the victim returns home. This recommendation also applies to people who
are released before an emergency task force is mobilised or can take any
substantial action such as in the Martinkus case.
Recommendation 6 paragraph
9.29
The committee recommends
that DFAT examine ways to improve its relationship with the media when dealing
with a kidnapping situation and how it explains its media strategy to media
organisations and family members at the outset of a crisis.
Recommendation 7 paragraphs 10.52–10.53
In light of the
difficulties experienced by both the Wood and Brennan families, the committee
recommends that the government investigate thoroughly the options for making
special allowance for people seeking to transmit money overseas in order to
save the life of another Australian citizen being held hostage.
The committee recommends
particularly that the government consider changes to the relevant sections of
the Criminal Code and the United Nations Charter Act that would allow the
minister at his or her discretion to grant exemptions in exceptional
circumstances.
Recommendation 8 paragraph 11.18
The committee believes that, after every major incident
overseas, an internal review should be undertaken (the committee notes that
DFAT indicated that it does so as a matter of course). This internal review
should provide all agencies that formed part of the response team with
necessary feedback on their performance and also on the performance of the team
as a whole. The committee noted, however, that often the victim and his or her
family would like to be part of a debriefing. In light of this finding, the
committee recommends that:
- the government ensure that DFAT as the lead agency invites the
victim and his/her family and friends to a debriefing from the
whole-of-government emergency response task force including the sub unit
responsible for providing support to the family. Further that:
- if accepted, this offer of a debriefing is to be a two way
exchange of information providing the family with the opportunity to have their
questions answered; and
- DFAT to offer to cover the costs for the victim, family and
friends to attend the debriefing.
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