Australia Must Develop Better System to Aid Wrongfully Detained Citizens Overseas: HRW

Foreign detainees stand behind bars at an immigration detention centre in Bangkok, Thailand, on January 21, 2019. Romeo Gacad/AFP via Getty Images

A global human rights organisation says Australia currently lacks a system to identify cases of wrongful detention of its citizens.

During a Senate inquiry hearing on Sept. 26, Human Rights Watch (HRW) Australian Director Daniela Gavshon raised the concerns.

While Gavshon acknowledged that each case was unique and that there was no one-size-fits-all approach, she said there were many areas that could be improved.

“Over the years, we found that one of the major barriers ... is the lack of a system to immediately identify these cases,” she said.

“In the first instance, they’re treated as ordinary consular cases.”

The director added that even if the cases were later identified, there were no clear processes to escalate for proper handling.

There was also a lack of government support for those who got released from wrongful detention.

“We’ve also found people who’ve been formally wrongfully detained, and their lawyers tell us that they have not been provided with adequate rehabilitation or reintegration support,” she said.

“So sometimes, this means that people have trouble with basic things like accessing the banking system or other government services.”

Staff Turnover Another Issue

Another problem raised by the HRW was the lack of continuity in how cases were being handled.

Specifically, one issue was the rotation of staff handling cases.

“One of the things that we hear a lot from families … is the sort of the feeling of being passed around between different consular officials, and the time lost often in that pass around,” Gavshon said.

“Often, families have said to us [that] they feel that they’ve given a desk officer … and then six weeks later, or three months later, or six months later, that person’s position will change, and then they have to get someone up to speed again.”

To tackle the issue, the HRW director said the government needed to create a special role or a senior staff position that could coordinate rescue efforts.

“Having a specific high-level person responsible for these cases of hostage diplomacy has had a positive impact,” she said.

“It would help in securing release, strategising any communications and collaborations with families, and the same official would then also be able to assist with rehabilitation.”

The testimony comes as former British journalist told the same inquiry that over 10,000 foreigners remained in the Chinese Communist Party’s prison system.

“Not a single Australian prisoner has had a fair and transparent trial. Some are in dire health. Some are over 50, aging rapidly,” he told the Senate Committee.

“Some foreign prisoners have been in jails for 10 years or more. I don’t think any of them deserve to be there.