A Senate Inquiry into the Wrongful Detention of Australian citizens overseas has recommended a major overhaul of Australia’s framework for responding to cases of wrongful detention, and deterring foreign regimes from the abhorrent practice of hostage diplomacy.

Following evidence and submissions from Australians who have been wrongfully detained, experts and the Governments of the US and Canada, the inquiry has made 18 recommendations, including that Australia commits to a clear definition to identify cases of wrongful detention, and establishes a specialist team led by a Special Envoy for Wrongfully Detained Australians to manage cases and lead policy on deterring the practice.

Senator Claire Chandler, who initiated and Chaired the inquiry, said the evidence and testimony presented to the inquiry showed that there was an urgency to update Australia’s framework and practices.

“The Committee heard powerful testimony from Australians who have been victims of wrongful detention indicating that the Government’s approach to identifying and managing wrongful detention cases is inconsistent, ad-hoc and too often allows victims and families to slip through the cracks,” Senator Chandler said.

“We are incredibly grateful to the Australians who have suffered and endured appalling treatment wrongfully detained in foreign countries for sharing their stories so that our government can be better equipped to support those currently wrongfully detained, but critically also to prevent more Australians from being subjected to wrongful detention in the future.”

The Committee heard that in addition to Australians being wrongfully detained overseas due to corruption, error, or lack of proper legal processes, there has been an increasing prevalence of foreign regimes engaging in hostage diplomacy to gain leverage over a policy outcome or action, or to secure prisoner swaps.

“Deterring foreign regimes from detaining our citizens is of paramount importance. We heard very clearly from a range of witnesses that increasing transparency and ensuring there are clear consequences and foreign policy responses when a foreign government engages in hostage diplomacy is essential in building deterrence.

“Concerningly, there was limited recognition from government agencies that the wrongful detention of an Australian by a foreign government seeking to influence our government is a form of foreign interference. The Committee’s recommendations are designed to ensure that there is a whole-of-government effort to deterring such practices.”

The report can be found here.