Questioning of the 20-year-old dual citizen by Australia’s law enforcement agencies raises concerns about the use of coercive powers on the young and vulnerable
A 20-year-old Australian who alleged he was tortured by a foreign intelligence agency was forced to undergo a coercive interrogation before the Australian Crime Commission and questioned more than five times by Australian Security Intelligence Organisation operatives.
The Australian dual citizen, who can only be named as ZZ due to a non-publication order, was questioned by the ACC as part of its investigation into foreign fighter recruitment and funding in 2014.
The ACC can compel people to attend hearings in secret and force them to answer questions.
After refusing to answer a series of inquiries to the ACC’s satisfaction, ZZ was charged and found guilty of contempt by the federal court and imprisoned for a month until he agreed to answer questions.
Guardian Australia can reveal that in the course of the federal court proceedings, ZZ disclosed to forensic psychiatrist Richard Furst that he had been subjected to “severe torture” by a foreign intelligence agency.
Well before the crime commission hearings, Asio officers had been made aware of the allegations, after they questioned him five times in early 2013. During the course of this questioning, he told officers about his treatment at the hands of the foreign intelligence service.
A report by Furst said: “He travelled to [redacted] when he was 18 years of age, apparently being detained at the time for just over one month. ZZ said ‘I was just travelling. I was locked up. I had a rough time.’ He said that he was subject to ‘severe torture’ and ‘interrogation’ by the [redacted] intelligence service.”
Guardian Australia has obtained and published the full transcripts of ZZ’s secret hearing before the commission. Ordinarily it would be unlawful for these transcripts to be made public.
They reveal ZZ was subject to heavy interrogation by the crime commission and was placed under immense pressure in his examination.
The case raises concerns about the use of the ACC’s coercive powers on young and vulnerable people who may have some connection to terrorism investigations, and whether it could be creating community resentment of law enforcement agencies.
The president of the NSW Council for Civil Liberties, Stephen Blanks, told Guardian Australia the “draconian powers” of the ACC were of great concern.
“There is almost no scrutiny or accountability with how the ACC works. And it is entirely possible that its activities are a significant factor in deterring people in the Australian community from cooperating with law enforcement agencies because of the fear that draconian powers will be used against them,” he said.
“We need to return to a system where people cannot be forced, against their will, to give evidence which incriminates themselves or their spouses, children or parents. The privilege against self-incrimination is a fundamental freedom. Any government concerned with fundamental freedoms would turn their attention to the operation of the ACC and reduce its powers.”
Birchgrove Legal solicitor Moustafa Kheir, who has experience dealing with ACC cases, said the way it held proceedings was a “form of intimidation”.
Both the state and federal crime commissions are increasingly being relied on in terrorism matters to help the Joint Counter Terrorism Team (JCTT) build cases against terrorism suspects.
The chief executive officer of the ACC, Chris Dawson, told Guardian Australia the powers granted were similar to those given to royal commissions, and the ACC was called in where “traditional law enforcement methods are not effective”.
“The Australian Crime Commission is supporting the national effort against terrorism through its foreign fighters taskforce,” he said.
“Working under Project Ridgeline, the Australian Crime Commission is increasing the national understanding of the evolving threat posed by foreign fighters, identifying previously unknown threats, and contributing to domestic monitoring and disruption activities.”
Dawson said the coercive powers “have the potential to save lives by identifying additional terrorist suspects or their facilitators, domestically and offshore”.
The ACC “adopts measures to accommodate young and vulnerable witnesses”, he said, and would be protected under general administrative law principles.
The law enforcement body could be set to grow more powerful. Several bills are before federal parliament that could result in it being merged with Crimtrac and other agencies.
Source: The Guardian