Julie Bishop - Member for Curtin

ABC News 24 with Lyndal Curtis

Subjects: Detention of Australian lawyer in Libya; Fiji

E&OE…

LYNDAL CURTIS    Julie Bishop, welcome to News 24.

JULIE BISHOP    Thank you.

LYNDAL CURTIS    The Foreign Minister Bob Carr says that Australia is sending the Ambassador to Italy, who has responsibility for Libya, they are trying to get Melinda Taylor’s husband to make contact with her and that is all aimed at making sure she is safe and well. Is that the proper first course of action?

JULIE BISHOP    Yes it is. It is most important that we determine that Melinda Taylor is safe and that she is well, and it is also important for the Libyan authorities to be mindful of the importance of the work of the International Criminal Court. So I am pleased that the Australian government has sent one of our most experienced diplomats in David Ritchie to Libya to ascertain Melinda Taylor’s whereabouts to ensure that she is safe and well, but to also urge the Libyan authorities to respect the work of the International Criminal Court. And it is important that they uphold the significance of the work and the job that the ICC has to do in Libya.

LYNDAL CURTIS    Melinda Taylor is there as part of a defence team for one of Muammar Gaddafi’s son’s, Saif al-Islam, is it important for the work of the International Criminal Court that the process of having a proper defence is taken seriously and that that it is seen to be upheld by the Libyans?

JULIE BISHOP    Libya is in a transition stage from a dictatorship to a fledgling democracy. It is important that Libya be seen to be respecting its international obligations. A very disturbing precedent would be set if Libya were to interfere in the work of the ICC or breach its international obligations to visiting missions.

The President of the International Criminal Court has said that Melinda Taylor and her team attract diplomatic or legal immunity and they are on an official mission. I understand that there may be some dispute within Libya as to how Colonel Gaddafi’s son should be tried. There may be some misunderstanding about the fact that he is entitled to legal representation but Libya must ensure that as a fledgling democracy it respects people’s right to a defence.

LYNDAL CURTIS    How important is it for the International Criminal Court process to be taken seriously, that there is seen to be, there is perceived to be a strong defence for those who appear before the court?

JULIE BISHOP    I believe it is vital for the ongoing support of the International Criminal Court for it to adhere to fairness in trials, and that it doesn’t matter how heinous the crimes may be that are alleged against a particular person that they be entitled to a defence. And I understand that Melinda Taylor was seeking to talk to Colonel Gaddafi’s son about legal representation and he and everybody else who is going to be tried in Libya for war crimes or crimes against humanity are entitled to a defence team.

Now there might be some misunderstanding amongst the military, the militia, or some of the tribal or sectarian groups in Libya, but it is vital that the work of the International Criminal Court be respected. If the Libyan authorities have any concerns about the way Melinda Taylor was going about her job or what she was doing there then they should release her and raise it through official channels with the International Criminal Court directly.

LYNDAL CURTIS    Given as you say the International Criminal Court says that their teams have legal immunity in the countries in which they operate, do you expect that the Libyans – do you say to the Libyans they should release her immediately? 

JULIE BISHOP    I urge the Libyan authorities to release Melinda Taylor and her team. If they have concerns about the way the ICC are conducting the trial then they should raise it with the ICC but not hold the lawyers in Libya against their will. And I understand that is why David Ritchie will be heading to Libya to make contact with Melinda Taylor and to secure her early release so that she can go back to the ICC and continue the work that the Court has to do in order to establish a legal framework in Libya.

Now the situation in Libya has deteriorated. It has been reported there has been ongoing tribal and sectarian violence. The national elections have been put off until the 7th of July and there are major logistical difficulties in holding elections in a nation that hasn’t had an election in over 50 years. But that is why it is so important for a fledgling democracy like Libya to uphold its international obligations and to ensure the work of the International Criminal Court can continue unimpeded.

LYNDAL CURTIS    If I could ask you one quick question of our own region. There has been some criticism in one of the papers from Fiji’s acting Prime Minister criticising Bob Carr, accusing Australia of pontificating saying that Australia has marginalised and ostracised Fiji and Fijians and that it needs to engage on an equal footing. Do you think that Australia’s policy towards Fiji can ever be conducted on an equal footing while Fiji hasn’t resumed as a normal democracy?

JULIE BISHOP    I have been concerned for some time that the government’s approach to Fiji was not assisting the situation there. We should be working closely with the Fijians to ensure that an election is held in 2014. Back in 2006 when the military coup occurred it was appropriate to impose sanctions at that time. And of course we don’t condone military coups – never have and never will – but in order for the people of Fiji to have their say, in order to restore the rule of law and democracy to Fiji we should be working hand in hand with the Fijian government to ensure there can be an election in 2014. Our allies and friends in the region - including New Zealand, the United States, Japan - have urged the government to renew efforts to work with Fiji to establish a rule of law, democracy and normality in our relations with the country.

LYNDAL CURTIS    Julie Bishop, thank you very much for your time.

JULIE BISHOP    Thank you.