The federal government’s attempt to cast secrecy over a defence whistleblower’s case alleging disturbing misconduct in a torture resistance training course has been criticised as “contrary to the public interest”.
Last year, the Guardian revealed shocking allegations from Damien De Pyle about a training course designed to prepare defence personnel for possible capture by enemy forces.
De Pyle, among other things, alleged he was forced to renounce his religion, simulate the rape of child dolls and masturbate sex toys over Bibles while heavily sleep deprived, believing that instructors would kill fellow participants if he did not comply.
He has launched a federal court case alleging his human rights were breached.
But basic documents associated with his case have been withheld from both the ABC and the Guardian after a federal court judge temporarily suppressed them.
The court did so after a request from the federal government. The request was made so that the documents were not made public before the commonwealth had a chance to apply for a suppression and have its application heard.
It is currently unclear how much of the case the commonwealth wants to suppress or whether it will also seek to rely on the National Security Information Act to withhold sensitive details from being canvassed in court. The law, which gives the commonwealth significant power to have parts of a case suppressed, has been used to cast secrecy over other high-profile proceedings, including cases against Bernard Collaery and Witness K, and another defence whistleblower, David McBride.
The defence department declined to comment when asked on Monday about the reasons behind the suppression, saying it would be “inappropriate” to comment on matters before the court.
Human Rights Law Centre senior lawyer Kieran Pender said open justice was a “fundamental democratic value” that was particularly important in the cases of whistleblowers alleging government wrongdoing.
“The federal government’s latest attempt to shroud important litigation in secrecy is contrary to the public interest,” Pender said. “Whistleblowers should not be silenced through suppression orders.”
The controversial training course, known as Conduct After Capture Level, is aimed at exposing soldiers to torture-like conditions for more than 72 hours in an attempt to help them resist interrogation if captured.
In an interview last year, De Pyle told the Guardian he was disoriented and had lost touch with reality from sleep deprivation. In that condition, he was forced to renounce his Christian faith, simulate masturbation over a Bible and commit depraved acts with a child doll using a sex toy.
“It was a little girl and basically he told me to simulate raping the doll with this dildo … He grabbed my hands and started doing the motion himself with my hands with a dildo and the doll,” De Pyle said.
“It’s an authority figure. I’m in a state of extreme vulnerability. It’s extreme psychological vulnerability. There was no way out for me.”
The program has previously been scrutinised by a Senate inquiry, conducted five years ago, following allegations by a former SAS trooper, Evan Donaldson, that he had been abused during a resistance-to-interrogation exercise 10 years earlier.
The inquiry heard from 10 participants about the lasting psychological damage they suffered following the course and made a series of recommendations to better protect soldiers.
The inquiry heard concerns that the course may not comply with Australia’s international obligations, including under the UN convention against torture and other cruel, inhuman or degrading treatment or punishment.
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