Dr. Kay Danes, OAM is a member of the
Australian Wrongful and Arbitrary Detention Alliance (AWADA).
When a loved one is wrongfully detained abroad, families face a complex challenge. They must navigate foreign legal systems, deal with government bureaucracy, and often engage with media. All while worried about their loved one who may be imprisoned due to misunderstandings or as a diplomatic hostage.
AWADA was founded by Australians with first-hand experience of wrongful and arbitrary detention.
THE DANES CASE
IMPRISONED FOR TRUTH: THE DANES FAMILY ORDEAL
On a fateful December day in 2000, Kerry and Kay Danes' lives were shattered when Laotian Secret Police forcibly separated their family and subjected them to unimaginable horror. Torn from their young children—Nathan, just 7, and Sahra, only 10—the couple endured torture and ill-treatment in the notorious Phonthong Prison where they were held arbitrarily for 322 days.
Their only crime? Standing in the way of a government seizing assets from innocent foreign investors. The Lao secret police attempted to brutalise Kerry into signing false statements but failed. Meanwhile, Kay desperately tried to evacuate their children before being taken herself at the border. Australian officials stood by, helpless to intervene.
Against overwhelming odds, the Australian Government's relentless diplomatic pressure finally secured their freedom through a Presidential Pardon—a powerful testament to human resilience in the face of injustice and the critical importance of diplomatic intervention when citizens face human rights abuses abroad.
'The Danes Case Study' (Download) See Inside Report for government letters and more...
... I'm very grateful that the Australian government may be finally willing to officially recognise Australians like me and others who were wrongly and arbitrarily detained overseas. I can personally attest to the fact that arbitrary detainment is terrifying. I would urge you to imagine for a moment that you are working overseas when government forces suddenly come into your office, drag you out onto the street, throw you into a car, drive you to a secret location where you are held indefinitely in a tiny cell without food, water or medical care. You're cut off from the rest of the world. You're cut off from anyone who can help you. You're subjected to torture in an attempt to force a false statement to an invented crime, and you are stripped of your dignity and rights. You struggle every day to survive inhumane conditions. This happened to me, and it can certainly happen to you.
Because of this ordeal, I am no longer eligible, along with other people like me, to travel under the Australian visa waiver program, despite my more recent employment where I travelled on a diplomatic passport, having met the criteria for the most stringent government security vetting protocols both foreign and domestic. Instead, I'm forced to live with a label of 'moral turpitude', which is considered to be conduct contrary to community standards of honesty, good morals or justice. And the label persists today, despite the fact that my dedication to international humanitarian service, social justice and human rights is recognised by the Australian Government and international organisations and that I'm also the recipient of the Medal of the Order of Australia, Rotary International awards, Australia Day honours and awards and other notable awards for my service to humanity.
None of these accolades or security clearances can spare me the indignity of what I must face whenever I seek to travel overseas as a common tourist. I therefore appeal for your compassion to advocate for those of us who have faced such injustice that, even with the offering of a presidential pardon, which was the case in our case, there is no relief!" -- Dr Kay Danes, OAM* (26 Sep 2024)
* OAM is the acronym for the Medal of the Order of Australia which is Australia's national system of honours and awards established by Queen Elizabeth II in 1975 to recognize citizens and others for outstanding achievement and service. Appointments to the order are made by the Governor-General of Australia with the approval of the Sovereign.
THE DIPLOMATIC PROCESS: The Danes Case
Prominent Australian Lawyer representing the Danes: Ted Tzovaras
The legal brief dated 30 May 2001, prepared by Australian lawyer Ted Tzovaras and Australian Ambassador Jonathon Thwaites, upholds the following statement by Mr. Tzovaras in his capacity as a Barrister and Solicitor of the High Court of Australia and the Supreme Court of New South Wales (Australia):
"Mr and Mrs Danes have been detained without being charged for over 5 months. That this has occurred is unlawful. That the Lao PDR authorities have insufficient evidence on which to base any charge is plain. Moreover, the evidence proffered by Mr and Mrs Danes establishes their innocence. In these circumstances they should be released from prison without delay.
It was necessary – it was critical – for me to work behind the scenes. We had no idea what the allegations were. We had to build our defence on the basis of what we anticipated the charges might be. But it had nothing to do with the legalities, because the legal system in Laos is not developed. You do not fight it as a legal battle. It is a persuasion exercise and it is … and you have to persuade the government officials, not the judges.” (Refer to the Danes Legal Case)
Australian Ambassador to Laos: Jonathan Thwaites
"Kerry Danes is obsessed by his honour, his reputation, the honour of Australia, the honour of his regiment. He’s a member of the SAS, and that carries with it a code of pride and honour in which the most important aspect is that he be ready for anything. That means that he keeps himself at peak fitness in the most adverse circumstances, that he endures pain, that he is not allowed to show undue emotion, that he is constantly on the outlook for adjustments that might be needed to enable him to survive, and that he doesn’t admit defeat on anything. His attitude, during this ordeal was that he could take it, and if, if he couldn’t, well, he bloody well would take it.
But what was not fair, what was really gnawing away at him, was watching his wife undergo these ordeals too. Kay, on her hand, wouldn’t hear of being separated from Kerry for fear of what might then be done to him. If Kerry with all his SAS training, with all his discipline and dedication, patriotism, is ever going to break, it’s not going to be for physical reasons. It’s going to be because he doesn’t feel he can restore his good name, and that he has somehow been judged by his own people to be guilty of something that he absolutely didn’t do."
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Australian Foreign Minister: Alexander Downer
"We're dissatisfied with the whole of this process and the way it's been handled.
Downer described to the media that the Laotian court decision as "disturbing and disappointing" and urged for a swift appeal. He emphasized that polite diplomatic pressure and strong ties between Australia and Laos contributed to the Danes' release.
"Polite diplomatic pressure and the strength of ties between Australia and Laos had made the release possible."
What other actions did Downer take to help the Danes?
Former Australian Foreign Minister Alexander Downer actively engaged in a number of diplomatic efforts to help Kerry and Kay Danes beyond just advocating for a pardon:
1. Pressing for their release: Downer repeatedly urged the Laotian government and his counterpart, Somsavat Lengsavad, to release the Danes, highlighting that their continued detention was straining relations between the two countries.
2. Raising the issue internationally: He brought the case to international attention, emphasizing the Australian government's commitment to ensuring the Danes' well-being and eventual release.
3. Sending a high-level envoy: Downer dispatched a top-ranking diplomat, John McCarthy, to Laos to negotiate on behalf of the Danes.
4. Expressing dissatisfaction with the trial: After the Danes were convicted, Downer publicly expressed his disappointment with the process and urged a speedy appeal, stating that he was "dissatisfied with the whole of this process and the way it's been handled".
5. Cautioning against threats but emphasizing concern: While avoiding threatening language, Downer clearly communicated Australia's deep concern about the situation and the potential impact on Laos's international reputation, particularly regarding investors.
6. Highlighting the humanitarian aspect: He also expressed empathy as a parent for the Danes' children who were separated from them during their imprisonment.
7. The Australian Government considered the case not as a criminal matter but as one with strong elements of arbitrary and wrongful detention, warranting a whole-of-government approach.
Overall, the Australian government's view of the Danes' detention as "arbitrary" arose from a combination of concerns about the legal process, the strength of the evidence against them, the circumstances surrounding their arrest, and the conditions of their imprisonment. They viewed it as a situation where their citizens were potentially being held unfairly and unjustly, warranting diplomatic intervention.These actions demonstrate Downer's active and comprehensive engagement in the diplomatic efforts to secure the release of Kerry and Kay Danes.
Australian Prime Minister: John Howard
Australia's then-Prime Minister John Howard made several significant comments regarding the Kerry and Kay Danes case, reflecting his government's concern and diplomatic efforts:
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Calling for release: In April 2001, Howard wrote to Laotian Prime Minister Bounnyang Vorachit, stating that a "clear case has not been made against them" and that they should be released.
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Expressing Strain in Bilateral Relations: Howard, like his Foreign Minister Alexander Downer, emphasized that the ongoing detention of the Danes was putting a strain on the relationship between Australia and Laos.
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Highlighting Government Concern: Howard underscored the Australian government's deep concern about the Danes' situation and the impact it could have on the country's reputation.
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Acknowledging Diplomatic Pressure: While avoiding specific threats of sanctions, Howard made it clear that Australia was using diplomatic channels to press for the Danes' release.
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Concern about Lack of Due Process: While not directly commenting on their guilt or innocence, Howard's statement about the lack of a "clear case" against them suggests a concern about the fairness and transparency of the legal process in Laos.
In essence, Prime Minister Howard publicly and privately expressed strong concerns about the Danes' detention, emphasizing the need for their release and the importance of addressing the issue for the sake of the bilateral relationship and Australia's reputation. The media's portrayal suggested Howard's letter was a crucial component of this broader diplomatic strategy, signaling the Australian government's unwavering commitment to securing the Danes' freedom.
Governor General of Australia: Sir William Deane
Sir William Deane, as Governor-General of Australia was involved in the formal process of the Australian Government's efforts to secure the release of Kerry and Kay Danes from prison in Laos. His excellency made formal representations to the President of Laos.
Australian Embassy First Secretary and Consul: Robin Hamilton-Coates
"I was previously an Australian consular official (First Secretary and Consul) employed by the Commonwealth government, Department of Foreign Affairs in Laos in 2000 when Ms Danes and her husband were taken into custody. I visited them regularly, and was engaged in the diplomatic process that resulted in their being released from detention. I always believed, by my analysis by the facts, that they were both innocent of the charges against them, which were fabricated to suit a narrative that benefited certain Lao Government individuals. They subsequently received a Presidential pardon negotiated by the Australian Government and events have proven that the history of the matter was very complex. Ms Danes has continued to distinguish herself in the field of human rights and social justice and I admire her greatly."
THE RIPPLE EFFECT: The Danes Case was one of the very first cases of an Australian arbitrarily and wrongly detained overseas.
Senate Foreign Affairs, Defence and Trade
References Committee
Inquiry into the wrongful detention of Australian citizens overseas.
Dr. Kay Danes is a highly respected human rights advocate and influences Australian politics through her advisory work. Her recommendations to the Australian Senate and parliamentary committees have shaped policies affecting vulnerable populations.
Australian Senate Report: November 2024
The Senate Foreign Affairs, Defence and Trade Committee released its report and has not only adopted every single one of the recommendations made in Dr Danes' and AWADA's institutional submission but added to them too, including those of the AWADA member's personal submissions!
The Australian Senate Foreign Affairs, Defence and Trade References Committee final report. (Download)
Public Hearing Program: (Download)
Personal Submission to the Australian Senate (Right):
Dr Kay Danes' submission to the Australian Senate Foreign Affairs, Defence and Trade References Committee 21 AUG 24. On page 17 of this submission is 'The Danes Case Study' (Download)
VIDEO OF TESTIMONY
Senate Foreign Affairs, Defence and Trade References Committee Inquiry: The testimony of Dr Kay Danes, OAM. (Initial audio problems fixed at 2:35min mark).
Collaborating with Like-minded Individuals and Groups
Dr Kay Danes collaborates with Dr Kylie Moore-Gilbert, who was wrongfully imprisoned in Iran from 2018-2020 on espionage charges after attending an academic conference. Released in a prisoner swap, she served 2 years and 3 months of a 10-year sentence.
Dr Moore-Gilbert is the founder of AWADA and in 2024 submitted a report to the Australian Senate Inquiry on Wrongful and Arbitrary Detention of Australian Citizens Overseas.
AWADA Organisation Submissions: (Link)
Testimony of Dr Kylie Moore-Gilbert: (https://youtu.be/ecP5pPZ7JIM)
