Australia–East Timor spying scandal

The Timor Sea (blue) is a rich source of oil and natural gas

The Australia–East Timor spying scandal began in 2004 when the Australian Secret Intelligence Service (ASIS) planted covert listening devices in the cabinet office of East Timor, with the purpose of gathering information related to the negotiations of the Timor Sea Treaty, which governs the sharing of energy resources between Australia and East Timor.[1]

In March 2014, the International Court of Justice (ICJ) ordered Australia to stop spying on East Timor.[2]

ASIO raids

The Australian lawyer Bernard Collaery, who was representing the East Timorese government in a dispute against the Australian Government over the bugging of cabinet offices during the negotiations for a petroleum and gas treaty in 2004, alleged in 2013 that two agents from the Australian Security Intelligence Organisation (ASIO) had raided his Canberra office and seized his electronic and paper files.[3] A key witness for the case, an unnamed retired ASIS director was also detained and passport cancelled which prevented their testimony. The whistleblower decided to testify after learning that the former Foreign Minister, Alexander Downer had become an adviser to Woodside Petroleum.[4] The passport of the whistleblower involved was still being held as of February 2016.[5]

Collaery's allegations were later confirmed by Australia's Attorney General George Brandis, who asserted that he had authorised the ASIO raids to protect Australia's national security.[6]

Court ruling

In 2013, East Timor launched a case at the Permanent Court of Arbitration in The Hague to pull out of a gas treaty that it had signed with Australia as it accuses the latter of having ASIS bug the East Timorese cabinet room in Dili in 2004.[7]

On 3 March 2014, in response to an East Timorese request for the indication of provisional measures, the International Court of Justice (ICJ) ordered Australia not to interfere with communications between East Timor and its legal advisors in the arbitral proceedings and related matters.[8]

The case was officially removed from ICJ's to-do list on the 12th of June 2015[9] after Timor-Leste confirmed that Australia had handed back the goods: "the Agent of Timor-Leste explained that, “[f]ollowing the return of the seized documents and data by Australia on 12 May 2015, Timor-Leste [has] successfully achieved the purpose of its Application to the Court, namely the return of Timor-Leste’s rightful property, and therefore implicit recognition by Australia that its actions were in violation of Timor-Leste’s sovereign rights”[10]

Subsequent Effects on Relations

The Timor-Leste government has continued to press Australia for an equidistant border between the two countries.[11] The labor party in 2016 floated the idea of a new deal to be struck between Timor-Leste and Australia.[12]

See also

References

  1. ↑ "Australia defends East Timor spy row raid". BBC. 4 December 2013. Retrieved 4 March 2014.
  2. ↑ Allard, Tom (4 March 2014). "Australia ordered to cease spying on East Timor by International Court of Justice". The Sydney Morning Herald. Retrieved 4 March 2014.
  3. ↑ "Lawyer representing E Timor alleges ASIO agents raided his practice". PM (ABC Radio). 3 December 2013. Retrieved 4 December 2013.
  4. ↑ "East Timor spying scandal: Tony Abbott defends ASIO raids on lawyer Bernard Collaery's offices". ABC news (Australian Broadcasting Corporation). 4 Dec 2013. Retrieved 2014-11-26.
  5. ↑ "Bishop rejects former spy's bid to have passport returned". ABC News. Retrieved 2016-02-10.
  6. ↑ Massola, James (4 December 2013). "Raids approved to protect 'national security': Brandis". The Australian Financial Review. Retrieved 4 December 2013.
  7. ↑ Australian Broadcasting Corporation (5 December 2013). "East Timor spying case: PM Xanana Gusmao calls for Australia to explain itself over ASIO raids". Australian Broadcasting Corporation.
  8. ↑ Questions relating to the Seizure and Detention of Certain Documents and Data (Timor-Leste v. Australia), Request for the Indication of Provisional Measures, 3 March 2014, para 55, part 3 of the operative part.
  9. ↑ http://www.icj-cij.org/docket/index.php?p1=3&p2=1&case=156&code=tla&p3=6
  10. ↑ http://www.icj-cij.org/docket/files/156/18692.pdf
  11. ↑ "East Timor appeals to Australia over border". The Age. Retrieved 2016-02-10.
  12. ↑ "Labor offers new maritime boundary deal for East Timor". The Sydney Morning Herald. Retrieved 2016-02-10.
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