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Nov. 23, 2022

SITREP Pod 3: Free Robert Pether, Australian held in Iraq | Pod Hostage Diplomacy

SITREP Pod 3: Free Robert Pether, Australian held in Iraq | Pod Hostage Diplomacy
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Australian engineer and Irish resident, Robert Pether has been wrongfully imprisoned in Iraq since 7 April 2021 as a result of a commercial dispute between the Iraqi government and his Dubai-based employer, CME Consulting. The United Nations Working Group on Arbitrary Detention has stated that his detention is arbitrary and has called for his immediate release. 

We have interviewed Robert’s family three times on this podcast and we speak once again to Desree Pether, Robert’s wife. Since our last conversation with Desree in August, there have been significant updates on Robert’s case and Desree brings us up to speed. 

Desree also talks to us about the lack of progress in Robert’s case since Australian Prime Minister Anthony Albanese spoke to his former Iraqi counterpart earlier this year. Now that Iraq has a new President and Prime Minister, Desree is hoping they will take a different approach. The Iraqi government is also planning on opening an embassy in Ireland and Desree has started a petition calling on the Irish government to first ensure the Iraqis release Robert and let him come home to Ireland.

We also discuss what the Iraqi and Australian governments should do better and how journalists and the public can help free Robert Pether.

For more information on Robert Pether, please check out the following:

Get the latest updates on hostage cases we at Pod Hostage Diplomacy are working on including new episodes by subscribing to our fortnightly newsletter, the Hostage Briefing. Subscribe here.

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Chapters

00:00 - Intro

02:25 - Who is Robert Pether?

05:31 - Significant updates

08:37 - New Iraqi President and Prime Minister

10:55 - Iraqis plan to open an embassy in Ireland

12:08 - Sit-in in front of Iraqi Embassy in London

14:46 - What should the Iraqi government do?

15:39 - What should the Australian government do better?

17:53 - How journalists and the public can help

Transcript

SITREP Pod 3: Free Robert Pether, Australian held in Iraq

SPEAKERS

Daren Nair, Desree Pether

 

Daren Nair  00:05

Welcome to Pod Hostage Diplomacy. We work to free hostages and the unjustly detained around the world. Together with their families, we share their stories and let you know how you can help bring them home.

 

Elizabeth Whelan  00:18

Now when it comes to using the family to get... for Russia to get what they want, if that's the case, they've picked the wrong family, because I'm not going to carry water for the Russian authorities.

 

Daren Nair  00:28

These are some of the most courageous and resilient people among us.

 

Mariam Claren  00:32

I never thought that my mother, Nahid Taghavi, will ever have a link to negotiations in Vienna about the JCPOA. That's so crazy.

 

Daren Nair  00:43

People who have never given up hope.

 

Paula Reed  00:46

Trevor told his girlfriend to tell me to... to be strong. So, I'm trying to be strong for Trevor.

 

Joey Reed  00:50

You know, if Trevor can cope with what he's dealing with...

 

Paula Reed  00:53

Exactly. 

 

Joey Reed  00:53

We can sure cope with the stress.

 

Daren Nair  00:55

People who will never stop working to reunite their families. 

 

Joey Reed  01:00

We'd like to meet with the President. We believe that, you know, he has... he's surrounded by lots of experienced and educated advisors. But I don't believe that any of them have ever had a child taken hostage by a foreign country, especially not a superpower like Russia.

 

Daren Nair  01:15

And we will be right there by their side until their loved one comes back home.

 

Richard Ratcliffe  01:20

Because if enough people care, then the right people will care enough.

 

Daren Nair  01:24

I'm Daren Nair, and I've been campaigning with many of these families for years. When I first started campaigning with these families, I noticed they struggle to get the media attention they needed. So, I decided to create this podcast, which is a safe space for the families to speak as long as they need to about their loved ones, and what needs to be done to bring them home. Thank you for listening, and welcome to Pod Hostage Diplomacy. Welcome to Pod Hostage Diplomacy. Australian engineer and Irish resident, Robert Pether, has been wrongfully imprisoned in Iraq since 7 April 2021. The United Nations Working Group on Arbitrary Detention has stated that Robert is arbitrarily detained and has called for his immediate release. For those of you unfamiliar with Robert's case, this is what happened. Robert Pether and his colleague, Khaled Radwan, who is an Egyptian citizen, both travelled to Iraq to resolve a business dispute between the Iraqi government and their Dubai-based employer, CME Consulting. CME Consulting is an engineering firm, which was working on the new headquarters for the Central Bank of Iraq. The project was hit by delays and increased costs due to the COVID-19 pandemic, and a dispute arose whereby the Iraqi government demanded the return of 12 million US dollars paid to CME Consulting. As a result of this dispute between the Iraqi government and CME Consulting, both Robert Pether and Khaled Radwan, who worked for the company, were detained on 7 April 2021 and put in prison. In March 2022, the United Nations Working Group on Arbitrary Detention, as I said earlier, stated that Rob and Khaled's detentions were arbitrary and called for their immediate release. The working group also stated the following: "Robert and Khaled's imprisonment constituted an enforced disappearance. Their detention is being used to exercise leverage in a commercial transaction, in violation of international law. The working group also observed that Robert and Khaled were lured into returning to Iraq on the pretext of assisting in an investigation and have been arbitrarily detained without any legal basis. The same working group finds credible the numerous allegations of collusion between the judge and the lawyer for the applicants, in this case, the Central Bank of Iraq." Now, if you've listened to Pod Hostage Diplomacy before, you would know that this is our fourth episode on Robert Pether. We've interviewed Robert's son, Flynn Pether, and his wife, Desree Pether, three times before. We tell all the families we interview that we will keep campaigning by their side until their loved ones are free. And we mean it, which is why we keep our listeners like yourself up to date on their cases using Sitrep pods like this one, or Breaking News pods. If you would like to catch up on our previous episodes on Robert, please do listen to them wherever you get your podcast or on our website, podhostagediplomacy.com. Since our last interview with Robert's wife, Desree Pether, in August this year, there have been some significant updates on Robert's case. Here's Desree herself to tell us more.

 

Mariam Claren  01:45

Nobody can prepare you for what our family is going through. Even if someone had told me one year before, in one year, this is going to happen, prepare yourself. It's impossible.

 

Desree Pether  02:00

Well, since we last spoke, the 20 million lawsuit which was in a civil court against them, which was the case that was handed to them just during Ramadan as a retaliation for the UN report. And it's been back and forward for seven months. And then, randomly, they turned up to court about two months ago, and the case was cancelled. And they said that they had new information, and that it was going to get changed to a $36 million case. So, then we didn't hear anything for about three weeks, and we had sort of... kind of, behind the scenes, hoped that they'd come to their senses. And, but no... Then, last Tuesday, they got... or, sorry, the Tuesday before last, they got a summons to appear in court for a $50 million lawsuit against them through the Civil Court. I don't mean to laugh, but it's just beyond a joke, now. It's... it's just completely outrageous. And so, the 36 million, they just decided to round up to 50 million. And again, kangaroo court proceedings: they've not been given access to their laptops to defend themselves. The summons was handed in Arabic, and the paperwork was handed in Arabic, which Robert can't read. So, that's a violation of international law yet again. And also, it was handed to them Tuesday before last. And then last Monday was the first session of court, so they had six days. They had no access to their lawyers. They got access to their lawyers the day after court. And they've still got no access to their laptops, and no access to phones or to their lawyers to defend themselves before the next court session at the end of the month. So, pretty much the same as before, it's all fabrication and manipulation of facts to suit the agenda that is the reason that they're pawns in this game of chess. And it just continues. It just goes from bad to worse. And it's just horrendous treatment of two innocent men. And they also had the application for retrial. And after seven weeks, that was rejected, for a ridiculous reason, saying that there was no new evidence. And yet there was three documents, which were new evidence that was submitted with the application. And we honestly thought that this time around, they would get the app... you know, that application for retrial would happen, and they would be given the opportunity to defend themselves, given so many people involved in this case know that they're innocent, know that they're hostages. The 50 million lawsuit now blatantly shows that it's a hostage situation, because how could two salaried employees ever hope to pay that much money, Robert said himself, it's over 300 lifetimes of income.

 

Daren Nair  08:19

Iraqis now have a new president and a new prime minister. Desree hopes the new administration will take a different approach and free Robert. Desree tells us more, here.

 

Desree Pether  08:31

There's a new prime minister and a new president, um, that came in about five or six weeks ago. And, you know, there's a tiny, tiny glimmer of hope that there might be a more positive outcome given that the new prime minister has a history in human rights. So, I'm hoping that he won't just dismiss this as a judicial matter, the same as the other pre... his predecessor did. And because it's not just a judicial matter, and it's a blatant set up, and, you know, it... they just need to be given the opportunity to defend themselves and to show the evidence. There's mountains and mountains of evidence that shows that they're innocent. And it just needs to stop and for people to still be sitting by and dismissing it as a judicial matter, or burying their heads in the sand about this, they're complicit, because, you know, it's so obvious what's going on, and it just has to stop. And even Australia says they can't interfere in the due legal process of another country. But it's not just due... sorry, the due legal process of Iraq, and their laws. They've broken their own laws where it says, I think, Section 80, where employees can't be held accountable. In the FIDIC contract, which was prepared by the Governor of the Central Bank before he was the governor, when he was the chief legal adviser, says that employees can't be held accountable. And also Iraq has signed on to human rights laws and international laws, which they're also breaching in accordance with the UN report, which was published in March. So, you know, it's just... it's got to stop. It's gone on long enough. It's going from bad to worse to worse. Now we've got a $50 million lawsuit. Robert and Khaled both feel that this is a life sentence. It's like an orchestrated life sentence, and... because there is no way ever that they can pay that kind of money.

 

Daren Nair  10:37

Robert and his family are Australian citizens. However, they now live in Ireland. The Iraqi Government currently do not have an embassy in Ireland. However, they have submitted a request to the Irish parliament to open one. Desree has started a petition on change.org demanding that the Irish government first make the Iraqis free Robert, before they are allowed to open an embassy in the country. 

 

Desree Pether  11:02

Yes, Iraq did actually submit to open an embassy in Ireland where we're living, and it was approved. And I was a little bit upset about that, because, you know, I just felt that, you know, to do that so blatantly, when, you know, the Irish government have done everything they can do to help as well, and that Robert has been treated so horrendously. So, a resident of the country, and his family who are Irish citizens, had, you know, such horrendous ongoing treatment and... and still, you know, taking this opportunity to open an embassy in Ireland, it's just... it was actually quite hurtful when I saw it in the news.

 

Daren Nair  11:50

On Tuesday, 22nd November, which was yesterday, Desree and her 10-year-old daughter, Nala, held a sit-in in front of the Iraqi Embassy in London. We spoke to her a couple of days before this event, to find out what Desree was hoping to achieve by doing this. Here she is.

 

Desree Pether  12:09

On Tuesday, myself and Nala and some friends are going to do a sit-in outside the Iraq Embassy in London. I won't call it a protest, because I don't want it to be a protest. I just need to raise awareness of this case and the malicious prosecution, and that it's not a judicial matter, and raise awareness with the new prime minister and the new president in Iraq and, you know... Do something. The people in authority just need to step up and do something. They can't just keep turning a blind eye to it. And you know, Robert's not well. His mental state is suffering greatly, especially since the 50 million lawsuit two weeks ago. And also remember, they're in a 14-foot cell, and currently, there are 30 men in that cell. And they had an issue with new guards, and some issue with food access for a couple of weeks. And so, you know, he was absolutely at rock bottom. And, you know, my children, they want their dad home for Christmas. I want my husband home, and it's gone for nearly 20 months. And, you know, it's getting to the stage where, you know, we... we wonder... Will we ever see him again? It's, you know, and it's this innocent man. And I even said to the Iraq Embassy when I went visited a couple of weeks ago, "you know, this man was at the top of his game. He could have taken any job, but he wanted to leave a legacy and give something back. And by now, those new hospitals, he would have been overseeing those, and definitely would have been starting significant planning of the mega greenhouses for food security for Iraq, and so condemning these two men, these two innocent men, to imprisonment, possibly for life, that will cost them their lives, when they only wanted to help rebuild the country is, you know, just such a shame."

 

Daren Nair  14:27

Now, Desree, what do you think the Iraqi government should do?

 

Desree Pether  14:31

The Iraq government needs to honour the human rights and international laws that they signed off to. They need to stop dismissing it as a judiciary, a judicial matter, and they need to give these men the opportunity to present the evidence which 110% shows that they're completely innocent. Just... it has to stop. It's... it's... it's just absolute impunity, and one accuser getting away with absolutely everything and holding these men down and to cover himself, and it has to stop. People in authority in Iraq need to step up and do the right thing, and... and let these two men go before it costs them their lives.

 

Daren Nair  15:21

What should the Australian government be doing better?

 

Desree Pether  15:24

I was hoping that Anthony Albanese, the Australian prime minister, would make another call. It's been about 16 weeks since he made a call to the previous prime minister in Iraq. And we've got a new prime minister in Iraq for the last six weeks or so. And I was hoping that he would make a call. Nothing's changed since he made a call to Al-Kadhimi. Nothing's improved by any means. And, you know, it... it has to stop, and also working with other partners. Arbitrary detention in general, everything about that needs to change, the way that... It's like a playbook and every single family who's been in this situation or... or who is in this situation, it's the same. It's a kangaroo court, it's conviction on hearsay, not allowed to defend themselves, no opportunity to present evidence proving their innocence. It's... it's just a repeat, and countries need to step up and start working together like they do with regards to what Russia is doing and Ukraine. And they're very vocal about that. And they work together on that. And they need to stand together. The UN report needs to mean something, and not be completely ignored. It had a six month timeline on it from when it was published in March, and nothing changed. In fact, they... it got worse, and they had new charges brought against them. And so, in actual fact, in some ways, we wish we didn't do the UN report, because then we wouldn't be where we are now with a $50 million lawsuit, which is complete fabrication. And you know, it's so incredibly outrageous. It could be that they're being charged 50 million because the sky is blue and... and the... their accusers wanted it to be purple. That's how ridiculous it is. Or accusing them of being responsible for the last financial crash and COVID, it's that outrageous. When you read it, it's... it's just laughable in an ironic sense, definitely not in a funny sense.

 

Daren Nair  17:34

Now, Desree, how can journalists and the public help bring Robert back home?

 

Desree Pether  17:40

I just... I really, really need help from journalists and from the media to raise the awareness. Spread the hashtag, #FreeRobertPether, and... and just get it out there. I need everyone to be talking about Robert, and I need a gaining of momentum from where it is now. I just need help. I'm absolutely exhausted. I have MS. My symptoms are really bad. My health is deteriorating. After this Iraq Embassy visit next week, I'm going to have to take a week or so and stop, because you know, I'm really, really suffering. I'm having trouble walking. I just... I need help. I need the media to help me spread the word and get it out there and expose this horrendous abuse of two innocent men. Same goes for the public, really. I just... I need help, guys. I need to get that out there. Please share hashtag, #FreeRobertPether, with everyone you can on Twitter, Instagram. If you look it up, you'll see where I am on Instagram and Twitter. And please, just help me share it and please help me get it out there. You know, grab a white T-shirt and write it in permanent marker on the front and wear it and walk around. Just... Just get it out there, and tell his story, and just please help us to get him home.

 

Daren Nair  19:06

Desree, I've said this before and I mean it. We will be right here campaigning by your side until Robert comes back home to you and your three children. Stay strong and know that you're not alone. Thank you for taking the time to speak to us again. Thank you for listening to Pod Hostage Diplomacy. Thank you for giving your time and for showing these families that they're not alone, that there are good, caring people out there, willing to stand by their side and help in any way possible.

 

Richard Ratcliffe  19:38

Because if enough people care, then the right people will care enough. This is a basic rule of thumb that is true for all campaigning.

 

Daren Nair  19:47

If you haven't already, please subscribe to our fortnightly newsletter called The Hostage Briefing. It's the best way to keep up to date with the cases we're working on as well as new episodes. You can subscribe to this newsletter using the link in the description of this podcast episode that you're currently listening to. Thanks again and take care.