Barrister Ralph Bleechmore said he was gathering facts for veterans who wanted to know if they could legally assist Kurds fighting against Isis

This article is more than 4 years old

This article is more than 4 years old

A lawyer who went to Iraq on a fact-finding mission on behalf of Australian veterans says he was detained by the federal police before and after the journey in relation to offences under the controversial Foreign Fighters Act.



Ralph Bleechmore, an Adelaide-based barrister, said he was searched and questioned in an interview room by Australian police for nearly an hour at Adelaide airport before his departure to Iraqi Kurdistan on 23 October, and on his return was met by two Australian officers for an hour-and-a-half more of questioning on 11 November.

Bleechmore said the purpose of his trip was to gather information for a number of Australian military veterans who requested advice as to whether there is any legal way to assist Kurdish militias in their fight against Isis.

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Bleechmore is lobbying the government to amend the Foreign Fighters Act to shield Australians who volunteer with Kurdish forces, and expressed concern that not enough support was being provided by Australia to the Kurdish effort against Isis.

The 2014 act introduced a penalty of life imprisonment for Australians found to have entered a foreign country with the intention of engaging in hostile activities, and also granted the government the authority to declare certain regions illegal for Australians to visit without an approved reason – an offence that carries a penalty of up to 10 years in prison.

Ostensibly introduced to counter the threat posed by Australian Isis recruits returning from conflict zones in Syria and Iraq, the laws equally apply to Australians who join groups fighting against Isis.

In July Jamie Williams from Melbourne was charged over allegedly attempting to leave Australia to enlist with Kurdish forces, and an investigation is being carried out in relation to Matthew Gardiner’s alleged participation in a Kurdish offensive.

A spokesperson for the AFP told Guardian Australia “an Adelaide man” had recently been spoken to by officers before and after travelling to the Middle East.

“The AFP and Australian government have repeatedly warned Australians against travelling to the conflict zones in Syria and Iraq,” the spokesperson said.

“If the AFP suspects people are travelling to conflict zones, they may be spoken to by officers at airports to warn them that by travelling to these areas they are putting their own lives in danger.”

Bleechmore said that when questioned on his return he used a map to show where exactly in Iraq he had visited, and was asked about foreign volunteers he had met while in Kurdish-held areas.

He said he travelled close to but not into Mosul province, much of which is occupied by Isis and is one of the two “declared areas” Australians are barred from travelling into without an approved reason.

He said he toured the facilities of Kurdish militias and met with Falah Mustafa Bakir, the foreign minister of the semi-autonomous state of Iraqi Kurdistan.

“The Kurds were surprised at the state of Australian law, since the RAAF is bombing in support of them, Australian military advisors are in Iraq and the Australian government is arming them,” he said.

The Kurds did offer to make available “lawful functions” to qualified Australian volunteers, he said.

He stressed he did not have a problem with the AFP questioning him, but rather was frustrated that they were obliged to “waste their time policing bad laws”.

The attorney general’s department has been contacted for comment.

Dr Alexey Muraviev, a national security expert at Curtin University, argued against any exemption for Australians who join Kurdish militias, describing any person who fights for a non-state organisation as a vigilante.

“Anyone prepared to resort to arms in the name of a cause displays the qualities of a radicalised individual,” he said.

“It doesn’t matter who you are fighting for. Once you pull the trigger, it changes you – those without a military background would have serious problems adjusting to civilian life after hostilities cease.”

Queenslander Ashley Dyball is involved with the Kurdish People’s Protection Units (YPG) in Syria, and at least two other Australians – Reece Harding and Ashley Johnston – were killed while fighting for the group against Isis.

The YPG is one of several Kurdish militias involved in the conflict in Syria and Iraq, and is understood to have links to the Kurdistan Workers party (PKK), a proscribed terrorist organisation that seeks to create an independent Kurdistan.