May 17, 2025
JAMES PATERSON: Good afternoon, everyone. Thank you very much for coming out on a cold afternoon. I'll make some brief remarks on the Oscar Jenkins matter, and then I'm very happy to take follow-up questions on that or any other matter.
I note that the Foreign Minister has made a statement on behalf of the Australian Government in relation to Mr Jenkins' circumstances, and the Opposition provides our unequivocal, bipartisan support for the Government on this issue. There is not a cigarette paper of difference between them and us on this issue, and we support their handling of the matter. What has happened to Mr Jenkins is egregious. It is a breach of international law. And if the Russian Federation ever aspires to rejoin the international community as a respected member again, they should adhere to the obligations they are under to treat Mr Jenkins and all other prisoners of war fairly and legally. They're clearly not doing so with their sham prosecution of Mr Jenkins. He is a member of the Ukrainian Army and is therefore a prisoner of war and entitled to the protections that flow from that, including under the Geneva Convention. So we do hope that Russia understands those obligations, fulfils them and returns Mr Jenkins along with other prisoners of war in an appropriate way as part of the ceasefire negotiations. Happy to take questions.
JOURNALIST: Russia clearly isn't fulfilling their obligations. What makes you so sure that your government, the Albanese government, is going to be able to get Oscar released?
JAMES PATERSON: Well, we need to join with other partners internationally who have citizens in similar circumstances to put significant pressure on Russia about our expectations of them. Russia has things that it wants from the international community, including the lifting of sanctions against them and their economy. It should be made very clear to them that that won't happen until firstly they end their unjustified illegal war on Ukraine and enter into ceasefire negotiations with the Ukrainians, and secondly that they treat all parties captured as part of this conflict consistent with their obligations under international law and the Geneva Convention. Until they do both of those things, they should not expect a welcome seat at the table from the international community.
JOURNALIST: So until that time, Oscar essentially just has to sit in prison for potentially up to 13 years.
JAMES PATERSON: I'm gravely concerned about Mr Jenkins' fate at the hands of the Russian Federation under Vladimir Putin. It is extremely concerning the way his capture has been handled so far, and I do have very serious concerns about his welfare, as I know his family and friends here in Australia do too. That's why we provide our unequivocal bipartisan support to the Albanese Government in the handling of this matter.
JOURNALIST: Do you think a prisoner exchange is on the table?
JAMES PATERSON: I'm hopeful that that will be able to happen as part of the ceasefire negotiations. That is the appropriate resolution to this, consistent with the Geneva Convention and the international obligations that Russia accepts as a part of the international community.
JOURNALIST: So, no prisoner exchange until the ceasefire is accepted?
JAMES PATERSON: Well, there have been prisoner exchanges prior to any ceasefire negotiations, and it is not the only pathway to resolution of this. There could be an exchange of prisoners prior to that, but obviously, the international community is strongly supporting and lobbying for a ceasefire because this has been a war that has gone on too long and has come at too high a human cost. And it should come to an end.
JOURNALIST: What would you want to say to Oscar's family that has been through a lot since his capture?
JAMES PATERSON: All Australians stand with Mr Jenkins and his family and friends and loved ones who would be understandably distressed about the circumstances that he finds himself in. He has every Australian rooting for him and across the political spectrum, he has the bipartisan support of the Australian government.
JOURNALIST: Were you not surprised by this sentence?
JAMES PATERSON: None of us should be surprised about the way in which Russia has conducted itself in this war so far. They have breached every international convention, every international law, every international protocol so far, and so this conduct is unfortunately consistent with their pattern of behaviour. But Russia does aspire to be a country which is respected by the international community, which is once again welcomed back to international forums, which is regarded as a significant power in the world, and that will not happen until it changes its conduct.
JOURNALIST: Considering he's been convicted as a mercenary, how is that different to a prisoner of war?
JAMES PATERSON: Well, Russia is relying on, frankly, a unique reading of the law to arrive at the position that he could be treated any differently other than a prisoner of war. He is a prisoner of war, he was fighting for the Ukrainian National Army, he was part of the Ukrainian Army. And he's afforded all the protections of the Geneva Convention under that. He should not be treated any way differently.
JOURNALIST: Senator, you mentioned you'd be open to, or you'd welcome, a prisoner swap. Specifically, would you back the prisoner swap of the two Russian spies in Australia in exchange for the release of Oscar Jenkins?
JAMES PATERSON: That matter hasn't been concluded before the courts in Australia yet, and so in my view it's premature to discuss that as a pathway to resolve this issue. That matter is still pending. They've not yet been convicted of the charges that they are facing, and no negotiations could be entered into prior to the resolution of those legal issues.
JOURNALIST: The Foreign Minister, Penny Wong, has labelled it a sham trial. Would you go as far as that?
JAMES PATERSON: Yes, the Foreign Minister is absolutely right to describe this as a sham trial. It is an abuse of international law; it is a breach of the Geneva Convention. Mr Jenkins is part of the Ukrainian army; he should be treated as a prisoner of war and be afforded all the protections and rights that normally flow from that status.
JOURNALIST: Do you think though the government is allowing Russia to treat Oscar Jenkins this way because they don't want a ceasefire. They know that's what you want. So therefore Oscar Jenkins is just a pawn in this war?
JAMES PATERSON: It's difficult for me to speculate about the motives of Vladimir Putin. They've been hard to understand since the beginning, the commencement of this war, which is not in Russia's interest, it's not in Ukraine's interest, it's not Europe's interest, it's not in the world's interests. And it's done immense harm and caused immense human suffering, including to the Russian people as well as most obviously the people of Ukraine. All that Australia can do is to advocate for Mr Jenkins and his rights, and to continue to support the Ukrainian people in their resistance against this illegal and unjustified invasion by Russia. We stand with Ukraine and we always will.
JOURNALIST: Thank you. I'm just wondering, have you seen the new images of Mr Jenkins in the dock, and what did you make of his appearance?
JAMES PATERSON: I have seen some of the images purportedly of Mr Jenkins. I'm not able to independently verify them, but obviously, they would be very distressing for his family and friends to see, and I don't want to comment on his medical status or otherwise. It's very clear that he's suffering under very difficult circumstances, and I'm particularly troubled by the reports that as part of his sentence, that he will be sent to some sort of penal colony to serve out his sentence. That would be a shocking mistreatment, a shocking further mistreatment of Mr Jenkins.
JOURNALIST: And can I just ask about a potential prisoner swap? It would require a diplomatic or political effort to achieve that, wouldn't it? And do you think Australia and Russia are in a position to be able to achieve that anytime soon?
JAMES PATERSON: Well, there have been prisoner exchanges already as part of this conflict between Russia and Ukraine, and for the purposes of this exercise, Mr Jenkins was fighting for Ukraine and Ukraine is making representations on his behalf, and that's appropriate. Australia's not directly party to negotiations as I understand it with Russia because Mr Jenkins is not fighting for Australia as part of this conflict. And we're hopeful that there can be a resolution through those negotiations between Ukraine and Russia, and it would also be obviously welcome if it were accompanied by a ceasefire.
JOURNALIST: Senator, the Australian Federal Police have entered a Pacific peacekeeping training program. Can I get your understanding of this deal and why it's in Australia's interest to be the biggest player in the Pacific and to be more than a neighbour?
JAMES PATERSON: The Australian Federal Police have a long track record of excellent cooperation with their Pacific partner police forces across Pacific Island nations. We have been supporting the training of Pacific Island Police for years in the region, and I certainly welcome a continuation and expansion of that cooperation and that involvement. As a rule of law nation, as a democracy, Australia has a special responsibility to assist our Pacific Island family and friends with law enforcement in a way that frankly other powers in the region are not as well equipped to do. Because of our commitment to the professionalism of the police service, because of our commitment to the rule of the law, we can provide training which is much more appropriate for the circumstances of the Pacific than others who have offered those kinds of assistance in the past.
JOURNALIST: Is it enough to keep China out?
JAMES PATERSON: The Pacific island nations are sovereign nations, and they can make decisions in their own best interests, but Australia aspires to be and must be their first partner of choice for security and law enforcement. And we should do everything we can to help underpin their sovereignty and their security so that ultimately it's the people of the Pacific who determine their own future, not others from outside the region.
JOURNALIST: Thank you. And just finally, the Prime Minister is in Rome. I understand he'll have a number of sideline meetings or discussions while he's there. What do you hope that the Prime Minister can achieve from those discussions?
JAMES PATERSON: Australia's relationship with the Vatican is a really important international relationship. It's obviously significant to the large number of Australian Catholics who live here, but the Catholic Church is also a very important partner internationally for the things that Australia wants to achieve on the international stage and strong diplomatic relations with the Vatican are very welcome. I've seen media reports that the Pope will be invited to visit Australia. We would certainly welcome a visit from the newly designated Pope to visit Australia; he'd be very welcome here.
JOURNALIST: I was just going to ask one on Sussan Ley, obviously released a statement about the sad passing of her mother. Have you been able to talk to her? You know, how is she going? It would obviously be a really tough time.
JAMES PATERSON: I haven't spoken to Sussan today, I didn't want to bother her given she's dealing with her mother's passing today, but I know that Sussan is deeply appreciative of all the very warm wishes that have been sent her way from all around the country. It's a very difficult thing to do to lose a parent but particularly in an extraordinary time in Sussan's life, becoming the leader of the Liberal Party. I know she's greatly honoured by that and to have her mother witness that and see that in her final days of life is a very special thing that I know Sussan cherishes. And the thoughts of me and all of my colleagues go to Sussan and her family in dealing with her mother's passing.
JOURNALIST: Thank you. I think we're all done.
JAMES PATERSON: Thanks, everyone.
ENDS