ADF acknowledges interrogation training abuse claims in wake of Ombudsman findings as more allegations emerge

Warning: Distressing content. This article contains detailed descriptions of torture and physical abuse.

Dozens more former and serving soldiers have come forward alleging abuse during Resistance to Interrogation training, as the Australian Defence Force acknowledged their experiences for the first time.

The Nightly this week revealed $2.9 million had been paid to 57 ADF members, who alleged they were subjected to sickening abuse – including rape, water torture and mock executions – at the hands of their colleagues, while participating in the training.

The course – also known as Conduct After Capture – was designed to prepare Defence personnel for capture by hostile forces. But many claim it crossed the line into abuse and, in some cases, criminal conduct.

This week, the Commonwealth Ombudsman confirmed it received 65 complaints under the Defence Abuse Reparation Scheme relating to alleged abuse during formal or simulated RTI training. The watchdog concluded that in 57 of those cases, the treatment inflicted on members of the Special Air Service Regiment met the highest threshold of abuse under federal regulations.

In a statement to The Nightly, Defence said it “acknowledges the experiences of those affected by earlier versions of Conduct After Capture training”.

“We remain committed to continually reviewing and improving this program to ensure it is delivered safely, appropriately, and in a way that supports the wellbeing of all personnel,” it said.

“The training is voluntary and is one of Defence’s most closely governed and supervised activities, designed to prepare personnel to survive capture.

“Defence does not tolerate unacceptable behaviour in any form. Any allegations, including those relating to this training, are taken seriously and are addressed through established Defence processes.”

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Lawyer Adair Donaldson, who represents 48 of those who lodged claims of abuse under the reparation scheme, said this was the first time Defence had publicly acknowledged his clients’ traumatic experiences.

“If those experiences are now accepted, why were they denied for so long and why did it only come about as a result of individuals having to share their trauma publicly?” he asked.

“Since publication on Tuesday I have been contacted by dozens of current and former ADF members who were exposed to this training.

“They describe the same types of conduct, across different units, locations and time periods.”

Defence has historically maintained that RTI and CAC training was generally limited to personnel assessed as being at high risk of capture, such as special forces soldiers.

“I am now receiving accounts from individuals across all three services and from a range of roles,” Mr Donaldson said.

“This reinforces that this was not confined to a small group or a particular cohort.

“It appears to have been far more widespread than Defence has previously acknowledged.”

On Tuesday, The Nightly revealed allegations that Australian soldiers were brutally tortured, sexually assaulted and psychologically injured during the top-secret training program.

Over the past two decades, RTI and CAC training has been the subject of Senate inquiries, a royal commission and a small number of legal claims and disputes.

But it is now under fresh scrutiny as a potential system of institutional abuse, with allegations of serious misconduct during RTI training dating back to the 1970s.

Questions about the program first emerged publicly in 2004, following global attention on interrogation practices after the Abu Ghraib scandal.

Concerns were raised in Federal Parliament and civil liberties advocates questioned the nature of some of the techniques used.

The ADF suspended interrogation-related training in May 2004 and conducted a series of internal and legal reviews.

Training resumed six months later after Defence and the Attorney-General’s Department confirmed the revised doctrine complied with Australian and international law.

In the early 2000s, a dedicated facility for capture and interrogation exercises was established at the Defence School of Intelligence in Queensland.

From the mid-2000s, consideration was given to introducing external oversight of interrogation training, including potential involvement from organisations such as the Red Cross or Amnesty International. Those proposals were not implemented.

Complaints from participants also began to emerge during this period, including allegations of physical assault, psychological harm and humiliation.

Former SAS trooper Evan Donaldson alleges he was sexually assaulted during RTI training in 2006.

He said that while blindfolded, handcuffed and wearing a thin hospital gown, he was escorted to the toilet and kneed in the buttocks by an instructor, causing a serious injury.

He also alleged he was stripped naked, subjected to prolonged physical and psychological stress and used as a “guinea pig” for interrogation training, leaving him with long-term psychological injury, including PTSD.

Donaldson further claimed Defence mishandled his case, including altering records, stripping his rank and wages, and undermining his career.

After an eight-year legal battle, his service was formally recognised and the matter resolved with a compensation payment reported at about $1 million.

A 2017 Senate inquiry examined the structure, safety and legality of RTI training, which had by then been renamed Conduct After Capture.

Evidence to the inquiry from former participants described exposure to sleep deprivation, sensory disorientation, forced nudity, stress positions and psychological coercion. Some reported ongoing psychological harm.

The inquiry identified concerns about informed consent, including whether participants were adequately briefed on the risks and whether participation was genuinely voluntary.

Medical experts also raised concerns about the potential for long-term harm from extreme stress.

The inquiry recommended improved consent processes, independent psychological screening and better follow-up care. The government accepted many of these recommendations.

Defence maintained the program was lawful, necessary and compliant with Australia’s legal obligations.

Defence also confirmed that RTI and CAC training activities had been recorded and that footage was retained within Defence archives.

“This footage may also be used for training purposes in the context of the ADF Resistance Trainers course conducted by (Defence Force School of Intelligence),” it said.

Across multiple processes – including inquiries, legal claims and complaints – similar patterns of alleged abuse have emerged.

These include the use of prolonged sleep deprivation, sensory disorientation, forced nudity, stress positions, psychological pressure, sexual humiliation, threats of sexual violence and allegations of sexual assault.

Lawyers acting for former participants argue the consistency of these accounts indicates broader systemic issues.

More recent allegations have focused on CAC training conducted in the 2010s.

Former infantry soldier Damien de Pyle alleges he was subjected to extreme physical and psychological stress during a 72-hour Conduct After Capture course at Kokoda Barracks in 2019.

In Federal Court material, he claims trainees were deprived of food, water and sleep over 72 hours, leading to hallucinations and self-harm.

He alleges he was forced to simulate sexual acts on a doll and told that other soldiers would be killed if he did not comply.

He was also instructed to renounce his Christian faith and perform degrading acts involving a Bible.

He says the training caused PTSD and depression and led to his medical discharge.

The Commonwealth denied the allegations and maintained the training was voluntary, lawful and supervised. A without prejudice offer of $80,000 was made.

De Pyle rejected this and eventually settled his matter with Defence for an undisclosed sum, understood to be significantly more than the earlier offer.

The training was also examined in 2022 by the Royal Commission into Defence and Veteran Suicide.

The Commission heard evidence about the psychological risks of CAC training and its potential impact on participants.

It raised questions about whether participation was genuinely voluntary, particularly where training was linked to deployment opportunities and career progression.

Evidence included reports of hallucinations, panic attacks and psychological distress during training.

The Commission also identified a lack of independent research into the effectiveness of the program and its long-term impacts.

Defence maintained CAC training was necessary to prepare personnel for capture by adversaries who may not comply with international law.

It insisted the training was conducted in a controlled environment with medical oversight and in compliance with legal obligations.

Defence also stated that trainees were not subjected to sexual violence or unlawful conduct and that participants could withdraw from the training at any time.

Defence overhauled the delivery of CAC training in about 2022.

Around the same time, under the Defence Abuse Reparation Scheme, 65 individuals lodged complaints relating to RTI and CAC training conducted between 1976 and 2012.

This year, the Ombudsman found that 57 of those cases met the threshold for the most serious forms of abuse and that Defence had failed to respond appropriately.

Those individuals were awarded the maximum available compensation under the scheme of $50,000 each.

Meanwhile, more than 200 serving and former ADF personnel are preparing to launch legal action against Defence over alleged abuse during RTI and CAC after failing to resolve their claims privately.

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