The submission focuses on the effect of Criminal Justice Stay Certificates (CJSCs), which are being used to keep child suspects in detention for long periods of time, without access to lawyers or effective judicial review.

“We know that a large number of children, some as young as 12, have been detained in connection with CJSCs for extraordinarily long periods of time.  These kids are not provided with legal advice or any real opportunity for judicial review of their situation.  We need checks and balances in the system to protect these children,” says Phil Lynch, Executive Director of the HRLC.

The submission makes the following key recommendations to better protect suspects’ human rights.

1. A person should only be detained pursuant to a CJSC where such detention is reasonable, necessary and proportionate in all the circumstances.
2. Commonwealth authorities must be required to make a decision whether to lay criminal charge and, if charges are to be laid, do so within 14 days after a CJSC has been issued or such longer period as authorised by a court. Once a reasonable time has elapsed, a Court must be capable of revoking, or declining to extend, a CJSC.
3. The Commonwealth must provide free Legal Aid to persons suspected of people smuggling offences who are being held in immigration detention pursuant to CJSCs.

The submission also repeats the HRLC’s earlier calls to ensure that Commonwealth laws and practices apply the ‘benefit of the doubt’ principle, meaning that suspects who claim to be children must be treated as children, unless proven otherwise.

The HRLC is grateful for the assistance of the Mallesons Stephen Jaques’ Human Rights Law Group in the preparation of this submission.

Time and Date: 12.30 – 2.00pm, Wednesday 4 April 2012

Venue: The Wheeler Centre, Performance Space, 176 Little Lonsdale St, Melbourne

RSVP: by completing this registration form and returning it by 28 March

Price: $20 / $10 concession

The Human Rights Law Centre’s Ben Schokman said a Charter of Human Rights is a cost-effective way to promote human rights and would have significant social and economic benefits.

“Human rights are not optional extras. Experience in other jurisdictions such as Victoria and the ACT demonstrates that human rights protections in fact provide substantial economic and social benefits with minimal implementation costs,” said Mr Schokman.

Tasmanian Attorney-General Brian Wightman has said that work has stalled on establishing a Charter of Human Rights and associated Human Rights Commission because Tasmania can’t afford it. However, other important legislation would still go ahead this year in Tasmania despite budget cuts.

“Human rights violations have both human and economic costs. Investing in the protection of rights for all Tasmanians is crucial and is even more important during times of austerity. Tough economic times mean that individuals are more likely to have their human rights infringed,” explained Mr Schokman.

In its first four years of operation, the Victorian Charter of Human Rights cost only 50 cents per Victorian per year.

“Over the last four years Victorians have enjoyed improved human rights protections for less than the price of a cup of coffee. That’s a bargain.

“A Charter of Human Rights is a practical and cost effective way to protect and promote human rights. If potential violations of human rights laws can be weeded out during the early stages when laws and policies are being developed, then costly challenges and the need for changes are much less likely to be an issue further down the track.

“The Tasmanian Government must adopt the key recommendations of the Tasmanian Law Reform Institute and expedite the introduction of a Charter of Human Rights for the benefit of all Tasmanians” said Mr Schokman.

For further comments, please contact Ben Schokman on 0403 622 810 or ben.schokman@hrlc.org.au

Background

In October 2007, the Tasmanian Law Reform Institute published its Report on A Charter of Rights for Tasmania which recommended that a Charter of Human Rights be enacted in Tasmania.

In October 2010, over 200 organisations and individuals responded to a Directions Paper released by the Justice Department proposing a Charter of Human Rights and Responsibilities for Tasmania.

A copy of the Human Rights Law Centre’s submission on the Directions Paper is available online here.