Posts tagged Prisoner Rights
Over 100 organisations call on Attorneys-General to raise the age to at least 14

A joint statement signed by over 100 health, legal, social, community services providers, advocates and Aboriginal and Torres Strait Islander Community Controlled Organisations today reiterated calls for Attorneys-General to stop jailing 10 year old children and raise the age of criminal responsibility to at least 14 years old, with no exceptions.

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Andrews government must end the mass-imprisonment of Aboriginal and Torres Strait Islander people: Victorian Attorney-General Symes to appear at Yoorrook 

The Victorian Attorney-General Jaclyn Symes will today give evidence to the Yoorrook Justice Commission, the first formal truth-telling process into injustices experienced by First Peoples in Victoria, where she is expected to be questioned about the over imprisonment of Aboriginal and Torres Strait Islander peoples.  

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Andrews Government must listen to expert evidence and raise the age to at least 14

60 Victorian organisations in the Aboriginal, legal, health, faith, youth and human rights sectors, including the Victorian Aboriginal Legal Service, VACCHO, Jesuit Social Services and Human Rights Law Centre, have in a joint letter called on Premier Daniel Andrews and Attorney-General Jacyln Symes to commit to raising the age of criminal responsibility to at least 14, no younger, and with no exceptions. 

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Andrews government can end the mass-imprisonment of Aboriginal and Torres Strait Islander people: Yoorrook hearings

The Human Rights Law Centre will today call on the Andrews government to fast track critical reforms that would immediately reduce the number of Aboriginal and Torres Strait Islander people experiencing injustice at the hands of the criminal legal system, in evidence to be heard by the Yoorrook Justice Commission.

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Australia set to be questioned by United Nations anti-torture watchdog this week

This week, the Australian Government is set to be questioned by the United Nations anti-torture watchdog on its compliance with the UN’s anti-torture treaty - the Convention Against Torture. Change the Record, the National Aboriginal and Torres Strait Islander Legal Services and the Human Rights Law Centre have briefed the Committee overseeing Australia’s compliance with the anti-torture treaty, and call on the Albanese Government to end human rights abuses behind bars ahead of the country’s report being considered this week.

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Joint statement of concern regarding suspension of UN Subcommittee on Torture visit to Australia following lack of co-operation in New South Wales and Queensland

We express profound concern that the United Nations Subcommittee on Prevention of Torture (SPT) has been forced to take the drastic measure of suspending its visit to Australia due to obstruction encountered while attempting to carrying out its mandate during its visit to Australia under the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

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Australia’s prisons under scrutiny by United Nations anti-torture watchdog

In a joint submission to the United Nations Committee Against Torture, Change the Record, the National Aboriginal and Torres Strait Islander Legal Services and the Human Rights Law Centre call on the Albanese government to end human rights abuses in prisons and police cells. Mistreatment that can amount to torture and cruel, inhuman or degrading treatment is too common in prisons and police cells across the country.

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Tasmanian Government’s decision to keep children out of prison welcomed, but government must go further

Australia’s only First Nations justice coalition Change the Record welcomes the Tasmanian Government’s commitment to enact laws ensuring children under the age of 14 years old will not be sent to youth prisons. However, the Coalition urges the Tasmanian Government to fully implement the advice of legal and medical experts and raise the age of criminal responsibility to at least 14 years old to protect very young children from any harmful engagement with the criminal justice system.

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Lack of oversight and transparency in prison disciplinary processes: Ombudsman finds

Aboriginal and Torres Strait Islander, legal, human rights and civil liberties organisations have called on the Andrews government to take urgent steps to increase transparency and prevent mistreatment behind bars after a new report has highlighted serious weaknesses in disciplinary processes in Victorian prisons.

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Major UN human rights review highlights need for Australia to raise the age of criminal responsibility

Australia’s human rights performance was in the spotlight tonight as the Australian Government appeared before the UN Human Rights Council in Geneva for its major human rights review that happens every four to five years.


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Australia’s human rights record under scrutiny at major UN human rights review

Australia’s human rights performance will be in the spotlight tonight as the Australian Government appears before the Human Rights Council in Geneva for its major human rights review that happens every four to five years.


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Tasmanian Government must ban routine strip searching of kids

Two of Australia’s leading human rights organisations - the Human Rights Law Centre and Amnesty International Australia - are calling on the Gutwein Government to prohibit the routine strip searching of children. The Tasmanian Government is currently considering laws that the two national organisations say miss the mark when it comes to the need to protect children from harm and prohibit routine strip searches.

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COVID-19 crisis in Brisbane’s youth prison highlights urgent need for government action

With reports today of nearly 130 young people - some as young as 13 - being locked in their cells indefinitely due to the threat of COVID-19, Aboriginal and Torres Strait Islander, legal and human rights organisations are calling on the Palaszczuk Government to reduce the number of children locked away in Queensland prisons rather than isolating and harming them.

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Increased police powers must not be free kick for discrimination

In response to Premier Andrew’s declaration of a state of disaster in Victoria, Aboriginal and Torres Strait Islander, legal and human rights organisations are calling for strong safeguards to ensure that police powers are exercised fairly and proportionately during the public health crisis.

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Australian Governments must commit to raise the age of criminal responsibility from 10 to at least 14

Next week Australian lawmakers will have a historic opportunity at the Council of Attorneys-General Meeting on Monday 27 July to change laws that currently allow children as young as 10 to be arrested by police, charged with an offence, hauled before a court and locked away in a prison.

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Human rights must be at the heart of Government’s response to COVID-19

The Human Rights Law Centre has told the Senate Committee tasked with investigating the Federal Government's response to COVID-19 that human rights must be at the centre of the Government’s actions, both now and into the future.

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Greater oversight needed in places of detention: Senate COVID-19 Committee told

An alliance of civil society and Aboriginal and Torres Strait Islander organisations and senior academics have told the Senate Committee tasked with investigating the Morrison Government's response to COVID-19 that there must be greater oversight of places of detention both during the pandemic and beyond.

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A ‘leading’ youth justice system is one where children under 14 are not imprisoned

While there are some promising developments in the Victorian Government's new Youth Justice Strategic Plan particularly the Strategy’s focus on early intervention, diversion, and restorative justice – the Strategy does not include a clear roadmap during the ten year period for keeping kids under 14 out of prison.

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Supreme Court challenge to argue that the Andrews Government must take action to protect people in prison and broader community from COVID-19 risk

The Fitzroy Legal Service and Human Rights Law Centre have filed a case in the Supreme Court of Victoria arguing that the Andrews Government must take steps to keep people in prison and the broader community safe from the risks posed by COVID-19.

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Family of Tanya Day call for police accountability

“We know that our mum died in custody because police targeted her for being drunk in public and then failed to properly care for her after they locked her up. We know that racism was a cause of our mum’s death. Both individual police officers and Victoria Police as a whole must be held to account. Without accountability, more Aboriginal people will die in custody.”

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UN calls for Australia to urgently decriminalise abortion and end offshore detention to improve women’s rights

The Australian Government has been urged to improve its track record on women’s rights overnight by an expert UN Committee on women’s rights.

The UN Committee on the Elimination of Discrimination against Women made its criticism after a robust review earlier this month to assess Australia’s progress on ending discrimination against women.

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Report confirms the Andrews Government is failing children in youth justice

A damning Victorian Parliamentary report into youth justice released yesterday shows the Andrews Government is harming children in its care by forcing them into solitary confinement.Ruth Barson, Director of Legal Advocacy at the Human Rights Law Centre, said that starving a child of human contact is one of the most damaging things we can do and the Government should prohibit it outright. 

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New ABS data confirms thousands of children under 14 years of age in the 'quicksand' of the criminal justice system

One day after the Northern Territory Government gave an in principle promise to raise the age of criminal responsibility, the Australian Bureau of Statistics has released data painting a diabolical picture of punitive and out-of-date youth justice systems across Australia.

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Prime Minister fails Aboriginal and Torres Strait Islander children

The Federal Government has completely failed to lead in its response to the Northern Territory Royal Commission’s report on how to fix failing youth justice and child protection systems.Shahleena Musk, a Senior Lawyer at the Human Rights Law Centre, said the Federal Government was trying to wash its hands of responsibility at the very time it needed to show leadership to fix broken youth justice systems across Australia.

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Australia ratifies torture prevention treaty, but must accept scrutiny of offshore facilities on Manus and Nauru

The Australian Government has ratified an important UN torture prevention treaty. The Optional Protocol to the Convention Against Torture (OPCAT) is a mechanism established to prevent cruel, inhuman and degrading treatment in places of detention.

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Governments should work with Aboriginal and Torres Strait Islander people to reverse growing imprisonment rates

Adrianne Walters, Director of Legal Advocacy at the Human Rights Law Centre, said that state and territory criminal justice systems are out of balance and that governments around Australia have a responsibility to work with Aboriginal and Torres Strait Islander people and communities to stem the number of people being sent to prison.

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Report addressing the skyrocketing Aboriginal and Torres Strait Islander women’s imprisonment rates

The over-imprisonment of Aboriginal and Torres Strait Islander women is a growing national crisis that is being overlooked by all levels of government in Australia, the Human Rights Law Centre and Change the Record said in a new report. HRLC's Adrianne Walters said, “The tragic and preventable death of Ms Dhu is a devastating example of what happens when the justice system fails Aboriginal and Torres Strait Islander women.

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Victorian Government plans to keep kids in Barwon adult prison months after repairs to Parkville centre completed

The Victorian Government told the Supreme Court last December that its sole justification for locking kids up in a maximum security adult prison was the lack of capacity due to the damage at Parkville. Yet now the Government has admitted that even when those 60 beds are fully repaired next month, it’s going to continue to keep kids at Barwon until August or September.

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Victoria’s Commission for Children and Young People reveals unacceptable use of isolation in youth justice centres

The Commission for Children and Young People released a scathing report, The Same Four Walls, detailing widespread isolation of children in Victoria’s youth justice centres. "You can’t respond to inadequate staffing levels by just leaving kids locked up in the cells for hours on end. It’s time for the Victorian Government to stop taking short cuts and to start properly resourcing the youth justice system," the HRLC's Alina Leikin.

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High Court finds the exercise of Northern Territory’s punitive police lock-up powers lawful

“All the data shows that these laws are being overwhelmingly used against Aboriginal people. Twenty-six years ago the Royal Commission into Aboriginal Deaths in Custody made clear that locking someone up should only ever be a last resort and that police should be required to consider safer options,” said HRLC's Adrianne Walters.

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Serious assault on 16 year old boy further evidence that no child belongs in an adult prison

Tonight’s ABC 7.30 episode detailing the serious assault on a 16-year old boy is further evidence that the Victorian Government must immediately act to remove children from Victoria’s most notorious adult jail. The boy suffered a fractured vertebrae and serious injuries to his face and head after being assaulted by fellow inmates on Monday.

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Government’s decision to regazette Barwon an extraordinary act of bad faith

The Government’s decision to regazette Barwon adult jail as a youth justice facility is an act of utter bad faith, say human rights lawyers.

Only yesterday the Victorian Court of Appeal upheld the Supreme Court’s decision that the Victorian Government acted unlawfully in gazetting Barwon adult prison as a youth justice facility.

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Media Release: Court of Appeal confirms transfer of children to Barwon adult jail was unlawful

The Victorian Court of Appeal today unanimously confirmed that the Victorian Government acted unlawfully in transferring children to the Barwon adult jail. The Court was hearing an appeal against last week's Supreme Court ruling.

Hugh de Kretser, Executive Director at the Human Rights Law Centre, said, “Jailing children in the state’s most notorious adult prison was a terrible mistake. The government needs to house these children in a safe, lawful and appropriate facility.”

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Court of Appeal to rule on legality of transfer of children to Barwon adult jail

The Victorian Court of Appeal will tomorrow hear the appeal against last week’s Supreme Court ruling that the Victorian Government acted unlawfully in transferring children to the Barwon adult jail. The Court of Appeal is expected to make its decision on the appeal at the end of tomorrow’s hearing.

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Supreme Court case to stop children being sent to Barwon adult jail commences

The Supreme Court will today commence hearing the case against the Victorian Government to ensure no child is sent to Barwon maximum security adult jail. The Human Rights Law Centre and Fitzroy Legal Service are bringing the case after the government two weeks ago agreed not to transfer any Aboriginal or Torres Strait Islander children to the prison.

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Further details of Victorian Government’s settlement with the Victorian Aboriginal Legal Service

FURTHER DETAILS: As part of the last minute back down, the Victorian Government has committed not to transfer any Aboriginal or Torres Strait Islander child to an adult jail. The only extremely limited possibility for transfers is in exceptional circumstances and, even then, only on the advice of the Aboriginal Children’s Commissioner that the transfer is in the best interests of that child.

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Time for the Western Australian Government to scrap its policy of locking people up for unpaid fines

Western Australia’s Independent Inspector of Custodial Services released a damning report on Friday showing that Western Australia’s policy of locking people up for unpaid fines disproportionately impacts vulnerable Aboriginal women.

The Human Rights Law Centre’s Senior Lawyer, Ruth Barson, said that the Inspector’s report is another reminder that Western Australia’s policy of locking people up for unpaid fines is unfair and out of date.

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WA urged to scrap practice of locking people up for unpaid fines as coronial inquest recommences into Ms Dhu’s death in police custody

With the coronial inquest into Ms Dhu’s tragic death in police custody recommencing on Monday, family members and human rights lawyers are urging the Western Australian Government to urgently scrap the practice of locking people up for unpaid fines.

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Stop locking up women who are in family violence situations, says Ms Dhu’s family on White Ribbon Day

The coronial inquest into Ms Dhu’s tragic death in police custody has heard that Ms Dhu was in a violent relationship with her partner, Dion Ruffin, at the time of her arrest. Mr Ruffin was taken into custody together with Ms Dhu and was known to police as someone with a violent criminal history.

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Urgent UN intervention sought on the mistreatment of young people in NT youth justice facility

The Human Rights Law Centre has sent an urgent request to the United Nations Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment to investigate the mistreatment of young people (under 18 years) in Don Dale Youth Detention Centre, the Northern Territory’s main youth justice facility.

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A new blueprint for reducing Aboriginal imprisonment rates and building stronger, safer communities

The rapidly increasing over-representation of Aboriginal and Torres Strait Islander peoples caught up in the criminal justice system is one of the most significant human rights issues in Australia. Today, the Human Rights Law Centre has joined with other leading Aboriginal and Torres Strait Islander, community and human rights organisations to launch a ground-breaking blueprint for reversing the tide by focusing on building communities instead of prisons, and developing smarter criminal justice solutions.

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UN Report a reminder that Australia’s youth justice practices are failing to meet international standards

At the most recent United Nations Human Rights Council in March, the UN’s Special Rapporteur on Torture tabled a report outlining the current international benchmarks expected of countries when it comes to detaining children in criminal and civil contexts. The HRLC’s Senior Lawyer, Ruth Barson, said the report is a reminder that Australia needs to change its youth justice policies in order to meet international standards.

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Australia’s counter-terrorism and migration laws unjustifiably interfere with our rights and freedoms

Australia’s counter-terrorism and migration laws unnecessarily and disproportionately interfere with fundamental rights and freedoms and ought to be repealed, the Human Rights Law Centre has said in a submission to the Australian Law Reform Commission’s (ALRC) inquiry into “Traditional Rights and Freedoms”.

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Torture and cruel treatment: 77 organisations slam Australia’s declining standards

Seventy seven organisations have united to warn that Australia’s standards are sliding when it comes to the prevention of torture and cruel treatment.

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News in brief - Human rights in the headlines

A new report highlights various ways in which Australia's co-operation with Sri Lanka’s military puts asylum seekers at risk. The report includes a DFAT cable obtained under Freedom of Information laws that reveals the Australia Federal Police declined to interview a man claiming to have been severely tortured after being sent back to Sri Lanka by Australia.

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UNHCR opposes mandatory detention of asylum seekers – new guidelines released

The United Nations High Commissioner for Refugees (UNHCR) has issued new guidelines relating to the detention of asylum seekers. An overarching theme of the ten guidelines is that the detention of asylum seekers is an exceptional measure of last resort which can only be applied where it pursues a legitimate purpose and has been determined to be both necessary and proportionate in each individual case.

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Victorian prisoner to argue duty to provide clean needles

A Victorian prisoner is preparing proceedings against the State Government alleging that it has failed to protect him from exposure to hepatitis C during his time in jail. Prisons have been described as a ''hot bed'' for blood-borne viruses such as hepatitis C, with more than 40 percent of Victorian prisoners carrying the virus. Coupled with the prevalence of intravenous drug use in Victorian prisons, a failure to provide clean needles and syringes may amount to a breach of the state's common law duty of care and obligations under the Victorian Charter of Human Rights and Responsibilities.

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Joint Parliamentary Committee urges Government to take urgent action to prevent ill-treatment in detention

A bipartisan parliamentary committee has unanimously recommended that the Federal Government take immediate action to improve monitoring and accountability, and prevent ill-treatment, in places of detention. The Joint Standing Committee on Treaties (JSCOT) has recommended that Australia ratify and implement the Optional Protocol to the Convention against Torture as a matter of priority.

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Australia should raise torture concerns with Sri Lanka: Cooperation on people-smuggling risks further abuses

Australia’s immigration minister should raise concerns with Sri Lankan officials about alleged arbitrary arrest and torture of people who were refused asylum and sent back to Sri Lanka when he visits this week, the Human Rights Law Centre and Human Rights Watch said today. Immigration Minister Chris Bowen is scheduled to visit Sri Lanka from 2 to 4 May 2012, to discuss migration issues, including preventing people smuggling from Sri Lanka to Australia.

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Death in prison van leads to transportation changes

The NSW Government has responded to the recommendations of Deputy State Coroner MacMahon in the inquest into the death of Mark Holcroft in 2009. Mr Holcroft died after he suffered a heart attack in a prison van travelling from Bathurst Correctional Centre to Mannus Correctional Centre. The Coroner made eight significant recommendations regarding humane treatment of prisoners when being transported in prison vans over long distances.

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Australia moves to strengthen oversight and accountability of places of detention

Australia has moved a step closer to ensuring independent monitoring, inspection and oversight of places of detention. The Commonwealth Attorney-General, Nicola Roxon, and the Acting Minister for Foreign Affairs, Craig Emerson, today tabled a National Interest Analysis on Australia's ratification of the Optional Protocol to the Convention against Torture.

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Right to Health: UN Special Rapporteur Releases Report on Australia - Focus on Indigenous Health and Detainee Health

On 3 June 2010, the UN Special Rapportuer on the Right to the Highest Attainable Standard of Health, Anand Grover, released his final report following a mission to Australia in November and December 2009. The report focuses on the standard of living and quality of health care and health services for Aboriginal and Torres Strait Islanders, people in prison and immigration detainees.

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CAT: UN Committee Against Torture's Concluding Observations on Australia

The UN Committee Against Torture has issued its Concluding Observations on Australia following a review of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment at its 40th Session in Geneva in May 2008. The Human Rights Law Resource Centre prepared a major Report on Australia's Compliance with the Convention against Torture (April 2008) [PDF] to assist the Committee to constructively review and make recommendations regarding Australia.

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Prisoners' Rights: Western Suburbs Legal Service v Dept of Justice - FoI Application regarding Prison Administration

On 6 February 2008, the Centre’s Director, Phil Lynch, gave evidence as an expert witness in support of a Freedom of Information application for access to a report prepared by the Corrections Inspectorate regarding separation orders and high security and management units in Victorian prisons. The matter is being heard in the Victorian Civil and Administrative Tribunal, with the applicant, Western Suburbs Legal Service, being represented by Corrs Chambers Westgarth on a pro bono basis.

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Counter-Terrorism: David Hicks - Relevance of Human Rights to Control Order Conditions

In conjunction with Brian Walters SC, Neil McAteer of Counsel and Allens Arthur Robinson, the Centre prepared a Note on the Relevance of International Human Rights to Control Order Conditions in the case of David Hicks. The Note was used by Counsel for Mr Hicks in submissions to the Federal Magistrates' Court on 18 February 2008, which resulted in an easing of the conditions and restrictions imposed on Mr Hicks.

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Relevance of Human Rights to Sentencing of Prisoner with Mental Illness: Michael David Jones v R

On 19 October 2006, in conjunction with Victoria Legal Aid and Chris Boyce of Counsel, the Centre made submissions to the Victorian Court of Appeal in an appeal against sentence.  The submissions pertained to the relevance of international human rights standards to the sentencing of a person with a mental illnedd. MDJ was diagnosed with chronic paranoid schizophrenia.  In 2005, he was convicted on four counts of armed robbery, assault and kidnapping.  In his decision, the sentencing judge, Chettle J, readily acknowledged the extent of the appellant's mental illness, finding a nexus between his mental condition and the commission of the offences.  Nevertheless, MDJ was sentenced to an extended prison term of 6 years and 9 months, with a non-parole period of 4 years.

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Counter-Terrorism: Request for Urgent Action from UN re Conditions of Unconvicted Remand Prisoners

On 3 August 2006, the Human Rights Law Resource Centre wrote to various UN Special Rapporteurs in relation to the situation of Mr Amer Haddara, Mr Shane Kent, Mr Izzydeen Attik, Mr Fadal Sayadi, Mr Abdullah Merhi, Mr Ahmed Raad, Mr Ezzit Raad, Mr Hany Taha, Mr Aimen Joud, Mr Shoue Hammoud, Mr Majed Raad, Mr Bassam Raad and Mr Abdul Nacer Benbrika (collectively, ‘the Detainees’). The Detainees have been held as unconvicted remand prisoners in the maximum security Acacia Unit of Barwon Prison in Victoria since November 2005 in the case of nine Detainees and since March 2006 in the case of the remaining three Detainees.

The HRLRC is gravely concerned that the type, length, conditions and effects of the Detainees’ detention amount to serious ongoing human rights violations

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