Ensure the right to an effective remedy for police misconduct

It's bigger than me now. It's not about me. It's about everyone who ends up in my position. - Corinna Horvath

In 1996, 21-year-old Corinna Horvath and others were assaulted by police during an unlawful raid on her home. Despite a 2001 County Court finding that she should be compensated, she did not receive adequate compensation until 2014, when her human rights complaint to the UN was upheld.

In 2016, criminal charged were finally laid against one of the police officers involved.

However, Australia has failed to demonstrate to the UN that Victoria Police's internal disciplinary proceedings "met the requirements of an effective remedy".

The UN Human Rights Committee says Australia is obliged to:

"investigate allegations of violations promptly, thoroughly and effectively through independent and impartial bodies"; and
"make such changes to domestic laws and practices as are necessary" to protect the right to remedy in all instances of police misconduct.

This is about more than just Corinna. It's about the rights of all Victorians. The UN has found existing arrangements in Victoria fall short of our international legal obligations. Victoria must establish a truly independent body to investigate complaints against police.

Write to the Attorney-General and the Victorian Premier:

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Message*

Senator the Hon Michaelia Cash Attorney-General
Hon Daniel Andrews, Premier of Victoria

Dear Ms Cash and Premier Andrews,

I applaud the former Victorian Police Commissioner’s response to the UN Human Rights Committee’s decision in Hovath v Australia.  Issuing Ms Horvath a written apology and ex gratia payment acknowledging the human rights violations she suffered during a violent police assault on her in 1996, and referral of the matter to IBAC for investigation – resulting in criminal charges – has partly realised her right to an effective remedy, and set a laudable new standard for timely and good-faith dealings with the UN treaty bodies.

However an effective remedy also requires action to prevent similar violations recurring, as the UN made clear in its findings.

It should not be incumbent on victims of police misconduct to pursue officers who perpetrate violence against them.  As the UN found, “the burden to enforce judgements of domestic courts [and] provide effective remedies to victims” lies with State authorities.  The UN found that the Victorian Government is obliged to amend the law to guarantee that all victims of police abuses are adequately compensated and, further, to ensure that police perpetrators are “promptly, thoroughly and effectively” disciplined through an “independent and impartial” body.

I urge the Commonwealth to ensure that each State is liable to pay damages awarded against police, as is the case in Queensland, NSW and in the Australian Federal Police Act.  In light of the Committee’s Views, I urge you to ensure that Victoria’s Police Act 2013 is amended so that the State is liable for all wrongdoing of on-duty police officers, including serious and wilful misconduct.

Further, I urge you to ensure that allegations of human rights abuses by police are properly investigated, in line with the Committee’s Views, and that disciplinary hearings against police officers meet the minimum standards set by the UN Committee so that police who engage in human rights abuses are disciplined effectively, including the police who violated Ms Horvath’s human rights.

Finally, I ask the Commonwealth to fulfil its obligation to publicise and disseminate the Committee’s Views widely.

Yours sincerely,

[your name and details will appear here]

CC:
Hon. Mark Dreyfus QC MP, Shadow Attorney-General
Hon. Matthew Guy MP, Leader of the Opposition
Hon. Martin Pakula MP, Attorney-General of Victoria
Hon. Lisa Neville MP, Minister for Police

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