D & E and their two children v Australia (HRC, 2006)

Violations: ICCPR art 9(1)

Remedy's assessment: Unremedied

The UN says:

The State party is under an obligation to provide the authors with an effective remedy, including appropriate compensation. The State party is also under an obligation to take measures to prevent similar violations in the future.

HRC (2006)

A make-up artist known as D, having participated in the production of pornography in Iran, suffered a beating and short imprisonment. Her husband, E, was also ‘repeatedly arrested and questioned regarding his wife’. They fled Iran with their two children, arriving in Australia in 2000. While Australia accepted that D faced the death penalty in Iran because of her activities, it did not accept that her claim fell under the Refugee Convention. The family was held in immigration detention for over three years, during which time D and E had a third child. The HRC issued Interim Views requesting a halt to the family’s deportation; Australia complied.

The Committee found the family’s detention was arbitrary and that Australia should provide an effective remedy, including compensation. The family was eventually granted humanitarian visas to remain in Australia (rather than refugee visas), but has not been paid compensation.

For source details, see Remedy Australia's 2014 Follow-up Report (PDF 1.3Mb).

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