Cases about habeas corpus (1)

FJ et al v Australia (HRC, 2016)

Remedy's assessment: Unremedied

Five authors, refugees from Iran, Sri Lanka and Afghanistan, were detained on arrival by boat in Australian territorial waters. They were assessed by Australian authorities as refugees, but also deemed a security threat. The basis of their security assessment was kept secret, meaning the authors were unable to challenge the merits of the assessment nor the justification of their detention.

The Committee accepted that their detention was arbitrary (art 9(1)), lacking periodic re-evaluation and judicial review (art 9(4)) and that the arbitrary and indefinite nature of their detention, as well as the conditions of their detention, inflicted “serious, irreversible psychological harm” (art 7). It recommended rehabilitation and compensation for the authors and non-repetition measures.

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