Everyone has a right to liberty, humane treatment & a fair go

The Federal Court of Australia says:

[T]here can be no question that the right to personal liberty is among the most fundamental of all common law rights. It is also among the most fundamental of the universally recognised human rights.

Minister for Immigration & Multicultural & Indigenous Affairs v Al Masri [2003] FCAFC 70 at 87

Fifty-one refugees -- including 4 children -- petitioned the UN in 2011, 2012 and 2016 to protest their being detained indefinitely for undisclosed reasons. These are people who cannot return home due to the dangers they face there. But despite accepting their refugee claims, Australia continued to detain them due to secret claims made against them by Australia's spy agency ASIO. They were not told the grounds for their detention and so could not challenge the accusations against them. After years in detention, these people have suffered "serious, irreversible psychological harm" -- according to the UN.

Remedy Australia supporters joined in protest at this injustice and suffering and 49 of the detainees are reported to have been released. Thank you to everyone who supported these men, women and children.

But 2 of the men remain: Mr K.S. and Mr K.T., subjected to arbitrary, indefinite detention since 2009 in conditions that breach ICCPR article 7, the prohibition on cruel, inhuman or degrading treatment. Both men have attempted suicide.

This cannot be allowed to continue. The UN Human Rights Committee says Mr K.S. and Mr K.T. must be released, rehabilitated and compensated for gross breaches of their human rights. Please send this letter below.

Read more about the FKAG et al, MMM et al and FJ et al cases.

Write to the Immigration Minister, Alex Hawke, the Attorney-General, Michaelia Cash, and the Foreign Minister, Marise Payne:

Subject*

Message*

Dear Minister,

I write to you with grave concern for two people at the heart of the United Nations human rights decision known as FKAG et al v Australia, concluded in August 2013 and reinforced by the Committee Against Torture in November 2014.

Australia continues to hold two of the authors of this communication -- known as Mr K.S. and Mr K.T.-- in indefinite detention since 2009 or 2010 due to assessments by ASIO. But they have not been told the grounds for their continued detention and therefore cannot challenge the facts or evidence contributing to ASIO's assessments, nor identify any errors of law. I object to this grave injustice in the strongest terms.

These men cannot return home, as they are recognised refugees who face persecution in their country of origin. After 8 or more years in detention, they have suffered serious, irreversible psychological harm. Both men have attempted suicide. This cannot be allowed to continue.

The identities of these people may remain secret, but the violations committed against them have been examined and condemned by the highest possible international authority. In 2011, Mr K.S. and Mr K.T. complained to the UN Human Rights Committee in a joint submission known as FKAG et al v Australia. Others in their position have been released, which is a credit to your government, but these two remain.

The UN has found Australia is continuing to violate a number of their human rights, including:

* the prohibition on inhuman and degrading treatment
 * the prohibition on arbitrary detention and
 * the right to challenge their detention.

Australia's rejection of the UN's findings is very disappointing, given the injustice and suffering at stake. I welcome the UN's contribution to the protection of human rights in Australia and I want Australia to act on the UN's concerns. I call on your government to:

* release Mr K.S. and Mr K.T.
 * offer all 51 complainants in the FKAG et al, MMM et al and FJ et al cases rehabilitation
 * pay them all appropriate compensation.

Crucially, Australia is also obliged to "review its Migration legislation to ensure its conformity" with the International Covenant on Civil and Political Rights, a legally binding treaty.

As current and gross violations of human rights causing immense human suffering, Mr K.S. and Mr K.T. warrant your most urgent and concerted attention. I urge you to act immediately to end these abuses and ensure they are not repeated.

Yours faithfully,

[your name and details will appear here]

CC:
Hon. Shayne Neumann MP, Shadow Minister for Immigration and Border Protection
Hon. Mark Dreyfus QC MP, Shadow Attorney-General
Hon. Penny Wong MP, Shadow Minister for Foreign Affairs

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