Torture

Briefing Paper for Attorney-General on Human Rights Initiatives (13 Jan 2011)

Respect for human rights is the foundation of a community that is fair, just and inclusive. In our view, the promotion and protection of human rights should be a priority for the Australian Government and the office of the Attorney-General. Following Nicola Roxon’s appointment as Attorney-General on 15 December 2011, the Human Rights Law Centre prepared a Briefing Paper [...]

Torture and Ill-Treatment: UN Committee against Torture review of Australia (12 Nov 2011)

Australia is scheduled to be reviewed by the UN Committee against Torture for its compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment in 2012-13. This page contains a summary of the HRLC’s key activities and developments in relation to this review.   HRLC outlines further issues for Australia [...]

Australian law must strengthen safeguards against official complicity in torture and the death penalty (16 Aug 2011)

Australian law must be strengthened to prevent Australian officials from directly or indirectly exposing people to serious human rights violations, including torture and the death penalty. The Federal Parliament’s Standing Committee on Social Policy and Legal Affairs is currently examining a Bill to amend the Extradition Act and the Mutual Assistance in Criminal Matters Act. [...]

Police-related deaths: Report on need for independent body to investigate police-related deaths (June 2011)

In June 2011, the Human Rights Law Centre collaborated with the Federation of Community Legal Centres, Darebin Community Legal Centre and Flemington & Kensington Community Legal Centre to publish a report entitled Effective, Transparent, Accountable: An Independent System to Investigate Police-Related Deaths in Victoria. Police-related deaths can occur in a range of ways including police [...]

Australia’s extradition legislation needs to guarantee protection from torture and the death penalty (15 March 2011)

Loopholes in Australia’s extradition procedures need to be closed to prevent exposing people to human rights violations, the Human Rights Law Resource Centre has recommended to the Commonwealth Attorney-General’s Department.

Complementary Protection Bill Strengthens Protection from Torture and Other Serious Human Rights Violations (25 Feb 2011)

The HRLRC congratulates the Federal Government on the introduction of the Migration Act Amendment (Complementary Protection) Bill 2011 on 24 February 2011.  Complementary protection is the duty owed by a State to not return people to face torture or other serious human rights violations in their country of origin, even if their cases do not [...]

Torture and Ill-Treatment: UN Committee Presents “Please Explain” List to Australia (21 Dec 2010)

In December 2010, the UN Committee against Torture issued a ‘List of Issues Prior to Reporting’ for Australia.  The purpose of this List is to outline those issues which the Committee would like Australia to address and respond to in its next periodic report to the Committee, due in 2012.  The issues on which the [...]

Asylum Seekers: Right to Protection and Non-Refoulement (19 Oct and 10 Nov 2010)

On 29 September 2010, the Human Rights Law Resource Centre sent a letter to to the Australian Government calling for the urgent enactment of legislation to provide complementary protection to asylum seekers at risk of persecution, torture or death if deported. Further, on 5 November 2010, the HRLRC, together with a coalition of leading refugee law academics [...]

Torture and Ill-Treatment: Submission to UN Committee against Torture on Australia (24 August 2010)

On 24 August 2010, the Centre provided a Submission to the UN Committee against Torture setting out a number of issues which we consider the Committee should include in its List of Issues for Australia Prior to Reporting in respect of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or [...]

Human Rights and Aid Effectiveness in Papua New Guinea (28 May 2010)

On 27 May 2010, the Centre sent a letter to the Foreign Minister, Stephen Smith, in relation to the current review of the PNG-Australia Development Cooperation Treaty.  In its letter, the Centre recalled the recent recommendation of the Joint Standing Committee on Foreign Affairs, Defence and Trade that AusAID ‘adopt a human rights-based approach to the [...]

Police and Human Rights: Submission on Victoria’s Integrity and Anti-Corruption System (March 2010)

The excessive use of force by police or inhumane treatment of persons in police custody undermines the integrity of a State’s operations.  It also breaches the right to life and the right to freedom from torture and cruel, inhuman and degrading treatment (ill-treatment) which are protected by ss 9 and 10 of the Victorian Charter. [...]

Right to Protection and Obligation of Non-Refoulement: Submission on Complementary Protection Bill (Sept 2009)

The Senate Legal and Constitutional Affairs Committee is conducting an inquiry into the Migration Amendment (Complementary Protection) Bill 2009. Complementary protection is the protection owed by a State that falls outside the scope of the Refugee Convention.  Complementary protection obligations are found in the non-refoulement provisions of various human rights treaties, including the International Covenant [...]

Submission regarding Proposed Extradition and Mutual Assistance Reforms (Aug 2009)

In July 2009, the Australian Government released exposure draft legislation on proposed reforms to Australia’s extradition and mutual assistance in criminal matters laws.   In August 2009, the Centre made a Submission to the Attorney-General’s Department regarding the proposed reforms.  The submission considers the compatibility of proposed amendments to the Extradition Act 1988 (Cth) and the Mutual [...]

CAT: Implementation of Recommendations of UN Committee against Torture on Australia (Sept 2008)

On 16 May 2008, the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued its Concluding Observations on Australia.  The Concluding Observations included 27 recommendations concerning Australia’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. The Australian Government has called for [...]

Torture: Submission to National Interest Analysis on Ratification OP-CAT (July 2008)

The Human Rights Law Resource Centre strongly supports Australia’s proposed accession to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol). The Optional Protocol establishes a system of regular visits to places of detention by both international and domestic independent expert bodies in order to [...]

CAT: UN Committee Against Torture’s Concluding Observations on Australia (May 2008)

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 [...]

CAT: Submission to UN Committee Against Torture in response to Draft General Comment No 2 (Aug 2007)

On 24 August 2007, the Centre made a Submission to the UN Committee against Torture in response to Draft General Comment No 2. The Draft General Comment is of significant importance to the normative development of international human rights law. Although the prohibition against torture is a non-derogable human right and a peremptory norm of [...]

Counter-Terrorism: UN Special Rapporteur report on Australia (March 2007)

The Australian Government should urgently reconsider key aspects of its counter-terrorism laws to bring them into conformity with international human rights standards, a UN report on human rights and counter-terrorism in Australia which was tabled before the UN Human Rights Council in Geneva on 26 March 2007 has found. The Centre has prepared a Summary [...]

Counter-Terrorism: David Hicks – Opinion on Legality of Trial before Guantanamo Military Commission (Nov 2006)

Urging or Supporting Unfair Trial of David Hicks may Constitute a War Crime In November 2006, a group of eminent Australian lawyers prepared an Opinion about the continued detention of David Hicks in Guantanamo Bay and his proposed trial by a Military Commission.  The Opinion has potentially alarming implications for the Federal Government and its Ministers. [...]

Torture: Review of Australia’s Mutual Assistance and Extradition Law and Practice (March and Oct 2006)

On 3 October 2006, the Centre made a submission regarding the relevance of international human rights to the Commonwealth Attorney-General’s review of Australia’s mutual assistance policy and practice.  ‘Mutual assistance’ is the formal process that countries use to request or render assistance in the investigation and prosecution of criminal offences. On 30 March 2006, the [...]

Legal Memorandum: Right to Freedom from Arbitrary Detention (July 2006)

This memorandum examines: the nature of the right to be free from arbitrary detention under article 9(1) of the ICCPR; and the extent to which freedom from arbitrary detention is a right protected by customary international law.

Counter-Terrorism: Joseph Thomas v The Queen – Amicus Application (July 2006)

On 3 July 2006, the HRLRC filed an affidavit and submissions in support of an application for leave to appear as amicus curiae in the Victorian Court of Appeal in case of Joseph Thomas v The Queen. Attached are the following documents: Affidavit of Philip Lynch; Summary Outline of Proposed Substantive Submissions; Outline of Proposed Submissions [...]