On August 22, the UN Human Rights Committee in Geneva found that Australia had committed 143 serious violations of International Law.
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This was the worst complaint ever made against Australia to the UN Human Rights Committee, and indicated exceptionally grave violations of International Law.
Obviously, Australian asylum seeker/refugee policy is a serious national issue.
The cases examined by the UN were lodged in August 2011 and February 2012 by 46 detained refugees who had received adverse security assessments from ASIO.
The refugees were represented pro bono by Professor Ben Saul, barrister and professor of International Law at the University of Sydney.
Specifically, the UN found 46 cases of illegal detention. It also found that these 46 refugees had no effective judicial remedies for illegal detention, and had experienced inhumane or degrading treatment while in detention.
The UN found that by indefinitely detaining these 46 refugees for four years on the basis of their adverse security assessments issued by ASIO, Australia breached its obligations under a binding treaty accepted by Australia, the International Covenant on Civil and Political Rights (ICCPR).
The UN has directed Australia to release these refugees from detention and to provide rehabilitation and compensation. The UN also directed Australia to prevent future violations and review its migration laws.
The UN also asked Australia to report to it within 180 days on the steps it had taken to remedy these violations of international treaty law.
Australia is required by International Law to implement its ICCPR obligations. This finding by the UN Human Rights Committee in Geneva gives voice to the serious and legitimate concerns of refugee groups throughout Australia.