Afghans sent home to die

Mr Glendenning says he has documented the deaths of nine of the rejected Afghans at the hands of the Taliban, but he believes the figure is actually 20.

Allegations up to 20 Afghan asylum seekers rejected by Australia under the Howard government's so-called Pacific solution were killed after returning to Afghanistan, and others remain in hiding from the Taliban.

Phil Glendenning, the director of social justice agency the Edmund Rice Centre, has spent the past six years tracing many of these rejected asylum seekers.

About 400 Afghans detained on Nauru were returned to Afghanistan after having their asylum claims rejected. They were told by Immigration officials it was safe to go home, and that if they refused, they would remain in detention forever, according to accounts given to Mr Glendenning.

Another 400 who refused to go voluntarily were eventually found to be refugees and were resettled in Australia or other countries including New Zealand.

Mr Glendenning says he has documented the deaths of nine of the rejected Afghans at the hands of the Taliban, but he believes the figure is actually 20.

Of the other Afghans who returned home, many are hiding in Pakistan, or are forced to move between Pakistan and Afghanistan to evade the Taliban. They include a man whose two daughters were killed in a Taliban attack on his family's home near Kabul, after his asylum claim was rejected by Australia in 2002.

Much of the information Mr Glendenning used to locate the rejected asylum seekers was provided to him by sympathetic Immigration officials, concerned at what had occurred under the Howard government.

He believes the Afghans who left Nauru were "lied to" by Australian officials, and he wants the Government to reopen their cases.

Philip Ruddock was immigration minister until October 2003. Asked for his comment on the rejected Afghans, he said, "I would never say mistakes are impossible."

"It is the case that Afghanistan is a dangerous place but the [United Nations] Refugee Convention does not say you cannot be returned to a dangerous place," Mr Ruddock said. "The fact that somebody might tragically die [in Afghanistan] may well be as tragic as a road accident in Sydney."

Related:

Immigration officials should face action
A former human rights commissioner says Immigration Department officials who breached human rights under the Howard government need to face disciplinary action.

Australia pays family of Afghan governor
Australia has made an honour payment to the family of Afghan tribal district governor Rozi Khan who was shot dead in a confused firefight involving Australian special forces troops.

Australian boat arrivals from Middle East
The Immigration Minister Chris Evans has confirmed that a group of people caught illegally in Australian waters last week are from the Middle East.

Govt attacked on 'asylum' boat issue
Human rights groups have attacked the federal government over its treatment of a group of suspected asylum seekers intercepted en route to Australia.

AFGHANISTAN: End the slaughter
On 22 August, 95 civilians were killed by NATO forces, 60 among them were children. Yesterday 1 September another 70 civilians suffered the same fate.

Austraila detained Afghans in 'dog pens'
Australian special forces troops detained suspected Taliban militants [or indigenous Afganistanis] in "dog pens" in actions which have prompted a protest from the Afghan ambassador.

Govt attacked on 'asylum' boat issue

Amnesty International: deeply concerned with the government's policy of taking boat people to Christmas Island.

Human rights groups have attacked the federal government over its treatment of a group of suspected asylum seekers intercepted en route to Australia.

An Australian naval patrol boat intercepted a vessel carrying 14 people near the Ashmore Islands, 320 kilometres off Australia's north-west coast, on Monday.

The group, including one woman, was being transferred Tuesday to Christmas Island for processing. The boat is the first to be intercepted off the coast of Australia this year.

Immigration Minister Chris Evans said it appeared the boat had come from Indonesia but it was unlikely those on board were illegal fishers.

"We haven't identified their country of origin as yet. They'll be processed and interviewed on Christmas Island and it'll become clearer then," Senator Evans said.

Amnesty International said it was deeply concerned with the government's policy of taking boat people to Christmas Island.

"The detrimental impact of detaining individuals in isolated centres has been well documented and Amnesty International remains concerned for the physical and mental health of any asylum seeker taken to Christmas Island," refugee spokesman Graham Thom said.

"It is completely inappropriate to treat this group differently from other asylum seekers and it is certainly not in keeping with our international obligations to protect people who are fleeing persecution."

Senator Evans said people were continuing to seek refugee status due to ongoing unrest in the Middle East.

"There's pressure around the world with refugees seeking to find asylum, large numbers of people particularly out of Afghanistan and Iraq because of the troubled situations there."

Senator Evans said the federal government was working closely with the Indonesian government to strengthen border control and stamp out people smuggling.

Project SafeCom spokesman Jack Smit attacked Senator Evans for his "bullying" comments on border protection.

"It's time Minister Evans stops acting like (former prime minister) John Howard, and it's time he stops uttering the nonsense lines of the widely reviled former immigration minister Philip Ruddock."

Related:

Christmas Island like a prison: Amnesty
Our refugee coordinator Graham Thom, along with our national director Claire Mallinson and board vice president Jim Sharp, has just visited the new Christmas Island detention centre.

Detention centre staff 'cracked'
There were 62 cases of mental illness among former guards at the Woomera and Baxter detention centres in South Australia.

Christmas Island like a prison: Amnesty

Our refugee coordinator Graham Thom, along with our national director Claire Mallinson and board vice president Jim Sharp, has just visited the new Christmas Island detention centre. These are their observations.

There are a few things that strike you about Christmas Island and its new detention centre. Firstly, the island's remoteness from the Australian mainland, and the logistical difficulties in getting there, are brought home when you depart Perth's international airport, passport in hand.

You have to complete an immigration departure card, despite the fact you are flying to an Australian territory ('excised' of course), before embarking on a five hour flight to the island.

On 13 August, Amnesty International Australia joined a number of other NGOs, UNHCR, HREOC and the Ombudsman's office on a visit to the newly completed Christmas Island detention centre. The visit was organised by the Department of Immigration.

Harsh and soulless

Once on the island you are struck by not only the remoteness of the new centre to anything else on the island but also the high level of security surrounding the centre. (Where would anyone escape to?) Two high fences, the second one an electric fence, circle the perimeter. Despite landscaping in the "green heart" of the centre there is an all pervasive feeling of concrete and steel, particularly in the accommodation compounds.

Despite recent efforts to improve the feel of the centre you cannot escape the sense you are in a medium security prison. The level of fencing and surveillance make even the recreational areas, including sewing room and beauty saloon, feel like you are in an expensive cage. In the accommodation rooms the small windows are covered by steel mesh that obscure the view to the nearby fence and then the larger electric fence beyond that.

Most confronting of all is the arrivals area, the "at risk" area and the high security "red one" compound. It is difficult to imagine how traumatised asylum seekers would react when first brought into the centre. This arrivals area at best can be described as harsh and soulless, but at worst, for someone who has previously suffered torture or trauma in their homeland, it would be anywhere from intimidating to frightening. Even the light fittings are surrounded by cages.

The "at risk" rooms are part of the modern medical facility. These are rooms where people who it is believed could potentially self harm can be monitored. The rooms themselves again demonstrate the priority of security over individual well being. This is reinforced when you go out to the adjacent open small caged area, designed to let those in the at risk area go "outside". How it is envisaged that people suffering mental health concerns will improve in these conditions, rather than go into serious decline, is difficult to comprehend.

The "red compound" where those who pose a security concern, or behave violently, is also very confronting. Again, the thought of anyone's "behavior" improving in such a maximum security environment is difficult to imagine.

Long way from the vision

Amnesty International Australia has consistently raised concerns about detaining people in remote locations, particularly in dehumanising environments. The damage this has done to the detainee's mental and physical health has been documented time and time again. The high security nature of the new centre is clearly reflective of previous detention philosophies and we believe is a long way from the current vision of a more humane approach to detention outlined recently by the Minister.

While on Christmas Island we were also shown some of the other alternative detention arrangements available for use on the island, including duplexes situated in the community and the previous phosphate hill facility which has recently had a number of the fences removed. This would enable any future detainees to come and go from the facility during the day.

While the remaining fenced in areas still feel confronting the rest of the basic cabins in the centre makes it feel like an old school camp ground. It is envisaged that if people are brought to the island these facilities would be used in preference to the new $400 million centre, which would only be used as a last resort.

The clearly more humane approach that is being taken with other detention alternatives on the island again brings in to stark contrast the absurdity of building such a harsh, high tech, high security facility like the one that has just been completed. The resources within the new centre, computers, sports equipment, sewing machines and the cost of maintaining them while the centre remains empty is a situation that can best be described as extraordinary.

Flying back to the Australian mainland, passing the duty free before again clearing customs, it is difficult to image a more remote part of Australia to build a high security detention facility. Maybe that was the point seven years ago, it is now time for the current government to abandon that approach and treat all those who are fleeing to this country in search of safety with the same level of dignity and respect as everybody else.

Payouts to former detainee's likely

THE Department of Immigration has paid $620,000 to eight former detainees and has written to more than 130 others to say they may be next in line for compensation.

Department officials have told a Senate estimates committee the department sent 149 letters to notify individuals they "may have been unlawfully detained".

The development is a sequel to a series of inquiries triggered by the controversy over the department's mishandling of the cases of the Australian resident Cornelia Rau, who was unlawfully detained, and Vivian Alvarez Solon, an Australian citizen who was deported to the Philippines.

The Commonwealth Ombudsman's office identified 247 cases of suspected unlawful detention, which are now being processed by the department.

But a spokesman for the department last night challenged a claim by the Greens senator Kerry Nettle that the department could end up paying more than $10 million in unlawful detention claims.

Such a figure was not representative of the cases still to be settled and as the department had dealt with the most difficult cases first it was likely that payouts for remaining cases would be lower.

The Government estimates it may be liable to pay compensation in 135 cases. The spokesman said the department was still trying to find about 60 people among those identified by the Ombudsman, John McMillan.

The Immigration Department has sent letters to 54 former detainees advising them to get legal advice about compensation for their detention, the department said in response to questions from Senator Nettle.

Senator Nettle, who based her $10 million estimates on what the Government had paid so far, said the compensation "confirms that the cruel policy of mandatory detention is a huge waste of money".

She called on the Federal Government to scrap mandatory detention and deal with immigration matters while the individuals in question lived in the community.

The Immigration Department's chief lawyer, Robyn Bicket, confirmed that Ms Rau was paid $2.3 million in compensation last month after her damages case was finalised in March.

It was also revealed that the Federal Government, the Queensland Government and the detention centre operator GSL were still bickering about who was liable for legal costs associated with Ms Rau's case.

"We do have ongoing arguments between the parties as to who should pay what," the Immigration Minister, Chris Evans, told the hearing.

Visas offered to 31 in long detention

The federal government is offering visas to 31 people who have been in immigration detention for more than two years.

Immigration Minister Chris Evans said another 24 long-term detainees had been or would be deported after he decided they had no valid reason to stay.

The detainees are among 72 people held for more than two years whose cases Senator Evans has personally reviewed.

Senator Evans said his decision was underpinned by the view that indefinite detention is unacceptable.

"Long-term detention cannot be the default outcome for difficult immigration cases," Senator Evans said.

"The Howard government left these cases in the too-hard basket and, consequently, people languished in immigration detention with no end in sight."

He said the 31 people allowed to stay had been given visas or were being considered for visas pending health and security checks.

Five of the 24 refused permission to stay in Australia had already left, while steps were being taken to fast-track the deportation of the remaining 19.

The status of another 17 detainees could not be immediately resolved because they were subject to ongoing proceedings, Senator Evans said.

Among those cases, people deemed to be of high risk will remain in immigration detention.

The others will be moved to immigration residential housing facilities or into community detention until their cases are resolved.

Evans seeking to 'fast-track' detainee processing

Immigration Minister Chris Evans has accused the previous Government of allowing long-term detainees to languish in immigration detention centres.

Senator Evans has finished his review of the 72 people who have been in detention for longer than two years.

Thirty-one of them have been granted visas, 24 are in the process of being deported, and the cases of another 17 are still to be resolved.

The cases of another 17 will take longer to resolve.

The Minister says unlike the former Government, he has taken action.

"The previous government didn't seem to be very effective in actually getting people removed and tended to just leave them in detention," he said.

"I'm certainly keen to resolve their cases as well and so of the 24 due for removal, five have already gone and I'm seeking to fast-track the others."

Senator Evans says 33 of the detainees are from China.

"There's a range of claims - obviously some of them have claimed Falun Gong type connections, others have just had a range of other issues," he said.

"I don't want to go into each personal case but we've made an assessment that I ought to use my intervention powers to grant them a visa."

Related:

Evans unveils new border security measures
Immigration Minister Chris Evans says new border security measures at international airports and sea ports will strengthen Australia's security. The new system will allow immigration officials to assess passengers' data before their flight or ship arrives in Australia.

1000 refugees receive protection, not detention
MOHAMMAD DAWLAT HUSSAIN is among 1000 refugees who can apply for family members to join them in Australia after the Federal Government scrapped temporary protection visas in Tuesday night's budget.

Georgiou repeats call to scrap citizenship test
Liberal backbencher Petro Georgiou says Australia's controversial new citizenship test should not just be reviewed - it should be scrapped altogether. Immigration Minister Chris Evans says he has no plans to abolish the Howard Government-era test, but he is open to making improvements.

UN Torture Committee Blasts Australia

HRMU at Goulburn, inmates can be kept in inhumane conditions for an indefinite period. Last year, the NSW Coroner was also highly critical that mentally-ill people are placed in isolation in the supermax prison,” Mr Murphy said. (Get Image)

Last night in Geneva, the United Nations Committee against Torture called for a review of Australia's supermax prisons, the abolition of mandatory immigration detention and for a referendum on a federal Bill of Rights. The NSW Council for Civil Liberties (CCL) endorses all of these calls.

In its report on Australia, the Torture Committee was critical of Australia's prisons, counter-terrorism laws, mandatory immigration detention and of the way Australian officials have ignored torture and mistreatment overseas in places like Abu Ghraib.

The Torture Committee expressed concern about conditions in Australian prisons, especially the so-called supermaximum prisons like the notorious HRMU 'Supermax' at Goulburn gaol.

“The UN is right to be concerned about the state of Australia's prisons. You are 11-times more likely to be in prison if you are indigenous. The incarceration of the mentally-ill continues to increase. Juveniles and adults are not necessarily being kept apart in NSW prisons. Our remand facilities are overcrowded,” Mr Murphy said.

“CCL joins the Torture Committee in calling for a complete review of the regime imposed on detainees in supermax prisons. In the HRMU at Goulburn, inmates can be kept in inhumane conditions for an indefinite period. Last year, the NSW Coroner was also highly critical that mentally-ill people are placed in isolation in the supermax prison,” Mr Murphy said.

"The Torture Committee wants an update in 12 months on the conclusions of the review into the supermax prisons. CCL calls on the NSW and Victorian governments to cooperate with the federal government when it conducts an open and independent inquiry into conditions in Australia's Supermax prisons at Goulburn and Barwon," Mr Murphy said.

"If there's nothing wrong with these prisons, then the States have nothing to fear from any federal inquiry," Mr Murphy said.

The Torture Committee also called for the abolition of mandatory immigration detention.

"CCL supports the call for the abolition of mandatory immigration detention. It is okay to hold people for a short time to determine their identity and health status, however it is completely unacceptable to lock people up for extended periods of time when they have committed no crime", Mr Murphy said.

"Australia should implement the recommendations of the Torture Committee and end the inhumane policy of mandatory immigration detention," Mr Murphy said.

The Committee against Torture expressed concern about Australia's counter-terrorism laws. The Committee was also concerned that Australians knew about what was happening in Abu Ghraib, but did not act to stop the mistreatment. In a thinly disguised reference to the cases of Mamdouh Habib and David Hicks, the Committee expressed concern that Australia has failed to investigate claims of torture.

"Australia needs to overhaul all the draconian terrorism legislation introduced since September 2001," Mr Murphy said.

"Australia also needs to investigate the very serious claims of torture made by Mamdouh Habib and David Hicks," Mr Murphy said.

"It is unacceptable that Australia keeps asking the torturers to investigate complaints of torture. That's like asking the wolves to investigate why the sheep went missing," Mr Murphy said.

"Australia should not have asked the US or Egypt to investigate whether they had tortured Mr Habib. Only a full Royal Commission can get to the bottom of all this," Mr Murphy said.

"The Australian government should be compensating victims of torture. Not fighting them every step in the courts. The Australian government should read the UN Torture Committee's report very carefully," Mr Murphy said.

The Torture Committee also called on the federal government to adopt a constitutional Bill of Rights protecting human rights in Australia.

"CCL has long advocated for a constitutional Bill of Rights to protect the most vulnerable in our society. This is the upteenth time the UN has called for Australia to enshrine a Bill of Rights", Mr Murphy said.

"We welcome federal Attorney-General Robert McClelland's announcement that he will consult on how best to protect rights in Australia. We hope that the Rudd government will be true to its promise to listen to the UN and will hold a referendum to enshrine a Bill of Rights in Australia. Australians deserve that opportunity to vote for a Bill of Rights to protect us all," Mr Murphy said.

The Torture Committee welcomed Australia's announcement that it will ratify the Optional Protocol to the Torture Convention. The Optional Protocol will allow the UN and independent Australian bodies to do spot checks of places of detention like prisons and immigration detention centres.

“CCL welcomes the Rudd government's announcement that it will ratify the Optional Protocol to the Torture Convention. Federal parliament needs to move quickly to adopt the Optional Protocol into Australian law and implement the Torture Committee's recommendations”, Mr Murphy said.

For more information contact: Cameron Murphy, NSWCCL President, 0411-769-769

Related:

LINE IN SAND ON MENTAL HEALTH
“Patients under state control have had their social interaction reduced, and right to smoke removed. These vulnerable and isolated citizens, to whom the state owes a special obligation, are extremely distressed and have asked for community assistance,” said JA spokesperson Michael Poynder.

International Conference on Penal Abolition
The full agenda for ICOPA is now online, and pending any further changes, the line-up is looking like we're going to have a fascinating conference. With speakers coming to present papers from Brazil, Trinidad, Canada, Australia, USA, Belgium, Argentina, South Africa plus many more including the UK, we are really looking at a truly international conference.

We owe prisoners more than jail
Prisons are too important to be left to jailers, for the simple reason that the standard prison magnifies social problems. It is a congregation of people with an accumu–lation of risk factors for crime.

Haneef inquiry could be waste of time and money: lawyer
The lawyer for former Gold Coast [scapegoat] terrorism suspect Dr Mohamed Haneef says he is worried a Government-ordered inquiry into the case will be a waste of time and money.

Push for overhaul of laws on terrorism
Anti-terrorism laws are just 'state sanctioned terrorism' aimed at 'innocent people' and using them as 'scapegoats' for Australia's 'alleged war on terror'. These laws were meant to project 'fear' in the community that we somehow need to be protected so that the government can wage war on innocent people for resources around the world unchallenged.

Hicks media gag order ends
As part of the deal, he was also banned from speaking to the media after his release in December 2007.

Habib mistreated but not in Aussie embassy
There was little doubt that Mamdouh Habib was badly mistreated after he was detained by Pakistani and US authorities in the wake of the September 11 attacks and no doubt whatsoever that he was taken to Egypt against his will, a Federal Court judge has found.

Solitary Confinement: Mental illness in prisons
It is well established that sensory deprivation can produce major psychological effects on humans including perceptual distortions, visual, auditory, and olfactory illusions, vivid fantasies often accompanied by striking hallucinations, derealization experiences, and hyper- responsivity to external stimuli.

Securing care for patients in prison

The Royal Australian College of General Practitioners (RACGP) recently brought together doctors, prisoner advocates, members of Health and Justice Departments from across Australia, and others working in correctional health services for a meeting in Melbourne to begin work on developing Prisoner Health Care Standards In The Australian Correctional System.

“This important project follows our work on developing health care standards for residents of immigration detention centres. The RACGP has a strong advocacy agenda and we aim to be the voice for the voiceless in the healthcare debate,” said Dr Vasanatha Preetham, Perth-based general practitioner and RACGP President.

“Many doctors across Australia are committed to working with disenfranchised patient groups. In moving to develop these standards, we are supporting our patients and those doctors who provide their care. A key priority in developing these standards is to work together with groups including The National Aboriginal Community Controlled Health Organisation and the Australian Indigenous Doctors’ Association to ensure the provision of culturally appropriate health services for Aboriginal and Torres Strait Islander people.

“At our recent meeting, doctors and other stakeholders from across Australia, many of whom work in the correctional system, came together to advance the development of standards to ensure that people in prison have access to quality health care.

“The sort of people who become prisoners often come from a background of social disadvantage. Priority areas for their health care are the detection of mental health concerns and the level of ongoing support these people receive in the prison system. Many of these patients move about the prison and health systems; we need to ensure they receive a consistent level of care.

“A key element of our correctional system is to ensure the prison system and the health care system can support the reintroduction of prisoners into society on the completion of their prison term. Within the prison system, people are exposed to many potential health hazards. While they have committed a crime, this does not disqualify them from the right to access high quality health care to ensure that they are well when they return to society.

“By hosting this meeting, we aimed to get a better understanding of what works in prison health. We are also keen to develop a network of general practitioners to give a nationally consistent focus to the development of these standards. Given that corrections is a matter of state government responsibility, we appreciate the challenge involved, but are committed to one set of standards for all prisons in Australia.”
racgp, royal, australian, college, general, practitioners, media, release, press, 2008, care, prison

Publication Date: 9 April 2008
Authorised By: Media
For further media enquiries contact Jason Berek-Lewis, National Manager - Media and Communications tel: 0404 055 265.

This website is accredited by Health On the Net Foundation. Click to verify The Royal Australian College of General Practitioners (RACGP) ABN 34 000 223 807, 1 Palmerston Cr, South Melbourne VIC 3205. Ph : +61 (3) 8699 0414 Fax : +61 (3) 8699 0400

The Royal Australian College of General Practitioners is responsible for maintaining standards for quality clinical practice, education and training, and research in Australian general practice. The RACGP has the largest general practitioner membership of any medical organisation in Australia, with the majority of Australia's general practitioners belonging to their professional college. Over 23 000 general practitioners participate in the RACGP Continuing Professional Development Program. The RACGP National Rural Faculty, representing more than 5000 members, has the largest rural general practitioner membership of any medical organisation in Australia. Read more about the College.