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SIEVX-NEWS: Senate Renews Call For SIEVX Judicial Inquiry

owner-sievx-news
Fri, 17 Oct 2003 20:19:31 -0700

Senate Renews Its Call For A Judicial Inquiry Into SIEVX 
by Marg Hutton
18 October 2003

[ online at: http://sievx.com/archives/2003_09-10/20031018.shtml ]

Democrats Leader Senator Andrew Bartlett and Leader of the Greens, 
Senator Bob Brown turned up the heat on the Howard Government with 
the passage through the Senate of two new motions related to SIEVX on 
the eve of the second anniversary of the SIEVX tragedy. This makes a 
total of four Senate motions concerning SIEVX that have now been 
passed during the last twelve months.

The significance of these resolutions is clear when they are viewed 
in the light of their history.

It is now almost a year since the Report of the Select Committee on A 
Certain Maritime Incident (CMI) was tabled in Parliament on 23 
October 2002. The first recommendation of that report called for 'a 
full independent inquiry' into the People Smuggling 'disruption 
activity' of refugee vessels prior to their departure from Indonesia -
 by implication this included SIEVX under its umbrella.[1]

In early December 2002, two months after the publication of this 
Report, the first SIEVX related motion calling for a judicial inquiry 
was passed by the Senate. This resolution expressed 'serious concern 
at the apparent inconsistencies in evidence provided to the [CMI] 
committee and estimates committees by Commonwealth agencies in 
relation to the People Smuggling Disruption Program and in relation 
to Suspected Illegal Entry Vessels (SIEVs), including the boat known 
as SIEV X' and called on the government to 'immediately establish a 
comprehensive, independent judicial inquiry into all aspects of the 
People Smuggling Disruption Program operated by the Commonwealth 
Government and agencies from 2000 to date, including... the 
circumstances and outcomes of all departures from Indonesia of all 
boats carrying asylum-seekers, including the circumstances of the 
sinking of SIEV X.'[2]

The following day, a second SIEVX related motion was passed 
addressing the issue of the impending release from prison of people 
smuggler and alleged organiser of the SIEVX voyage Abu Quassey. 
Quassey had been serving a brief term in Jakarta's Cipinang prison 
for passport related offences and was due to be released on New 
Year's Day. This second Senate motion called on the governments of 
Australia and Indonesia 'to undertake all actions necessary prior to 
1 January 2003 to ensure that Abu Quessai [was] immediately brought 
to justice.'[3]

Two months after the passage of these motions, the Government had 
made no response. SIEVX was once again in the news when the infamous 
DFAT cable was finally released to the Senate nearly seven months 
after the CMI Committee had asked Jane Halton, the former head of the 
Prime Minister's People Smuggling Taskforce, to provide it on notice.

The appearance of this cable so long after the Committee had finished 
its work, coupled with the new information it contained, caused the 
Chair of the CMI Committee Senator Cook to boldly speak out in 
Parliament in February regarding perceived contradictions in the 
evidence provided to the Committee.[4] During this speech Cook 
referred to a letter that had been received by the Deputy President 
of the Senate, John Hogg from Peter Slipper, Acting Parliamentary 
Secretary to the PM, responding to the first Senate motion in 
December calling for a judicial inquiry. In this letter Slipper 
stated:

'The Prime Minister has asked the Department of the Prime Minister 
and Cabinet to examine the recommendations made by the Senate 
Committee and to coordinate for the government's consideration a 
whole of government response in consultation with all relevant 
departments and agencies.'[5]

Fast forward to October this year and we find that the Senate is 
still waiting on the Government to formally respond to the 
Recommendations made in the CMI Report and the two Senate motions 
concerning SIEVX. And Abu Quassey has been extradited to Egypt from 
Indonesia and appears to be out of reach of Australian authorities.

The Senate's displeasure at the government's lack of response to 
these matters is apparent in the wording of the two new motions 
passed this week.

The Greens' motion, which was passed on Wednesday, refers to the 
'Government's failure to respond to the two Senate orders of 10 
December and 11 December 2002 concerning the People Smuggling 
Disruption Program and the ineffectual pursuit by Australian justice 
authorities of the alleged people smuggler Abu Quassey' and goes on 
to demand that the list of the names of the dead who drowned on SIEVX 
- which the AFP have admitted to having in their possession but which 
they have repeatedly refused to make public - be released 
immediately, along with the identity of the source who provided it. 
This motion also corrected a major inaccuracy in the CMI Report 
concerning the sinking position of SIEVX. Where the CMI Report was 
equivocal in regard to where the vessel sank, this new motion - 
passed by Labor, Democrats, Greens and Independent Senators - makes 
it clear that the Senate is now firmly of the view that SIEVX sank 
'in international waters that were being closely monitored by 
Australian air and naval forces'.[6]

The Democrats' motion which was passed by the Senate on Thursday 
criticised the government for not 'responding to the report of the 
Select Committee on a Certain Maritime Incident, which included an 
examination of the SIEV X sinking' and renewed the call for a 
'comprehensive, independent judicial inquiry into all aspects of the 
People Smuggling Disruption Program operated by the Commonwealth 
Government and agencies from 2000 to date, including Suspected 
Illegal Entry Vessels, and in particular the boat known as SIEV 
X.'[7]

Bartlett's motion added an important new dimension to the Senate work 
on SIEVX - it enabled the Senate to show its humanity by expressing 
'regret and sympathy' for the huge loss of 'innocent lives' and also 
called on the Immigration Minister to grant permanent visas on 
humanitarian grounds to those TPV holders who lost family members on 
SIEVX.

Thanks to the tenacity and courage of Senators Bartlett, Brown, 
Collins, Cook and Faulkner, we now have four strong pillars on which 
to continue to campaign around SIEVX. Continued pressure needs to be 
put on the Howard government to respond to the first recommendation 
of the CMI Report and the Senate motions. Nothing less than a full 
powers independent judicial inquiry can bring justice and 
accountability in this matter.

-----
NOTES:

1. Executive Summary, CMI Report, p.xx
http://sievx.com/testimony/report/MajorityExecSummary.pdf

2. Senate Motion - Immigration: People Smuggling, 10 December 2002
sievx.com/testimony/20021210OppositionPartiesMajorityMotion.html

3. Senate Motion - Immigration: People Smuggling, 11 December 2002
sievx.com/testimony/20021211SenateHansardExtractAbuQuasseyMotion.html

4. Senator Cook, Senate Hansard, 5 February 2003, pp. 8585-7
http://sievx.com/testimony/2003/20030205SenateHansardCookExtract.html

5. Peter Slipper to Senator John Hogg, 23 December 2002
http://sievx.com/documents/20021223Slipper.gif

6. Senate Motion - Immigration: People Smuggling, 15 October 2003
http://sievx.com/testimony/2003/20031015SenBobBrownExtract.html

7. Senate Motion - Immigration: SIEVX, Senate Hansard, 16 October 
2003, pp. 16276-7
http://www.aph.gov.au/hansard/senate/dailys/ds161003.pdf

-----

See also:

Senator Andrew Bartlett's moving speech in the Senate on Thursday 
evening commemorating the second anniversary of the sinking
http://sievx.com/testimony/2003/20031016SenBartlettSpeech.html

Comment on Bartlett's speech by Mary Dagmar Davies 
http://www.refugeeaction.org/jannah/bartlett.html

Senator Ellison's dissembling and internally contradictory response 
to Senator Collins' question put in July concerning the sinking 
position of SIEVX
sievx.com/testimony/2003/20031016SenateHansardAnswersToCollinsExtract.
html

Senator Bob Brown's press release concerning the launch of a project 
to build a permanent memorial to the victims of SIEVX
http://sievx.com/articles/disaster/2003/20031016BobBrown.html
 



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