From: [EMAIL PROTECTED] <[EMAIL PROTECTED]> Date: Tuesday, 1 December 1998 23:36 Subject: AUSTRALIA: GOVERNMENT THREAT TO GAG AMNESTY INTERNATIONAL >Subject: AUSTRALIA: GOVERNMENT THREAT TO GAG AMNESTY INTERNATIONAL > >Human Rights > >Date: Tue, 1 Dec 1998 10:44:32 -0500 >From: Amnesty International > >* News Release Issued by the International Secretariat of Amnesty >International * >News Service 233/98 >AI INDEX: ASA 12/11/98 > >AUSTRALIA > >GOVERNMENT THREAT TO GAG AMNESTY INTERNATIONAL > >Amnesty International is outraged at the Australian government's warning >that the organization could face "serious consequences" should it >continue to name or publish information identifying a Somali asylum >seeker whom the government has repeatedly tried to deport to Mogadishu, >where he could be tortured or killed. The man himself has agreed to be >named. > >"This move effectively amounts to censorship. It is completely >unacceptable as it is not for governments to decide whether reporting >the case of someone facing torture or death upon deportation is in that >person's interest. It is for governments to honour their treaty >obligations not to deport people to face serious human rights abuses," >Amnesty International said. "If the Australian government was genuinely >concerned about the man's safety on his return to Mogadishu, it should >not have tried three times to return him there". > >Amnesty International first took action to protect the Somali asylum >seeker by writing to the Australian government on 28 October 1998, one >day before he was due to be deported. The Australian High Court halted >his deportation the following day. The government then sought a court >order suppressing the publication of any identifying information >regarding his case. No such steps were taken in other recent cases of >Somali asylum seekers facing deportation. > >On 18 November, one day before the asylum seeker again faced >deportation, Amnesty International issued an "Urgent Action" (UA) >appeal, alerting its international membership to the imminent >deportation of the Somali man, naming him with his consent. Hours later, >10 government and security officials took him to a plane in a >restraining belt and forced him to board a flight to Mogadishu. > >However, during a stop-over in Perth -- following urgent interventions >by the United Nations (UN) Committee against Torture, the UN Special >Rapporteur on extrajudicial, summary or arbitrary executions, as well as >Amnesty International and an Australian transport union, which took >action to prevent the man's connecting flight leaving Perth -- the man >was given a last-minute reprieve and permission to stay in Australia >temporarily. > >The Australian government allowed the asylum seeker to stay while his >case is being examined by the UN Committee against Torture, on the >condition that he is detained 4,000 kilometres -- and three time zones >-- away from Melbourne, where his lawyer is based. The authorities have >however offered no guarantee that he will not be deported in the >meantime, only that he will be given 48 hours' notice. > >On 19 November, the Australian government solicitor, "on behalf of the >Minister for Immigration and Multicultural Affairs", wrote to Amnesty >International's Australian section, referring to the UA and warning the >organization to "be aware that serious consequences could flow" from >breaching a Federal Court publication suppression order made that >afternoon at the Minister's request. > >Without giving any reasons for the government's move to suppress >publicity on the case, the letter quoted the court order, under which >the man's name and "any information which might identify" him cannot be >published in Australia. > >It is a fundamental principle of international law that all court >proceedings should be open to the public and to the media as a safeguard >of the integrity of proceedings. The International Covenant on Civil and >Political Rights -- ratified by Australia -- provides that in "the >determination of [...] his rights and obligations in a suit at law, >everyone shall be entitled to a fair and public hearing by a competent, >independent and impartial tribunal established by law". > >Under Article 14 (1) of the Covenant, the media and the public may not >be excluded even from part of a proceedings, except for specific, >narrowly-defined exceptions, including "when the interest of the private >lives of the parties so requires, or to the extent strictly necessary in >the opinion of the court in special circumstances where publicity would >prejudice the interests of justice". The suppression of the name or >identifying information of the man concerned -- who wishes the public to >know about his case -- does not fall within any of these exceptions. > >Proceedings to lift court orders prohibiting publication on the case are >set to continue on 8 December. > >"The Australian government's attempts at censoring this case are utterly >deplorable. We cannot -- and will not -- stop campaigning against the >deportation of an individual to somewhere where he could face serious >human rights violations, or even death." > >ENDS.../ >Amnesty International, International Secretariat, 1 Easton Street, >WC1X 8DJ, London, United Kingdom >**************************************************************** >You may repost this message onto other sources provided the main >text is not altered in any way and both the header crediting >Amnesty International and this footer remain intact. Only the >list subscription message may be removed. >**************************************************************** >To subscribe to amnesty-L, send a message to <[EMAIL PROTECTED]> with >"subscribe amnesty-L" in the message body. >--------------------------------------------------------------------- >WHEN SPIDERS UNITE, THEY CAN TIE DOWN A LION -- Ethiopian Proverb >
