----- Original Message -----
Sent: Friday, April 06, 2001 7:01 AM
Subject: Laos' Human Rights abuse of jailing Australian couple for 3 months without a trial is an everyday event in Australia!

 
Open Letter
 
The Hon
Alexander John Gosse Downer
Minister for Foreign Affairs
The House of Representatives
Parliament House
CANBERRA  ACT 2600                                                                     
 
 
Dear Sir
 
In publicly condemning Laos for keeping an Australian couple jailed for 3 months without a trial the Australian Government again prove its hypocritical double standards. In Australia people are imprisoned for 10 month without a trial. 
 
An Australian Farmer was kept in jail for 10 month without a trial in 1988. And again he has been locked up for 5 months without a trial.  We have attached again for your information e-mails sent to you, to every member of the Senate and to the Parliament in Canberra and the State of Victoria. On hearing the plight of an Australian framer in an Australian prison there was no outcry from any politician, just silence.
 
Please explain why other countries should listen to the Australian Government's complaints and screaming about human rights abuse when Australia itself does not offer any protection of rights? This "human rights game" played by the Australian Government against other countries only impresses the ignorant Australian but not those that have eyes to see.
 
        “Every democratic, industrialised country except Australia has legal protection of rights, including the right to equality, of one kind or another”.
        This statement was made by a knowledgeable man, the previous Chief Justice of the High Court of Australia, Sir Anthony Mason. 
 
But there is also the international community who is not blind. The        UNHRC Summary record of the 1856th meeting: Australia. 28/07/2000. CCPR/C/SR.1856. (Summary Record) says that:
 
        “........A large number of cases in Australia had demonstrated that the law did not provide for the protection of positive rights, as opposed to the protection                         of freedoms..."
        "......the ..... sheer volume of the material supplied by Australia made it impossible for the Committee to address matters other than those of                                 urgent concern. Accordingly, ... would confine .... comments and questions to the situation of Australia's indigenous people..."
 
Taking into account these findings by the UN Human Rights Committee  (UNHRC) is it not correct to say that Australia has the same human rights standards than Laos and other third world countries?
 
Brigitte Straulino
President
ONE VOICE – ONE PEOPLE, Human Rights Defenders
 
E-mail:   [EMAIL PROTECTED]             
 
 
Sent: Friday, March 09, 2001 6:00 AM
Subject: Urgent Attention: Brian Fyffe threatened by Legal Aid should he insist on a trial by jury

To All Elected Representatives of the People
Cc: UN Human Rights Committee (UNHRC)
       Secretary-General Kofi Annan, UN New York
 
 
ONE VOICE - ONE PEOPLE Human Rights Defenders (OVOP) herewith ask you again for urgent help for Brian Fyffe.
 
You all are aware of the history of this appalling case o human rights abuse in Australia:
 
Brian Fyffe, a 62-year-old man, has been kept for 4 months in prison because of allegations of threats to a police officer. In order to gain access to Brian Fyffe's home, the police obtained a search warrant for illegal possession of firearms and on 10 October 2000 a 60 men armed force invaded Brian Fyffe's home. He was jailed for having an Israeli Uzi machine gun mounted to his front door. In the following bail hearings the police admitted that they had not found any machine guns. This "revelation" however did not result in a release of Brian Fyffe from jail but he was kept jailed because a magistrate said that he was a danger to the public. To date Brian Fyffe has not been provided with any evidence of a crime. 
 
Finally, after 4 months in jail and the denial of legal aid and medical attention and care, Brian Fyffe has now been granted legal aid, however …….. please see the attached e-mail, which is self-explanatory! 
 
OVOP herewith demand that you personally take all measures necessary in this very serious case of human rights abuse to ensure that Brian Fyffe will have proper legal representation on Tuesday 13 March 2001 and a trial by jury accordingly to the rule of law
 
Please note: Brian Fyffe has the following rights under article 14 of the International Covenant on Civil and Political Rights and by Australian Law
 
·         The right to be presumed innocent until proven guilty
·         The right of legal representation also confirmed in a decision of the High Court of Australia
·         The right to a fair and impartial trial. To ensure a fair trial the Australian Constitution demands a trial by jury for all criminal offences
 
Further, article 26 of the international covenant says that Brian Fyffe is equal before the law and is entitled to equal protection by the law.
 
Taking into account that any civilised and democratic country in the world is governed by these human right standards consequently a country, which does not adhere to the principles of human rights, is not in a status of civilisation! This must apply in Australia because there has not been any action to protect this man’s right’s nor have we heard any noises and concerns from any of you other than deadly silence and complacency…
 
Awaiting your urgently confirmation of the receipt of this message and your advice about the action you as representative of the people have taken to protect this man's rights,
 
Yours faithfully
 
Brigitte Straulino
President
ONE VOICE – ONE PEOPLE, Human Rights Defenders
E- Mail addresses:                  [EMAIL PROTECTED]
[EMAIL PROTECTED]      
Web address:                http://onevoice.freeservers.com/
 
 
 
-----Original Message-----
From: judy mastwyk [mailto:[EMAIL PROTECTED]]
Sent: Thursday, 8 March 2001 08:31
To: [EMAIL PROTECTED]
Subject: Re: Brian Fyffe
 
Dear Brigitte,
 
Dad has not been able to secure legal rep. for the committal hearing on Tuesday.  …….  I believe they will move dad on Friday...tomorrow...up to Bairnsdale.  I am not sure what we are going to do.....legal aid are being difficult...first they said yes, they will fund the case, then Greg Thomas from legal aid said that after looking at the case he is of the opinion that dad should go before a judge alone in the magistrates court to have the charges heard.  Dad has a legal right to choose how he wishes his case to be heard and he wants a trial by judge and jury.  Mr. Thomas said that if dad wishes to go before a judge and jury legal aid will not fund the case.  So, does dad really have much choice????  l think not when it comes to legal aid.  How many millions of dollars have the Victorian government spent on this stupid inquiry into Intergraph, the ambulance service which the kennet government awarded a contract to????  something like $60m when it is finally finished!!!!!  The labor gov. initiated an inquiry into the tendering process which the Liberal gov. gave to this organization.  It is a blatant waste, utter waste, of legal aid funds!!!!!!!    Gotta go now...l will get back to you tonight with more info....
 
Yours sincerely,
 
Judy Mastwyk
 
Contact details for Judy Mastwyk
PH: 03 5465 8566
Address:
Wild Dog Valley Road

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