Report to UN calls for Royal Commission on Habib |
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Monday, 6 August 2007 |
NSWCCL media release: 6/2007
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This week, the NSW Council for Civil Liberties (NSWCCL) sent to the United Nations a report card on how Australia is complying with its international obligations under the Convention against Torture. And Australia’s grades are not good.
"Australia is failing to meet its international obligations with respect to the absolute ban on torture," said NSWCCL President, Mr Cameron Murphy.
"Since September 11, Australia has shown an increased willingness to acquiesce in the use of torture by other nations. Australia has also demonstrated a willingness to ignore its Convention obligations to investigate, prosecute and punish torture and mistreatment," Mr Murphy said.
"Australia should not torture people or be complicit in their torture. Australia should investigate and prosecute torturers and their accomplices," Mr Murphy said.
"It is important to protect Australia and Australians from terrorism. However, somewhere along the way, we have lost sight of the importance of the absolute ban on torture.
"To quote Kofi Annan: Let us be clear: torture can never be an instrument to fight terror, for torture is an instrument of terror," said Mr Murphy. Australia ratified the Convention against Torture in 1989. The Convention bans torture and other cruel, inhuman and degrading treatment or punishment. Complicity and conspiracy to torture are criminalised by the Convention. Superior orders are no defence under the Convention.
"We need a full Royal Commission into what Australian officials knew about the rendition and torture of Mr Mamdouh Habib", Mr Murphy said.
"Mr Habib claims that Australian officials were complicit in his torture by providing information to his Egyptian torturers, possibly via the CIA. Mr Habib also alleges that Australian officials were present in Pakistan when he was put on a secret CIA plane and rendered to Egypt.
"So serious are these allegations, that NSWCCL is calling for a full Royal Commission into the actions of Australian officials in relation to Mr Habib.
"A recent Canadian Royal Commission was highly critical of Canadian police for their role in the rendition by the US of a Canadian citizen to Syria for torture. After the Royal Commission, the victim was awarded $10 million compensation.
"Australia should follow the democratic example of Canada and investigate Mr Habib’s allegations thoroughly. Any Australian officials who assisted Mr Habib's torturers should be investigated, prosecuted and punished to the full extent of the law.
"Claims of torture should not be swept under the carpet. We need to get to the bottom of what happened to Mr Habib. We need to make sure it never happens to anyone else", said Mr Murphy. Every four years, Australia sends to the UN Committee against Torture an official report outlining how Australia is complying with the Convention against Torture. Australia’s most recent report is due to be examined in Geneva by the UN Committee against Torture in November this year.
"Australia’s official report to the Committee against Torture has some glaring omissions", Mr Cameron Murphy said.
"Australia's official report fails to mention the allegations of torture made by Mamdouh Habib and David Hicks. The official report fails to mention Australia’s involvement in the abuse in coalition-run Iraqi prisons (like Abu Ghraib). The official report fails to mention the extent of human rights abuses and mental health issues in immigration detention centres.
"It’s as if these things never happened", said Mr Murphy. NSWCCL's Shadow Report is critical of Australians officials who have been less than forthcoming with the truth about what they knew about abuses in prisons run by Allied forces in Iraq and Afghanistan.
"We also need a separate independent inquiry into what Australia knew about torture in Abu Ghraib and other Iraqi prisons. The evidence shows that Australian officials knew about this abuse well before those graphic photographs were published.
"The inquiry should investigate why Australia did not intercede to help the victims," Mr Murphy said. NSWCCL's Shadow Report also notes that government ministers and officials have displayed a willingness to claim that some acts of torture are not torture.
"We are also concerned about the increased willingness in Australia to redefine torture in such a way that ASIO and other agencies can use torture techniques such as sleep deprivation," said Mr Murphy.
"We need a referendum to enshrine in our Constitution the absolute prohibition against torture", Mr Murphy said. For more information contact:
Michael Walton, NSWCCL Committee Member, 0421-961-808
Cameron Murphy, NSWCCL President, 0411-769-769
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