A/HRC/28/68/Add.1
18. The Rapporteur hence finds that the Government, in its reply, does not sufficiently
address the concerns, legal obligations, and questions raised in the initial communication,
which prompts him to infer that the Government fails to fully and expeditiously cooperate
with the mandate issued by the Human Rights Council in its resolution 25/13, as well as to
comply with its obligation, under international customary law, to investigate, prosecute and
punish all acts of torture and other cruel, inhuman or degrading treatment or punishment, as
codified, inter alia, in the Convention against Torture (CAT).
19. In the absence of information to the contrary, the Rapporteur concludes that there is
substance in the allegations presented in the initial communication, reiterated above, and
thus, that the Government of Australia, by failing to provide adequate detention conditions;
end the practice of detention of children; and put a stop to the escalating violence and
tension at the Regional Processing Centre, has violated the right of the asylum seekers,
including children, to be free from torture or cruel, inhuman or degrading treatment, as
provided by articles 1 and 16 of the CAT.
(a)
UA 08/07/2014 Case No. AUS 2/2014 State Reply: 10/07/2014 Allegations concerning
the situation of two groups of Sri Lankan asylum seekers and migrants (203 in total),
including a significant number of Tamils, and their incommunicado detention and
imminent deportation to Sri Lanka by the Australian Government, in contravention
of Australia’s non-refoulement obligations.
20. The Special Rapporteur thanks the Government of Australia for its reply, dated 10
July 2014, to the present communication.
21. The Rapporteur finds that the Government, in its reply, does not sufficiently address
the concerns, legal obligations, and questions raised in the initial communication, which
prompts him to infer that the Government fails to fully and expeditiously cooperate with the
mandate issued by the Human Rights Council in its resolution 25/13, as well as to comply
with its obligation, under international customary law, to investigate, prosecute and punish
all acts of torture and other cruel, inhuman or degrading treatment or punishment, as
codified, inter alia, in the Convention against Torture (CAT). The Government in July
2014, stating that these matters were currently before the High Court of Australia. The
Special Rapporteur has not received any communication since.
22. It has come to the attention of the Special Rapporteur that, as of the drafting of this
report, the extradition of the two groups of Sri Lankan asylum seekers and migrants, has not
taken place. The Rapporteur strongly urges the Government of Australia to protect the right
of these 203 migrants to be free from torture or cruel, inhuman or degrading treatment, as
provided by articles 1 and 16 of the CAT, and to refrain from deporting these individuals to
Sri Lanka where they risk torture, thereby ensuring compliance with article 3 of the CAT.
(b)
JUA 17/11/2014 Case No. AUS 4/2014 State Reply: 16/12/2014 Allegations concerning
acts of intimidation and ill-treatment of two asylum-seekers, following their
statements regarding the violent attacks against asylum-seekers, which allegedly took
place between 16 and 18 February 2014 at the Manus Regional Processing Centre,
and immigration detention centre located in Manus Island, Papua New Guinea, whose
internal security is operated by a company on behalf of the Australian Government.
23. The Special Rapporteur thanks the Government of Australia for its reply, dated 16
December 2014, to the present communication.
24. The Rapporteur takes note of the information provided by the Government that the
allegations concerning the ill-treatment of Mr. A and Mr. B are subject to domestic legal
proceedings currently before the High Court of Australia. He welcomes the Australian
Governments adoption of 9 out of the 13 recommendations in the report “Revi ew into the
events of 16-18 February 2014 at the Manus Regional Processing Centre”, that was
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