A/HRC/28/68/Add.1
released on 23 May 2014. In spite of the information supplied by the Government, its reply
fails to inform the Rapporteur about the status and progress of the case concerning Mr. A
and Mr. B.
25. The Rapporteur finds that the Government, in its reply, does not sufficiently address
all of 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).
26. In the absence of sufficient 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 any additional
information or details of the investigation into Mr. A and Mr. B’s allegations, has violated
their right to be free from torture or cruel, inhuman or degrading treatment, as provided by
article 1 and 16 of the CAT.
(c)
JOL 17/11/2014 Case No. AUS 5/2014 State Reply: 23/12/2014 Allegations concerning
the Migration and Maritime Powers Legislation Amendment (Resolving the Asylum
Legacy Caseload) Bill 2014 and the Migration Amendment (Character and General
Visa Cancellation) Bill 2014 which are reportedly being scrutinized by the Senate’s
Legal and Constitutional Affairs Committee.
27. The Special Rapporteur thanks the Government of Australia for its reply, dated 23
December 2014, to the present communication.
28. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns, legal obligations and questions raised in the initial
communication.
29. He takes note of the information provided by the Government that the Migration
Amendment (Character and General Visa Cancellation) Bill 2014 and the Migration and
Maritime Powers Legislation Amendment (Resolving the Asylum Legacy Caseload) Bill
2014 passed both Houses of Parliament on 26 November 2014 and 15 December 2014,
respectively.
30. Notwithstanding, the Rapporteur surmises that both bills put Australia at risk of
violating the Convention Against Torture (CAT). The Migration and Maritime Powers
Legislation Amendment, which has passed both the house and the Senate of Australia at
this point, violates the CAT because it allows for the arbitrary detention and refugee
determination at sea, without access to lawyers. The Migration Amendment (Character and
General Visa Cancelation Bill violates the CAT because it tightens control on the issuance
of visas on the basis of character and risk assessments.
31. The Rapporteur concludes that the Government of Australia, by failing to amend the
provisions of the two bills to comply with the State’s obligations under international human
rights law, particularly with regard to the rights of migrants, and asylum seekers, including
children, has violated the rights of migrants and asylum seekers to be free from torture or
cruel, inhuman or degrading treatment, as provided by articles 1, 3, and 16 of the CAT.
9
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