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You can find the current article at its original source at https://www.theguardian.com/australia-news/2018/jan/27/indonesians-jailed-for-people-smuggling-offences-seek-compensation
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| Indonesians jailed for people-smuggling offences seek compensation | Indonesians jailed for people-smuggling offences seek compensation |
| (25 days later) | |
| More than 50 Indonesian minors who crewed asylum-seeker boats want compensation from the Australian government for being jailed as adults. | More than 50 Indonesian minors who crewed asylum-seeker boats want compensation from the Australian government for being jailed as adults. |
| The 55 Indonesians have joined a complaint to the Australian Human Rights Commission about their treatment while in prison,, and have flagged potential federal court action against the federal government. | The 55 Indonesians have joined a complaint to the Australian Human Rights Commission about their treatment while in prison,, and have flagged potential federal court action against the federal government. |
| Canberra lawyer Sam Tierney, of Ken Cush & Associates, said many of them were tried, convicted and sent to adult prisons for people-smuggling offences. | Canberra lawyer Sam Tierney, of Ken Cush & Associates, said many of them were tried, convicted and sent to adult prisons for people-smuggling offences. |
| Attempts to verify their age were either insufficient or relied on flawed wrist x-ray testing, he said. | Attempts to verify their age were either insufficient or relied on flawed wrist x-ray testing, he said. |
| In some cases, the children spent long periods in adult jails. Tierney said one case involved imprisonment for about 800 days. | In some cases, the children spent long periods in adult jails. Tierney said one case involved imprisonment for about 800 days. |
| The experience had caused great hardship, he said. Several children had been physically and sexually abused, and still suffered psychological trauma, he added. | The experience had caused great hardship, he said. Several children had been physically and sexually abused, and still suffered psychological trauma, he added. |
| “We’re talking about kids locked up with the worst of the worst in Australia,” Tierney said. “You don’t need to be a rocket scientist to know that they’ve had a hard time. | “We’re talking about kids locked up with the worst of the worst in Australia,” Tierney said. “You don’t need to be a rocket scientist to know that they’ve had a hard time. |
| “I think it would be fair to say that, in a lot of instances, they’re still confused about why they ended up where they did, and why they were treated the way they were.” | “I think it would be fair to say that, in a lot of instances, they’re still confused about why they ended up where they did, and why they were treated the way they were.” |
| The Australian government has previously faced compensation claims for their handling of cases involving minors in people-smuggling operations. | The Australian government has previously faced compensation claims for their handling of cases involving minors in people-smuggling operations. |
| In 2012, the Australian Human Rights Centre warned the government could face a large number of civil cases, after detaining an estimated 200 minors on people-smuggling charges during the four previous years. | In 2012, the Australian Human Rights Centre warned the government could face a large number of civil cases, after detaining an estimated 200 minors on people-smuggling charges during the four previous years. |
| Last year, the issue was given renewed impetus by a decision of the West Australian court of appeal in the case of Ali Jasmin. | Last year, the issue was given renewed impetus by a decision of the West Australian court of appeal in the case of Ali Jasmin. |
| When he was 13, Jasmin, played a minor role in a 2009 people-smuggling operation that sought to bring 55 Afghan asylum-seekers to Australia. | When he was 13, Jasmin, played a minor role in a 2009 people-smuggling operation that sought to bring 55 Afghan asylum-seekers to Australia. |
| He was eventually sentenced as an adult to serve five years in Perth’s Hakea Prison, a maximum security facility, for people-smuggling offences. | He was eventually sentenced as an adult to serve five years in Perth’s Hakea Prison, a maximum security facility, for people-smuggling offences. |
| Police had relied on a flawed wrist x-ray test to calculate his age. An Indonesian birth certificate showing he was a juvenile had been available. | Police had relied on a flawed wrist x-ray test to calculate his age. An Indonesian birth certificate showing he was a juvenile had been available. |
| Last year, court justices Robert Mazza and Robert Mitchell overturned his conviction. “I am satisfied that a miscarriage of justice … has occurred,” the judgment said. “If the appellant was aged under 18 years when he allegedly committed the offence, the mandatory minimum penalty … for an adult, did not apply to him, and he should have been sentenced by the children’s court.” | Last year, court justices Robert Mazza and Robert Mitchell overturned his conviction. “I am satisfied that a miscarriage of justice … has occurred,” the judgment said. “If the appellant was aged under 18 years when he allegedly committed the offence, the mandatory minimum penalty … for an adult, did not apply to him, and he should have been sentenced by the children’s court.” |
| Jasmin has since launched a complaint with the Human Rights Commission. | Jasmin has since launched a complaint with the Human Rights Commission. |
| The 55 new clients referred to by Tierney are joining that complaint. | The 55 new clients referred to by Tierney are joining that complaint. |
| “If we were dealing with Australian kids – for example what happened in the Northern Territory – there would be a royal commission and massive changes afoot,” Tierney told Guardian Australia. | “If we were dealing with Australian kids – for example what happened in the Northern Territory – there would be a royal commission and massive changes afoot,” Tierney told Guardian Australia. |
| The Human Rights Commission will need to accept the 55 new complaints, as they are being made late. | The Human Rights Commission will need to accept the 55 new complaints, as they are being made late. |
| It can facilitate conciliation, inquire and make recommendations, but cannot force the commonwealth to pay compensation. | It can facilitate conciliation, inquire and make recommendations, but cannot force the commonwealth to pay compensation. |
| Tierney said more avenues were available through the courts, if compensation was not able to be achieved through the commission. | Tierney said more avenues were available through the courts, if compensation was not able to be achieved through the commission. |
| Some of the Indonesians involved in the complaint were already involved in a court case in Indonesia against the Australian government. | Some of the Indonesians involved in the complaint were already involved in a court case in Indonesia against the Australian government. |
| Indonesian solicitor Lisa Hiariej told the ABC, which first reported the story, that the move had blindsided her, and that her clients had been stolen. | Indonesian solicitor Lisa Hiariej told the ABC, which first reported the story, that the move had blindsided her, and that her clients had been stolen. |
| But Tierney said the Indonesian case had no prospects for success, given it was outside Australia’s jurisdiction, and that the Indonesians were free to choose their representation. | But Tierney said the Indonesian case had no prospects for success, given it was outside Australia’s jurisdiction, and that the Indonesians were free to choose their representation. |
| Australian immigration and asylum | Australian immigration and asylum |
| Indonesia | Indonesia |
| Refugees | Refugees |
| Asia Pacific | Asia Pacific |
| Australian law | Australian law |
| Australian politics | Australian politics |
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